Show THE HEATON MURDER CASE NOW ON OK TRIAL boy defendants father and mother present as is the father of mary tsie the murdered GM girl eleven jurors secured after sixty six Si tales nien men are examined G T bearl bean is assisting aig the prosecution and S R thurman Thi arman and E E hoffmann for the defense jurors accepted in the heaton murder case B INT HOPKINS s joaeph JOSEPH R HOOTON s central IV E HYATT joseph PETER ae F P ANDERSON redmond JOHN ANDERSON monroe I onroe HANS TUFT monroe SOREN elsinore J B ri ridmond DAVID COLLINGS CODLINGS monroe s OLE LARSEN j monroe the january term of the dis district tricE ourt fol foi sevier county opened on tuesday with judge john E booth on the bem bonah h and his stenographer B H ua mb is ih it at the wp reporters babl judge booth was hele heie in place of judge chidester r to try the tha heaton murdel lase case there were district attorney erickson Eri ekson clerk magleby sheriff abbott and H S christensen it 11 barney and albert olsen engar bailiffs S it thurman E E hoffmann attorneys attorney foi the defense in the heaton tase lase and G r bean attorney y for L lisonbee Lison bes were also po e h e nt when the cobit was opened the jurors summoned for the trial of aises were called and ea examined mined by the district attorney as a to their statutory qualifications to sit as ais tri LI jurors the were excused george fenn jr of salina owing to illness in his family J E magleby had been excused by an order of the court made in chambers chamber S R cal baiter ter on account of defective hearing john gleaves cleaves could i ot of appear owing to illness these preliminaries having been disposed of the court announced the first ease case on trial to be that of the state slate of utah vs alvin heaton jr the state announced ed that it was ready but Attorn attorney Ly thurman Thur raan took a few minutes to examine the subpoena for defendants witnesses he then stated that some borne important witnesses Nit nesses were eye not present but lie was prepared to go ahead with examining tile the j jurors brors until noon when the defense would probably know more about the absent witnesses twelve men were sum summoned monea to the box as follows benjamin gardner L P hansen james P poulsen peter peterson J jacob acob String liam david hansen joseph thurber joseph colby joseph hugendubler Hugen II 11 1 I L wright parley B W hopkins ahe defendants attorney S it thurman then nude made a statement to the jury outlining the charge which had been made against the defendant of murdering alary Ste avena at order vill ville last april during this statement there was a bush in intha athe court room sitting beside sheriff abbott was alvin heaton the boy defendant A mere stripling in appearance a schoolboy boy regular features eves dirk dark and bright with no sign of iny any abnormal proclivities in fact one would take him to be anything but a taker of human life there are hundreds of boys in utah who nho attend regularly or cr who work on the f film a any ily 0 of f whom would be taken fol foi a a mu acre in preference to the boy who ho is now being tried foi III hia life alvin ainu heiton sr the father nd mrs heaton the mother of the de fending were present in court these people ire of an intelligent intelli gert and pleasing they realize the gravity of the charge against their boy and they exhibited the strong tenion ten ion arder which they labored by a nervous clasping and unclasping of their hands as they watched the proceedings ce beside the distich attorney keeping close watch atch on the proceedings but taking no active part therein at present sits erza the father of the murdered girl he is an elderly gentleman with the appearance of a son of toil ile he will be the chief witness for the prosecution the fact that a murder trial was on the first ever tried in richfield attracted a large crowd of spectators and nd every ciery inch of room was takei by the cui cm ous crowd and the jurors ahe examination of ohp firby fantl I 1 of jurors nas aa conducted by S it I 1 ahe he first t to 0 pisca muster er james P poulsen admitted that he fie had read the alleged of heaton and it ha haj made an ampless ion on his mind ile he was ch challenged chillen allenger allen ged gea for actual bias and alt although hugh ane dis is tr et ct resisted the re challenge chil lenge a few questions by the court mr poulsen vis excused petti of redmond was excused for bias hiving read the alleged confession and hid formed an opinion jacob stoneham ham hid hd lead tl tle the e alleged confession as published in the deseret news and lie he had formold d an opinion he was vas challenged fol foi bids bias and was excused david hanon had road read of the case and was N as challenged for actual bias the district attorney resisted the challenge judge booth then took oci aaion to elucidate the fine distinction of the presumption of innocence ind and the state of mind of a juror this helped the juror to determine his state of mind and he insisted he chuld try the ease case fairly and impartially impart ialy the challenge was N as then NN withdrawn ith drawn joseph thurber was examined and as he knew nothing about the case he was passed for cause and court took a recess until 2 TUESDAY AFTERNOON when court was called in the after the crowd