Show I + WOULDNT CONVICT if I R S Campbell Wouldnt I Follow Fol-low Judges instructions JOHN C GRAHAM ON TRIAL Found t be Difficult to Get a Jury in Unlawful Cohabitation Cases Hany of the Jurors Examined Have Such Sympathy for that Class of Offenders that They Could Not be mpartiol Jurors Took all Day to Obtain Six Jurors Satisfactory to Both Sides More difficulty them was expected Is being met with In securing a Jury to try John C Graham on the charge of unhuvful cohabitation The case was called for trial In Fudge Norrclls court yesterday morning and the I whole day was occupied In the examination I exami-nation of Jurors the net result at 530 i oclock beIng that six Jurors two short o the requisite number were accepted and sworn to try the case The names of the six are Robert Dye Gentile John 31 Redmond Mormon netmond Amos Gotham no church Joseph E Ed munds Gentile M C Phillips I 11 Philps Gen tlle L l Harr no church WOULD NOT CONVICT IF PROVED The greatest difficulty encountered was that quite a number of the numJQr or tales men confessed that their sympathy defendants prosecuted for unlawful cohabitation laton would prevent them from being fair and Impartial Impurtnl Jurors and one Robert S < ont Campbell positively Rtutrd that he would not convict PosItvely IC the commission of tho crime of unlawfuL cohabitation were proved and If the i court Instructed hIm 1 ns to the Jaw against unlawful he would cohabitation he HaJd II disregard the lnstruction There was a air JnstrUetonH UttOfldii general public but aten crowdIng nnce oC the The wlnrssCs for the proccufO11 were John Nef JroHCCUton present GJahnm Amasa Potter James Poter Clove F M Dshop Judge J B Booth Cluine mr Fred C Graham GJham Mrs Fred Graham Mrs P ji Bishop < G Wnrth r 118ho Ells Til charge against the defendant nnt IM that ho eommltte1 the < ommllcd offcnge oC awtul ofcnse un cohabitation rohablaLon on JnnuUl I ISS and on divers other lays thers and continual 1 until May 12 lSH wIth Mary A Graham and Sarah Potter Graham POl < Count County Attorney Putnam and s Cott pIstanL County Attorney Ray Vnn COl prosecuted and rx enator Ar thcr fended Brown the md JUdge J W Burton do accused who Mat ttwecn acCu5ed his two advlicrS legal advigors V In nuently the course consulted of the and Proceedings advised I The names of the first IS Jlri eight I J rn mo allied to the ni cl1 Jury box are as follows Thomas H Bennett 3J F Evan John M Redmond Amos Gotham William 13rlcker rUlnm Brcker James Taylor RobL Dc Hobcf Charles M Lees WOULD MAKE A DIFFERENCE i Thomas I Bennett b Benncl examined by At torney Drown said ho wan manager of t Pabsts bar > ranhsr t PabLs ba nadn read nythlnff < about the abut case and had no opinion > abut It Irould you asked Mr Brown convJct maru fOi4se1liz l D HclIIrts unlawful whisky on cohabitation Sunday as readily us for Well I might look on the two of fcnses differently I believe T would wall the reply He was excused for cause on ehallongo of woo defense < H F Evans said ho was not a Mor mon Had read about the Graham caco and had n fixed and thoroughly Hottied opinion about It lie won ex cused by the defense for cause WQ MORMON WHO NEVER I BELIEVED IN POLYGAMY John 11 Redmond replying to Mr Brown said he belonged to the Mor mon church but never did believe In beleve polygamy never accepted that doc trine had no prejudice against punish lug men who lived with plural wives since the Issuance of the church manl fosto In fact he thought they ought to no punished and he would convict as readily for that aa for any other of fonsp knew nothing at all about the merits of tho Graham case Amos Gotham belonged to no church lainw nothing about the Graham cage and would convict as readily for un lawful cohabitation as for any other crime William Brlnkcr was a member of the Mormon church He said he was HO biased that he could not < fairly Judge the cift l lie formed his jucJc said on past cases and persecu lions pCNecu < loi of the loplcHe was excused by the pro ccutlon for cause BROTHEUIXLAW 1V EXCUSED James Taylor proved to be a brother inlaw of the defendant Taylors wife being a sister of Mrs Mary A Gra ham He was excuied on that ground Jcolwrt Diy gald lie wits a Gentile Had no prejudice and 11al IlrCJur1 knew i nothing about the case Hmrlps 1 Lees had a fixed opinion and nuldnt like to be tried If he were the fondant by a Jury In a similar frame ofj nlnd to what ho WI1 u tlmlar TWIN rxcuscd for causo Cxulcd on challenge of tiui defense caua clllcnge or the llrst eight put In the box John M 1 Redmond Robert Dye and Amo uotlwn were accepted and sworn as Juror Josiph E Edmund Jnme F rur nor rimrlei 0 King T W Arm Mrong and George II Home were called to the Jury box IMinunds said he Wn of Mornon Pun mage but had never professed