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Show I COURT PROCEEDINGS. 'Third District Court, McKean, C. J. Presiding. YLRsI DAY. Monday, October o, 1S74. At 11 o'clock yesterday morning the October term of the Third District Court opened at the new court room in the Clift Hoiiie, his honor, Chief Justice McKean on the bench. The court room was crowded, the city attorneys, at-torneys, generally, being present, and the 'teats allotted to spectators were filled. This is the first term of the Third District Court under the Poland law, which accounts for the interest manifested by the bar and public. The opening ceremonies were of the ordinary character, deputy dep-uty United States Marshal Smith acting as court crier. The clerk then called the names of the gentlemen who had been drawn to serve as grand jure rs for the present term, as follows, all but K. B. Chisholm, answering: - G&AXD JURORS. 'John Chialett, Salt Lake county. I Benjamin B. Neil', do i John Alexander, do j William L. Perkins, do , Ichel Walters, do I A arren Hussey, do i N. S. Ransohofl, do , Leiws D Wilson, Weber county. I Christopner Deihl, Salt Lake county. ; Jesse Elliott, do ' Robe rt B. Cnisholm, do Euos A. Wall, do ; Oliver Durant, do iSamuol R. Bennion, do James Horrocks, Weber county. I hoinas E. Ricks, Cache county. Abraham Zundell, Box Elder county. Silas McGuire, Salt Lake county. : Francis Plait, do , Frederick Auerbach, do Chap. B. Trowbridge, do Hiram T, Spencer, do-William do-William R. Judd, fooele oounty. The above were then sworn upon rfli'r dir, when United States District Dis-trict Attorney Carey propounded to each severally, the following questions: ques-tions: "Are you a citizen of the United States? Native born or naturalized? (If the person were not a native born1 citizen he was required to state where and by what court he had been ad-' mil ted to citizenship.) Did you reside re-side in this district for six months preceding the drawing of the jury? Can you read and 'write the English language? Have you any conscientious conscien-tious convictions against finding an indictment for a crime where the punishment for conviction would be death? Do yuu believe any except a court of competent jurisdiction has the right to inflict such punishment? Have you any conscientious convictions convic-tions against finding an indictment for a violation of the law of Congress, passed 1862, against polygamy? Do you believo polygamy is a crime? Are you living in polygamy?" With the following exceptions the jurors gave plain and satisfactory answers an-swers to the above questions, none of them hesitating or equivocating. fr. Neff answered all pf the oues. lions satisfactorily except those In regard to polygamy. He said he could not conscientiously indict for polygamy, ashe did not believe it was a crime to practice it. The district dis-trict attorney challenged the gentleman, gentle-man, and Judge McKean asked Mr. Carey if it was proposed to present pre-sent for' the consideration of the grand jury, complaints against polygamy. poly-gamy. Mr. C. said such was his intention, whereupon his honor sustained sus-tained the challenge, excusing Mr, NefVfrom scrying on the jury. In answer to the question in regard to indicting for- a crime where the punishment, if tho accused were convicted, con-victed, would be death, Mr. Hussey said he was opposed to capital punishment pun-ishment in every form, but so long as the statute provided for such punishment punish-ment he believed in the law being enforced. Mr. H. also said he oid not consider that i itself the practice of polygamy was a crime, hut a law of Congress had made if one, and if (i case uame before him, as a grand juror, lie would act according to law. Mr. Wilson said he did not consider that polygamy was a crime and he would not feel justified in finding an indictment fo1- the practice. The District Attorney challenged this gentleman, gen-tleman, tho challenge being sustained by the court. Mr. Bennion did not believe polygamy poly-gamy was a crime, and he could not conscientiously indict for its practice. Challenged by Mr. Carey, and challenge chal-lenge sustained. Mr. Horrocks' views in regard to capital punishment were the same as Mr. Hussey's, yet he believed in the laws being enforced, and could conscientiously con-scientiously find an indictment for the violation of any law. Mr. Zundell was, when questioned, in that state of mind that he thought polygamy was a crime, and he could find an indictment against one who practiced it; but his views on the subject were liable to change. He was uncertain as to how ho would feel "tomorrow." The District Attorney At-torney challenged Mr. Zundell, when the court asked the gentleman: "Do you make that answer in order to "keep your seal in the jury ?" Mr. Z. "No, sir." The Court "Do you intend to enforce en-force the law against polygamy conscientiously con-scientiously and in good taith ?" Mr. Z. "Yes, sir." The Court "I don't like your qualifications, but will overrule the challenge and see how long it will be before voi; change your mind." , Mr. Judd considered that polygamy was a crime, and ho would have no conscientious scruples against finding an indictment for its practice; he was, however, a polygamist, but had . not violated the law of 1&I-2, having . married bis second wife in 1S57. Oue of the jurors not having appeared, ap-peared, and three of them having been challenged and excused as above, the court ordered that four more names be drawn from the box, which was done by the Marshal, the following being the names: William F. Jam, Bingham; Elward C. Chase, Stockton, Tooele county; Franklin Merrih, Salt Lake City; Aaron Ie Witt, Cache 'county. It being impossible to secure the last gentleman's presence by to-morrow, his name was laid aside and tht drawing from tiie loi was continued. There was the same difficulty with the nrxt two names which were taken fro m the box Horace Bliw, Ophir, 1 and Aroet L. Hall, Crantsville, Tooele; hence they were both pel , aside, and Samuel D. Sirrine, Salt Lake City, were drawn, and ordered to be summoned, together with the accepted gerXmen above. The jurors were then excused till 10 o'clock on Tuesday morning. The following canne np on ex parte motions, and was dirpoaed of as indicated: in-dicated: On motion of Mr. Til ford, of the examining committee, Mr. Jo&ph L. Rawlins was admitted to the bar. |