was even greater than the forenoon and it flowed out to the lobby and also into the clerks office the first matter was the introduction of G T bean as an attorney for the prosecution and he was ihus en dered on the record joseph colby had formed no opinion as to the merits of the ca case seand and he was passed for cause joseph hugendubler Hugen was not so bo fortunate ile he harl bad haard whit wh it purported to be the facts and had a fixed opinion in the matter lie he was wab excused 1 L had bad heard little of the case and had no opinion in the mat ter ile he stated that he had bad tried to learn particulars of the ease case in order to get out of serving as a juror he was passed for cause parley was not so passed he had heard and i lead cad of the case and ho he had a fixed opinion he was excused for bias B W hopkins had heard of the case but had no opinion in the matter he was passed for cause this made seven jurors out of the first twelve who passed the defendants attorney as to prejudice and five were excused the district attorney then took the seven jurors in hand and put them through a course of questions joseph thurber stated he had conscientious ious s scruples against a verdia of guilty on oil purely burely circumstantial e evidence ov in a case of murder 1 11 1 the first degree he was as challenged ty ly the croc broc cution and was excused ed I 1 L wright had the sarre scruples and was excused 1 L P hansen was again acain questioned ored as to a hed opinion lie he admitted that it would take evidence to change his opinion the defense defence challenged him for bins and he vias e cubid david hansen was challenged by the defense on the sime same s ime grounds and was e aused the state peremptorily e excused cusco joseph colby the defense benjamin gardner and B W hopkins was the only ont on of the itt twelve lve juniors accepted court then took rn n in fornal recess for ten minutes and daring that tune time the court excused jo do eph colby jo eph hug Husen gen parle parley die dic hinsen II insen ana jocob cob string im oi 01 tre tle term the other oiher jurors mno no hud hd been tailed called and excused tie gi riven a weeks leave of absence S in joenson Joi enson st spited cited he N rd nd d heaird of the ease and had foamed an opinion irom from what he be hid bid heard board which would require evidence to remove the defense challen challenged gd him for bias judge booth aked the juror if he could lay aside thi th opinion formed and try the case fairly on the evid evidence enLe given by the witness he replied chrt he could do so the challenge was denied and the defense took an exception levi H jackman had read the account of the alleged crime in ill the deseret and reaper and the alleged confession of the defendant and believed the accounts and formed an opinion he was challenged for bias and excused herbert roberts was challenged for like cause and was as excused peter lad had h heard eard 0 I 1 opinion the case and had bad formed an all opinion which would require evidence to remove he however could lay the opinion aside and try the ease case on its merits r P anderson had rea read d the details of the illeen crime and the confession and had gained an impression ft t the time but he had corp forgotten atten the details and could give the case a fair heating bearing joseph R hooten had read the reports of the case cage but his impre impression of the guilt or innocence of the de defendant if was vias so slight that he could all agno c a fair and impartial partial ini trial I 1 lines imes INI jensen had formed an opinion and was excused for letual bus bias jolin john L poulsen had bad heard the details of the case from his brother who nho continued on oil eighth page T H EE HEATON MURDER CASE NOW ON TRIAL continued Conti rued from first page tas in ind around Or derville wa where arc the crime v is al alleged to hive been committed he hid formed an opinion then of the cise which would lequire evidence ei dence to remote he aas cx aused wm vm A W bid read the details of the eme cae but hid had no fixed opinion in the miller john An anderon deion of salina had reid an account of the alleged crime and had formed an A challenge chillen chil lenge gc kis interposed for bus lot is and it was sustained cd J il H had reid of the in n the news wd slid the greiper and in opinion in the mitter mitten avab aa ch illen ed for actual bi bus 13 district at attorney torne and anddrein dren from the juror that lie he lay aide a aide a ide ann ani opinion he hid and guided ba b the lav lat and the evidence but ut to mr he slid tid he would ri quire evidence to give 0 the defend ant the presumption of innocence ile he was aused cu sed the district distrct then took the jurors juror in h had pissed muster and questioned them asto as to couple cr uple against again it in murder la ca es or punishment for leh cac caco ind otner conditions of the jurors minnas peremptory chil challenges lenges anere arc post boned until morning and court ad jou jolted ned WEDNESDAY MORNING HORNING pro gres s laas mide in the election of jurors in the heaton mur murder er baies fie additional jurors ere obtained by the time lime thi the noon recess was wa reached making six sit juroch secured from 31 called for examination court convened it 10 G T bean announced