Show SAID TO TOBE TOBE I IBE BE IN CONTEMPT OF COURT TO BE HALED BEfORE JUDGE Judge Lewis Lems Objects to Publication Publication Publication cation by This Paper of Con Confession Confession I in Murder Case and I at Once Halts Trial I I COUNSEL FOR DEFENSE ASKS CHANGE OF VENUE Court Orders District Attorney to Cite for Contempt Which He Will Do This Morning JURY NOT MOT OT YET SECURED I Ii i l I D n 1 who I Is at nt the lie th trial hi I of f I Thomas JUle of 01 Murdering or R Vessels n Snit Salt Lake Inke r er on SO E 11 read The TIa JI yesterday t r an nN he If deen 1 ever er morning In c common with almost almond every other h r I er n In to n Snit fake and ami amiT andT T 1 nh lie If na sew v there n a report of nt tile the 7 together with other oh r r n the h ease ft nr of 01 Interest lo to JI r renders nt Judge Lewis wl thereupon fh l the theal t nt al 1 7 morn ing declared d tI that Hint the of or the of I Harry Thome Thorne alleged all 1 partner In the th kII was n contempt n of court url and ordered d Attorney Kreil C r I K to in proceed p C f The JI for contempt of Or court oart Mr Ur Ir will to M M s till this morn James T 1 O Pardee cl for lUtey nt I once onee nuked asked that the one onne crt lie be h continued the th jury discharged nail nae of 01 venue renne granted Judge Lewis Led denied the mIJ hut hat mar i nt It Itt later t r If further developments seem em to It Ite e When then Wb J Lewis lAw halted halt the trial he h ease eaM waa was continued U ed from 1 until 2 i In to Inho t ho he tt afternoon In I order to allow Riley Rne r unset to tr t prepare are a motion MOU asking Ie for t r 1 further lurt f continuance coat ont Inace of the tM case es and a ac ae c ange of at owe This ml motto 01 was re rented f Si e nt and d l d by Judge Lewis who wM r f to the t the IM eoa f r lOll made mado by It Harry TIt Thais on OR the tho thoi C i 1 v after atter kits II arrest t as aa as il hi oC of 0 acid teem from the h Judge Jude Lwis directed I the u district lo to take situ props proper action loa la In the theatter flatter Blatter Ine ns with the t order 0 or r of the th nun rt Attorney AUM w A ill present an AM affidavit charging eh The TIlle T with contempt of ot This will be presented pre at I 1 t morning sad and The Ti aIlIn Jr will probably be bs cited elt to spear f fore Judge Lewis Lew to show how cruse tU u e wh why hv it not net be fr f r eon eert t In 1 as a matter tt Of f ne w S a t which leh n 11 will nr TInt 1 t be i f n In the U re ent n trial vf t f 1 II Th The n r f t r result milt It of l th h examination of t trey t t r lay wan wai w the llie of nI ne IH ro to fro wit eft In the tle th rase ras this the being I 1 a pIan aged J S1 It years yarn n nt t fi the t h Defense dferro ha hn ha e five fiver fh r p re ry sad aad the tho U state bas 1111 i c pt x rI d I only one 0 The n special I In f r summoned 4 yes erday frd will willI n I th T Tini pinion n of the attorneys atto not ot be bo r fr r the selection election of a jury II nd nil 0 In m alt probability another oter special pedal nire r Kf t n 0 names name n will be b drawn be benT ore nT tk UP end n 1 of ef f the week w k Auw contempt p was Barely rel averted yesterday r a afternoon when wh n after er tIM the lb roll of 01 the special I ve veil y il ire re had bad boa been called 1 U L t r F I Robinson Id the tile court urt and saving sating Ing he h had Continued tC d on OD rare laa Three I 6 x d sic d r C Cr r I c ct y I Ib b e i t h I 4 b 15 A L f 6 k ry M I F I I i 4 I T I I I I i 41 1 i i I 2 t w i ir g r t GEORGE GEOEGE W FASSELL For Tor Whose Who e Murder Thomas Riley Piley Is on Trial Before Judge Lewis Lewig I I I SAID TO BE IN CONTEMPT OF COURT Continued 11 From laage One OD read rd all alt about the case and had formed form an n opinion Raked asked to be excused Judge J L J w fa s told Robinson on to 1 w be seated nested and andt t rl rI d to continue his remarks remark but J n want wanted to talk at the tha same Urn M a that while he ha was wu talking he could Mt net t hoar hear the tile I l JM tractions that were re being by the tan tb court Judge Ut th n toW toM con to toome com ome f ami aad gg the thet t 1 bg began n an aR as an ast anto to t 1 his bla or Ol teak leek of or quail qualification M as a juror hirer Judge JagS Lewt LewS re rerat retea rat tea told Robinson to bo be b seated but tut ho be trot not Wp step t p talking until RUI UI Sh dif tt Smith Jr grabbed him It sad and plumped Mm hint down dowa In hi I It hie e peat t sitar after aft th U the pa maor n r of ot a master maier n handling Ig MI an bad bar t jr 7 From Service lies Ti He drank k y your ur honor hOllor was wan th the ther r tale by th tbs deputy ty sheriff after hw hi bad deposited Robins II la IR a at seat at t wm was lied to te the Ute bench attain ala and ad q as to whether he hei hd i boos boo Mr Ik lJ solemnly Iy stated that ft brie Jie had bad not a drop p that day d y and anti when whon he bowed further f In Cn to talk taik while the Ute court rt was wan eing him be he wn WIle war forcibly ly td d to a peat fet at by b th de t deputy j sheriff and finally excused from s A ae t jar arr r I 4 Imin HatHy after th opening of