that faith lie claimed himself as a nltnrlnn Ills occupation was that of a miner HI didnt believe In polygn in > Know nothing about the cns and p CWlf111f itai no prejudice cither way lit was EXClSED PEREMPTORILY JnrniH P Turner ot Kant Jordan was n lQnbr of the Mormon church and 7 b1 1 j > olygatny WH right bcfor the T IMl i of the manlfento wa < InYn wIth people who wen proM CJtf41 for living with lvlt they had bfiirv thf manifesto I n would how IT execute the law Hf wo chal lrfl1 for mUll by ihp prof cullon PIfuton 7i hUt thp ttturt overruled the challenge chalen b ftnl hI van excused peremptorily by 01 PrnpeutIon p tuny n King WAS ritcuned on I < hnlrnx of the prowcutlon for cause r UP aid he was no prejudiced uicalnut I F ITIM < utlng ca ei of thin kind that he fjuljnt art as an Impartial Juror He p sasl l JH bait good cause to have the ff linen that he hwl T W Afmatronp expollee officer va i xeued for cause on challenge of V Inr drf niw > < and George caua H Horn was xusIt also for cause by the protecu UOh p UOhE i J WIlls wan excused peremptorily i by the drnlc r Hirls Dloh had a strong opinion ana vas excused for cause on chal p InN nt the defense David Latlmer Gentile I railroad ifathman wa excused for cause on 1 jnalifnKf of the dens He laid he bati a strung opinion regarding the case and that It would take a powerful lot I of testimony to dislodge UU mind I M p Phillip wan aeceptetl and won I 1 Juror 1I Krl L UutterHeM IA rxou ed per c cttiMnniy by th 1 tf Uulien Oarrlr r tt PHI t 1 rn rnlon In rpgrl Ii thi i i Il > M 1 l n atronjf objcttipn to Una f M of J r prosecutions Hems excused for cause on challenge of the prosecution 1 uton Robert Bridge was excused for cause by the defense Ha had a fixed opin ion i about the case This exhausted the venire of Jurors and an additional venire was Issued on which George F Owen R S Camp bell Stephen Golding L F Ilarr and M o Kopp came In Campbell Gelding and Burr were put In the boxy for examination I 1 I ex-amination CAMPBELL WOULDNT CONVICT In reply to questions by Attorney Brown Campbell jtald ho had no opin I 10 ion I regarding the merits of the dane Head h He-ad known Graham socially for many enrl i Prosecuting Attorney Putnam asked 1 Mr Campbell If his friendship for Gra I ham woufd affect his verdict Tic said li 1 1 might < < snlt I I Do you believe In thc rightfulness of t polygamy asked Mr Putnam I f do replied Mr < Campbell but I I I I do not believe It Is lawful to practice Itt a It-t this time I Do you believe it is right for a man I I to t associate with and hold out to the I world more than one woman a his wife I in I the present state of the law J I j I decline I declnc to answer that question Mr Brown here Interposed an objec t tlon to the question but Judge Xorrell j t overruled It and instructed Mr Camp bell to answer The question wa repeated and I Campbell replied that he could not say I the court Instructed you that holIng out more than ont womun ns I his wife and If thu man had married those women before the Issuance of I tho manifesto In 1S90 constituted un 1 lawful l cohabitation would you be I guided thereby and If the fact of his I I doing BO was proved would you convict con-vict victNo No I would not convict In cases ot this t kind replied Campbell You would not then Incases Qt thIs court kind obey the Instructions of the > tor I would not Judfc Norm was about to excuser M excuse-r Campbell when Mr Brown objected ob-jected Judge Norrcll repeated thu last two questions to Mr Campbell and received re-ceived tho same answers Mr Campbell Camp-bell 1 was thereupon excused I COLDING SYMPATHETIC Stephen Goldlng said he knew the defendant de-fendant but hud no knowledge of the merits of this case He was brought up In tho Mormon faith but had not professed l it for years He however had such sympathy with defendants in cases of this kind hat It would affect his verdict and he felt he could not sit as an Impartial Juror He was ux used on challenge of the prosecution l L F Harr belonged to nd church knew nothing about this particular case and would treat an unlawful cohabitation < habitation case Just as he would any other Infraction of tho law I J witness wit-ness In the case were asked If she was the wife of the defendant and refused teen reusct to answer would that prejudices you against the defendant asked Mr Brown No It would not replied the Juror Would you treat this case Just the some a you would n case for selling whisky on Sunday queried Mr Brown Yen I would Mr Harr was accepted which made six of the eight needed and court adjourned ad-journed until this morning The dcfcnac exhausted Its three peremptory per-emptory challenges allowed by the law while the prosecution only exercised one and has still two In reserve |