that district attorney erickson had bad been summoned to the bedside of his sick mother and would be absent for a dai the jurors in the heaton case wee called and challenges were exercised the state excused wm win A warnock and the defense retired simuel jorgensen en monroe F P anderson and joseph R hooton were ere accepted and sworn eight other jurors nere summoned and tool took their places in the bo Chiist nn Pet peterson eison of glenwood Gleni had read of the cae and lidd had formed an opinion in the mitter matter Us ile believed talat he could gi eie e a fur and impartial b haring baring aring ot or the tie ie he insisted that in pite of an opinion formed from reading of the cae he c could id lay that aside 1 a and nd give ln nn L uri jdant 11 t t the he bene benefit fit of the n of innocence tl brun run hall of salina galina hid read of tile the tase ase and beyond a imari sion bion lie had formed no definite in the matter sir mr halls answers were ere very cry cleir and he patch for cace until the at attorney torne for the prosecution questioned him when hs he c pre presided sied an opinion that he t not find a verdict of guilty on oil n murder rn ader case baked evidence after sonic some discussion of af thin thib the juror was vas passed charles H nielen niel en of richfield said that while he of the case he had formed no fixed opinion of the case niels P jensen tas T as excused for actual biache ha having ing read the reaper and formed an opinion in the matter john anderon of monroe had read of the case but his impre was fleeting and he thought that thai he could try the case impartially walter E hatt had lead the reaper account of the alleged criar but had formed no particular opinion in the te CES cas robert johnon had read of the cae ca e and had formed an opinion of the guilt of the defendant he believed he could try the case fairly but admitted that it would require some evidence to remove remote the opinion ile he was tas passed for cause the jurors having been examined for cause the peremptory resulted in the state excusing byron hall flail chaales H Nei laci martin the defense an fn excused cud caits chits Pet cron 1 ind rot ert jon john andeeson An deison ina W H P hiatt hatt ere accepted making si sr in the case court took it a recess until 2 9 WEDNESDAY AFTERNOON three additional jurors a ere secured at the afternoon session linking nine court convened promptly at it 2 kloick and alx bi additional jurors juron immediately summoned to th lo be iaac I R oldred had redd read the reaper and knew the particulars as published and had read the purported confession fes sion he had formed an opinion of tile the guilt or innocence of the defendant which would take evidence to remove andee vas as excused for bi bus ig TG humphrey hid read something of the case cac but had not gone into pa particulars ti tic As soon oon as he be saw the nature of the case he hid dropped it as he did not like reading such matter he had in opinion from what he had lead and thit opinion still clung to him he wis ecuer foi bris hins hans tuft had bad no fixed opinion in the case ind and NN was as parsed charles goold good had read the airs irs in the alleged ill cRed of the he had formed an opinion and was as c excused cubed for bi bus is gu lewis lennis hid bid ind and reid read of the cise and hid orne ome slight sion of tile tho case ile he lud hid scruples deith penalty in cases where ii he ha an was as ex used W T ogden had lead of the cae md ind had foamed an opinion in the matter he ti nas as c excused cubed for bia hins tuft N ih ib tile the only juror accepted achins making seen jurors matthias matthia hansen who is known as M C andrason had heird of the case and is related by marriage to the ens family had heard it talked oer and had a strong OP opinion in the case he as excused for bias soren corenon So renon non had heard and read of the cae but had formed zi no particular opinion in the case A at anderson of sigurd had read the particulars of the abe case and had formed an opinion in the matter he nas as excused for bias Step stephen laen pope had heard something of the case but had formed no particular opinion he vas tt as passed for cause chris johnson had foamed an opinion from what N hat he had heard and read hue but he could try the case fairly and impartially he admitted that the fact that he had a daughter about the ape age of the murde murdered reil girl and that ml might ht influence his mind in arriving at a verdict in adser to the court lie he replied tb thit it it could require less ei e him bun to c where a girl the th oge ego of his daughter daught tr had licen been killu 11 ha was as excused for bias ste stephen phen pope anas as peremptorily excused bi the defense corp ren v as accepted as the eighth bulot r the court then took an informal recess fol ten minutes when i ourt d four jurors were nere ummond and el ci elminey mined charles carpenter had heird of the else cise but hid not heard the particulars and had no opinion in the case gus bloomquist had read the publish ed ac accounts of the tragedy he had formed a fixed opinion he v atis is excused for actual bias G A had a decided opinion in the case and has nas excused for actual balance J U B of redmond had re read ad the particulars of the case but hid had |