The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-04-29
Counsel for State and Defense
Exercise Peremptory Chal-
lenges on Six Veniremen
Passed for Cause"
NEW VENIRE OF rs
DRAWN FOR TODAY
John Thorup Startles Court.
room by Admitting Under
Searching Questions He
Is Living in Polygamy.

.
After filing half the seats in the
Jury box with veniremen who were
"passcd for cause counsel in the
case of the state versus Caleb A. In
low, on trial before Judge M. l..
Ritchie on a charge of the murder of
Chauffeur eddie" White, exercised
their right to peremptory challenges
and the entire half dozen prospective
| Jurymeu were excused from service
The defense exhausted four Of its If
teen challenges and the state only
two of its like number. The yenire be-
ing exhausted a special venire Of
seventy-hve names was drawn in open
court and the efforts to secure a jury
will be resumed this morning at the
point where they started at the open
ing Of the case. Throughout the day s
proceedings the defendant sat with the
air of apparent Indifference which has
marked his demeanor on his every ap.
pearance in court.
Sensation Develops.
The participants in and spectators
Of the opening Of what will develop
into one of the most interesting murder
trials in the history of the state re-
ceived their first thrill yesterday af-
ternoon when John T. Thorup, r venire
man. calmly admitted that he is living
| in polygamous relations with a plural
wife, Called to the jury box just be-
fore the noon adjournment of court,
Thorup stated under oath that he re-
sided at 1923 Ninth East. There he has
wife and seven children. During the
recess of the court counsel for the de
tense learned more details Of the
venireman s home life, and questioned
him sharply when court again convened
at 2 clock.
Makes No Apology.
Under the searching questions Of
counsel Thorup admitted having au-
other home at 1877 East Seventh South,
where plural wife and seven children
reside. 81 live there part Of the
time,'' he told counsel. The youngest
Of the seven children by his plural wife
is "going on five years of ago.
Coolly and without embarrassment
Thorup explained that, having taken
his plural wife before the manifesto
went into effect, he thought he had
the right to continue his relations with
both his wives. Both sides passed the
venireman for cause, but he was later
excused on peremptory challenge Of the
state
Thorup's admission in court may re-
suit in a charge being filed against
him by County Attorney I. E. Wiley.
Mr.. Wiley stated yesterday when the
matter was brought to his attention
that he would make an investigation.
cit is impossible to secure n convic-
ton on charge Of polygamy," he
says; "the higher courts having held
the introduction Of documentary proof
Of marriage essential. AS these plural
marriage ceremonies were performed
by church officials, no documentary evil
dence exists. The only charge that can
be successfully prosecuted is that of
unlawful cohabitation. Mr.. Wiley
would not say that he would file such
charge against Thorup.
Veniremen Are Excused.
OF the six yeniremen passed for
| Henry EltZlnDh n
neer 81 years Of age, and NJ. j. Rudy,
77s South Second West. foreman of the
0. S. L. freight house, were peremptor-
! ily challenged by the state. The four
on whom the defense exercised the same
right were John T. Thorup. Hyrum A
| Silver, retired foundryman OF 1913
South Fifth East; John Elkins. G5T West
Fourth North. an employee OF the T. c.
NJ. l., and S. d: Chase, SO II street,
the following had formed an opinion that
could not be changed by evidence and
were excused; Alvin C. Strong 951 East
| Fourth South: Edward G, Dawson OF
| Murray; Chester e. Cahoon of Murray,
and Oscar Reppert Of Cos Eleventh ave-
| nuo. Axel II. Steele. IL deputy sheriff
| at the time OF the crime, was excused
| without parey. Ernest Saylle and VIII
| liam J. Newman were relieved from duty
| son OF G22 East Seventh avenue on ac-
| count OF defective hearing. although he
| protested that he could hear II the others
| would talk plain enough" Soren &.
| Miller, one OF the last venircmen to be
examined. is unalterably opposed to cap
] ltal punishment, besides having strong