or 1 c eurt urt JU Judge IK l ak asked ked d the tb counsel for fr KM If ir he bad road UM the article i III in TO 11 s H r MK w i c a anC an b h that Mr Parde Panlee r read ad th article Nt he b e proceeded with fI 1 x s of or Jurors A re rei ress i ss I w inns n declared I until Mr Harden Pardee Panl T r 1 th article rUele agate and he Im I t to I t I IS moved for fOl a of eC the iho 1 h ra r and It n t a Chans of ot Judge IWI ranted granted the tho coati until firm ft rn n Ir order to allow 11 to preps r r h hp affidavit to 0 the tha motto matter matterI r I nt tl iy after tile the r amr n of nr tile the op portal I venire which had hiI been beon a for fer f 2 io lot fock k Mr fro l Pardee Pard mad his h tits p that hAt the th ea ca caN a be b continued t and I 1 trial b h 1 postponed and lid at th t the h jury jur be b and that the Ut court eor change dlane the tho venue Tonne Due of the two trial to Joule mr her 1 county the motion op t hl on n the t h ground OU that the tho defenda eat I mild n nr m r t have hare a fair and a Impartial trial m In n alt lake county Th of Thomas Tho Riley RII y the fn Iri prison r In support of or the motion was WILS liy an as II follows follow Thorn Thomas Riley Rile being first duly nw rn no nu II oath oah says that tt he IN INthe Ml Is the Iv l t In IR the b above entitled raw case that hat he lie moves OY to have this awe oes continued and a change ef of efT ofT T granted for the that he h that he II cannot t have he ve a fair sad Mid Impartial trial In thet the nty of Salt Lake of Utah heat ant antof the of that hat t at the tM t that the Oct In which widell he to le J alleged to te have hap rUe P tod to wit on er or ert about t K 36 1911 and several vert ta da lara thereafter the public jour nalo nab of AUt A It Lake rail full fulland and detailed accounts of the trag trae ly dy al and ad of the tb parties part I therein alleged AI to have bAve been the tINt parties parti who perpetrated the t h crime mm amid hi d journals such a full and detailed account t and aDd made mad such lIach strong t of the evidence Iel and alt all matters matter matt std persons raon charged with h inn ta Met thelt that public u 0 formed very ry strong Iv this tit defendant and eon R Rh h I was created tee in is 1 the tho public bite mind at that time timet lite Os oa asat t of 0 the tho t tr Un as nc In tile tho newspapers and aRd whisk nt and aRd p public HI Mt n nI I lea i n ao so high that the tile county nt having this tb defendant in Ina a wore w pe to re ve hiM bloH fro rom the tho county Jell JaIl to the thed the d tala tah tale state penitentiary to prevent Mm blot hi from I m being betag tie a victim letl of mob 0 V lleen Ileen JI en In Penitentiary 1 And A the tho defendant ha has remained realm d dIn in ho h penitentiary till Monday Ju Jura I 1 1111 I when his o ears o was wa omit cal a d for or trial On Monday June Juno Junet t 12 IS lIt the tho o of Ot the Jury Jarv Ju to 4 I r tho tM of Jury Jurymen men mt to sit att it IM hi I his bill al eMo it K it ap appeared ard ire Nun x S of twelve jar tn nn n n that all of oC thom them t had read r t t h articles about the tho ra a In I salt Lake Lako MOW newspapers M r rand and rat t a as Appear from the rec ree record ord td rI In m this thin case all n or nearly alt all allf fie f i t IId O 1 v Y had bad orated opta Ioa io I g th the 14 amilt or inno cf e ol of eo this d defendant and lid all alt were we more or 01 1 Ieee with the tho fasts fact PK so O stated ao so that after r rAn an entire tin day of oC such neb examination only one OMO was wan finally mast aad accepted ted as a juryman in Ute the miss en and aM It alao also appears In InI inthe the I examination of the t said MId venire moo mea that tt a large proportion of thorn them bed hod road read the article p M 44 41 In I the tM Salt It Lake lic t uAn aid ard upon which they had formed fo a and their I opinions and their prejudices After Arter such auch examination as atoro SAid sAld It appearing to the court that tho the already drawn and summoned would bo ho exhausted be before before before fore a jury of ot twelve men could qualify to try the tho case and the court by reason thereof ordered a avenire avenire venire of fifty men to be sum summoned summoned for the purposes of ot com corn completing Dieting a Jury While those men were being summoned and before they had appeared In court to re receive receive any instructions pertaining to reading articles article In public Jour Journals Journals nals or with listening to conversa conversations lions about the case or discussing it with other people an appeared In this mornings Herald Republican of date of June 14 U linG 1810 a Do copy of which paper is III here hore hereto hereto to attached marked exhibit A Amade Amade made a part of ot this affidavit and to which special reference is made mado to the article in said aid newspaper headed Hays flays Murder Case Called Caned for Trial etc otc In an which article it appears that a history of f the case was recounted and all aU of the state statements statement moMs ments and evidence that would be I 1 i used upon upon the part of the tho prosecution prosecution tion