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Show C0DRT PROCEEDINGS. Third District Court, McKean C J. Presiding. VOHTY-FOURTII DAY. Tuesday, X0T. 24, 1S74. Court convened at 10 o'clock, a. m Orlando Evans et l. r,. Daniel Dixon it al.; the jnry sworn on Monday Mon-day evening (o try the cause were called, when Mr. Morgan, counsel for the plaintiff, moved tliat the case be dismissed without prejudice. Mr. Hagan, defendants' counsel, consenting, consent-ing, the court granted the motion. Cora Conway a. JelcrCiinton Hal.; suit for damages for the alleged malicious mali-cious destruction ol property, said destruction having been performed on a writ of abatement as a nuisance issued by Justice Clinton, sitting as alderman; .Robertson & McBride, McCurdy fc Morgan for plaintiff z' bnow and Sutherland & Bates for de-' lendan ts. The jurors were called, and as the clerk was about to swear them on their t-oir dire, the defense interposed the following challenge to the array: Now come the defendants in this suit, by Z. Snow, their attorney, an I challenge the array of the petit jury' returned in this case for the following follow-ing reasons, viz: . First, the jury has not been selected, select-ed, drawn and summoned as provided by the law of the land, nnr rlnpa it an. pear that the jurors selected and returned re-turned to this honorable court were good and lawful citizens eligible to serve on juries in the territory of i Utah. Second, the jury has not been selected se-lected and summoned in equal num-1 num-1 bers from the counties of Box Elder, Cache, Davis, Tooele, Salt Lake and Weber, as directed by the order of the Hon. J. B. Mclvean, judge of this court, made and entered on the 6th day of August, 1872. Third, the jury has not been selected select-ed from the assessment rolls of lS7o and 1S74, nor from either of them of the counties of Box Elder, Cache, Davis, Tooele, Salt Lake and Weber, nor from any ol the assessment rolls aforesaid. Fourth, that on the 23d day of July, 187-i, Joseph F. Kounnau, then clerk of this court, and the Hon. Elias Smith, judge of probate of the county of Salt Lake, in this territory, met together at the court house in Salt Lako county aforesaid, for the purpose pur-pose of selecting two hundred persons per-sons from whom iurors were to' be drawn, and preparing a jury list as provided by the act of congress entitled en-titled an "Act in relation to the courts and judicial officers in the territory ter-ritory of Utah, approved June 2od, 1S74." And they the said Jos. F. Nounnan and Elias Smith then and there alternately selected a male cili-zen cili-zen of the United States who can read and write the English language, and, who for six months next prior to said 23d day of July, 1S74, had resided in the 3d judicial district of this territory, ter-ritory, until they had selected two hundred persons; and they the said Jos, F. Nounnan and,' the said Elias Smith then and there prepared a list of the persons io selected, showing the names and residences of them 'and each of them, and on the 2oth dayof July, 1874, filed said list duly certified, with the clerk of this court, which fully appears by aaid list now on file in the clerk's ofBce reference thereto being had without this: that the said two hundred persons 60 selected were over twenty-one years oi aga, oi reputed sound minds and discretion, who had not been convicted of a capital or infamous in-famous crime, nor who had continued to reside in said district during six months next preceding said 23d day of July, 1374, nor that they owned taxable property or paid tares in this territory, nor that they were not officers offi-cers of the United States army or persons subject to the military authority author-ity of the United States or without it, otherwise appearing that the persons so selected were eood and lawful men eligible to serve on juries in the territory terri-tory of Utah. And that, on the 24th day of July, 1874, the Hon. J. B. McKean, judge of this court, gave public notice that on the 14th day of September, 1874, at the court house in said Salt Lako county, there would be a court held in ' which there would be drawn in open court the names of twenty - three men to servo as grand jurors and the names of eighteen eight-een men to serve as petit jurors at the then next October term ot this court; and afterward on the 14th day of September, 1874, there was held an open court at the court house in said county, beiug tho time and place mentioned in said public notice, at which the said J. B. McKean, judge as aforesaid, presided, and the said Jos. F. Nouunan, clerk as aforesaid, wrote the names of each person on said jury list on separateslips of paper as nearly as possible of the same size and form and folded tho same, and the said clerk placed these slips of paper in a covered box and thoroughly thorough-ly mixed and mingled them. And afterwards A. K. Smith, deputy United States marshal, proceeded to fairly draw from said box the names of twenty-three persons to serve as grand jurors, and the names of eighteen eight-een persons to serve as petit jurors at the present term of this court. And thereupon the persons so drawn were summoneu upuu cimc, . due form of law and the jurors now in the jury box are a part of the persons per-sons selected, drawn and summoned as aforesaid. Therefore the said defendants pray this honorable court to quash the array. , A Z. Snow, attorney for dens. To the above challengo tho plaintiffs plain-tiffs demurred as follows: " Now comes the said plain till by her attorneys and files her demurrer to the challenge of the defendants to the array of the petit jury and for grounds assigns: t- i.,it Mm is no cnallense to the array of the petit jury allowed by law in a civil action in this ter- "ccond, the facts stated by the defendants constitute no sufficient reason in law for the challenge made. Wherefore the plaintiif prays that aid challenge bo overruled. Robertson & McBride and McCurdy Mc-Curdy & Morgan, plaintifl a ftttor- UtThe court sustained tho demurrer, overruling the challenge. Defendant "AlU'i the regular panel had been exhausted and the jury not tilled, Judge Sutherland, for the dcfense.in- terposctl an oojecuuu of names from the box to complete-the complete-the jury because there were not in the box all of the names that the law required re-quired should be there twenty-three had been drawn therefrom lor grand iurors, and eighteen had bcn drawn "for petit jurors for the present term: a number had been drawn lor various reasons, and forty-eight had been drawn to serve as petit jurors for be next term. He insisted that the number which could legaly hae been drawn for grand and petitjurora was respectively eighteen, and therefore there-fore not enough remained, hence the objection to filling up the panel fro-, those in the box. ithout argument the court over-1. over-1. ruled tne objection, defendant- excepting. ex-cepting. The marshal proceeded to draw ;-d-cliuonal names from the box, th.xe ol gentlemen residing out of the i-itv ueing laid aside. Finally the pail was ih,led alter a number had been l excluded on challenges, both for ! cause and peremptory. The defend-ants defend-ants took frequent exceptions to tb rulings of the court, o Pending the appearance of some )r of the jurors. Judge Sutherland made ,e application to enter new bail for tieo. 4 Cannon indicted tor polygamy r- for bis appearance at eourt'tor trial t- after the 4th of March, IbTo. Counsel represented that Mr. Cannon was . utiejMte to congress from this territory, terri-tory, and that the time for his de- parttire to Washington had arrived-d arrived-d and that his duties as delegate would d nnake it necepsary for him to be ab-e ab-e sent during the next term of court. District Attorney Carey opposed a the granting of Judge Sutherland's motion. In his opinion the bond ;. should be taken as any other bond . for the appearance of tii defendant at the next term of court, and then 3 if the court saw proper to postpone 3 the trial till the following term it was in its power to do so. The attorney : did i .it think it was among the , powenofthe court to take a bond I over a term of court. -' Judge Sutherland argued that there . was no doubt about the court having hav-ing the power to take such a bond. The court overruled Judge Suther- land's motion, s-iying he knew no . reason why Mr. Cannon should not be treated as any other man indicted i for crime; he saw no reason for mak-, mak-, ing an exception in his (Cannon's) case, and ordered that the defendant give bonds for his appearance at the December term of court. Court adjourned till Wednesday morning at 10 o'clock. |