Show THAT MULE CASE A FiftyDollar Verdict in Favor ofthe Plaintiff THE JURORS AND THE OATH Only Two Secured oat of the Twelve Summoned Yonnfj VB Branch ton Before the tfourt The case of Gillmor vs Sears wherein plaintiff claimed damages tithe ti-the tune of about 275 for injuries alleged al-leged to have been inflicted by a mule belonging to defendant on some blooded stock own d by plaintiff occupied occu-pied the time of judge and jury and vastly amused a large number of spectators spec-tators in the District Court up to nearly 3 oclock yesterday afternoon when the twelve good men and true rein d in charge of an officer A cloud of witnesses wit-nesses was in attendance and all wre closely examind by Colon 1 Kaigbr for the plaintiff and B B Orltchlow for the defendant The jurors were out about two honrs when they returnee and reported a verdict of 50 for the plaintiff MASUFACTUBING JURORS When the jury had retired the case of A N Young vs Joseph Brougbton was called and the following gentlemen who had been summoned on the latent open venire were called to the box to I complete the twelve S P Teasdel of his city John Titcorab Mill Creek Robert PiKe Mill Creek Chanes Halford Mill Creek Robert Wilson Mill Creek Mr Teasdel was excused because ol his knowledge of the case and left the court room where he had been since the opening of conrt Mr TItcomb came forward when his name was called with the appearance of being willing to subscribe to the oath After the blank had been filled in however he declined to swallow the dainty morsel for the reason that his conscience would not permit him so to do and he was excused on making that statement Mr Pike created no little consternation consterna-tion by saying in answer to queries put hi 11 that he was a naturalized citizen having obtained hiq papers in O den twelve or fifteen years ago As there was no United Slates court in Ogden at tout time Judge Hoge asked him whether it was the probate court in I which he had obtained hU papers He could not remember tbe name of the judge before whom he had appeared but had a faint idea that his name was Emerson He was surr however that he bad been na uralized but as he subsequently refused to tike tbe oath he was excused Mr Halford was not a citizen of the United States and therefore disqualified Mr Wilson didnt know whether he could take it or not and wanted part of it explained He was told that there was no difference between this and the one taken at the time he registered After considering the matter tor a few seconds the gentleman thought there was a differerce and one so great as to bar him from taking it without doing do-ing his conscience an injustice The following took the seats vacated by the gentlemen named above William Winder of Farmers Oliver Nowell of Farmers George R Jones Hot Springs Thomas Hancock Hot Springs Mr Winder came down from the box hot in band Replying to the queries advanced he said ne did not think he could take the oath although he had no intention of violating any of the provisions pro-visions contained in the law to which it referred MB HOOK How old are you MB WINDER Twentyniue QYou registered and voted at the last election AYes Q Voted for the Constitution didnt youAYes QHow was n you could take that oath and not this AWell there is quite a difference between them THE JUDGE There is no difference You swore to obey the law then why cant you do so now MB WIHDEB Well I can take the oath THE JUDGE Come forward and take it then Mr Jones did not care to bind himself him-self as to the future He had no intentions inten-tions of breaking the law now but could not say what he might do in the future it was too far away QDid you not take the oath when you voted AYes but this one is different QThere is no difference you made a promise as to the future then why cant you make it now If the oath is not in keeping with your conscience you should have thought of that before iron took it You say you cannot conscientiously con-scientiously take it 1 Then you are excused ex-cused i Mr Nowell could neither read nor write and he was saved the trouble of II refusing subscribe to the document read by the clerk Mr Winegar stepped down from the box and approached the clerks desk He said he could not take the oath QDidnt you take it when you voted ANo sir I did not register Excused W CxA Smoot of Sugar House and Willard Richards of the same place were then called to the empty seats and tois exhausted the twelve names eturned to the court in the morning Both these gentlemen saw no reason why they should not take the oath and hey did so This action made ten jurors in the box and as the other twelve were out wrestling with the mule case counsel for both sides agreed to proceed to trial with ten jurors Neither gentleman exercised ex-ercised peremptory challenges and the see was proceeded with It was still in I irogress whn court adjourned OTHEE BUSINESS I Neils Peterson vs W O Anderson I settled and dismissed A venire was ordered issued for twelve more jurors returnable on Monday nexr i |