was waa published so that anyone anono reading said ald article In said Bald news newspaper newspaper newspaper paper could not but be prejudiced against the defendant and no one ono could help but be drawn towards the article by reason of tho the head headline headlines lines line thereof and aad especially tho the fifty new which had bad boon been summoned to appear In court courton on June 14 1 1910 10 at 2 p pm pm pm m And affiant further charges that the tho article aforesaid Is so written as ae to practically charge this defendant with the offense for he is le now being tried in incourt Incourt incourt court and written In ouch euch lan language language language guage that It Is II practically im for any person to read the theme same ame me without forming an unqualified unqualified fied fled opinion as to defendants guilt gunt as directly charged In said Mid Midi article affiant further says that i he has reason to believe and does doe believe bellee that the said publican has ball a large circulation and aM Is fl extensively read through throughout out ot Salt Lake county and that the article herein referred fand will to and made part hereof has haa a and will so mould public opinion as to render n a tall felt and Impartial trial m Salt Lake county affiant attl further furth r believes that by reason of the aen sen sentiment heretofore created and re rived and extended by the ar article be hereto attached attach Justice ju cannot be bo had In Salt Lake Lako county and af affiant Slant fiant believes believe that his Interest Interest and rights aV and ad d the demand demands of Justice require that this trial bo be heard hearda m ma n na a county where the l prejudice and sentiment created by the tho offense off charged and by the he claims of the i public officers in their efforts to detect the perpetrators of created the of fene and trio the created or by the tbt public press are not Lake ey are Lake pr prominent as alii they are In Salt county and that therefore justice and the rights of ot this defendant demand a change of o venue to some remote changet county t y in this state District Attorney Opposes Attorney Fred C G Loofbourow replied to the motion m saying that the application lea theor for or orm oraa a aa continuance of the had come too late inasmuch as th defendant and his hie counsel had appeared the previous pro day and said ald they were l ready for fer trial and and the workIng work ork of select selectIng Ing a Jury had already begun Judge Lewis decided that the application application cation for or a change of or venue would be he bethe denied but expressly he ly gave the a at attorney torney tor for Riley permission to o renew his motion for a continuance of the tha sane ease at a later time In case cae It developed devel developed developed that through the publication of a review of ot the case calle In The publican It was waa Impossible to procure a jury Judge Lewis said Mid l the best way t the effect o i given to find fin 1 ou out the effect of publicity glen given the ca ease e was wall to the work of filling the tha Jury The rhe article in this mornings Herald Republican In le a plain example of con contempt contempt contempt tempt and the court will Instruct the tile district dk attorney to bring proper pro proceedings proceedings m to the tile matter said Mid Judge I Lewis The statement made by Thorne Is net not competent In this trial and the publication of those thOle matters tends to tomake tomake tomake make the selection of a Jury Impossible Impo im The officers of the law w who give give such Buch to the papers are to te be censured cen uel In la many Instances and I have haye my doubts If It they are not In contempt of court rt In allowing their publication It the tile attorney for the defense should do doa anything a like that he le would be laughed out oat of the profession The publication of ef suck did more to aid Driskell In hta hili recent trial than any aa other Influence and pomade necessary ry a delay of five months menthe In la that case Contempt of Court Curt Later Judge Lewis Lev to said during a re ra recess cess cao of ot the court that he be regarded tho the publication of the confession uro of Thorne efAt as all In contempt Pt of off court because It spread before the Jurors juro and the spec special pe cial dal venire matter that was wall not admissible sible elble a at as evidence Inasmuch as a the fifty men summoned the night nl ht before had hadnot hadnot hadnet not net been Instructed to refrain from reading about the case C t or discussing It The confession of Harry Thorne re referred referred referred to by Judge Lewis Ul yesterday and which he said Mid was wall in contempt of court because It spread before the Jury mat matter matter matter ter which was as not admissible at the tile trial was wall made to the chief of polio police and other witnesses at the city Jail and after Thorne Thome had signed the document Riley wax was brought In the room After Arter reading the confession Riley asked Thorne If he had hud made the eo n Ion and on receiving an affirmative answer Riley said Well ell that goo goes go then or words to that effect |