Show THE TRIAL OF BERRY Charged With Attempted Rape Not Positively Identified Tn District court yesterday the entire time was occupied the trial of the case of tho Stato of Utah vs Frank Berry the defendant bonier charged with attempted rape Without much trouble a Jury wns cccurcd the following Kentlemcii being selected A Y Rosy V G Child D CLaw C-Law 12 S Crocker Wallace loulgcr Thomas Clumpncys David M rfrnlth and Richard Nolll The prosecution examined first UIO complaining com-plaining witness Miss Bcpslo M Smith who rehearsed the story of tho assault upon her toward the latter part of January Janu-ary of this ymr Tile other wltneMOC examined were Ethel Smith Robert Shaw J P Ponder G A Craig Mrs G A Craig W M Boslaph Mr W M Boaiqph C C Brown Joseph Hughes and Gail Norton The testimony was time same as was given at the preliminary hearing the evidence evi-dence showing that some man unknown to the prosecuting witness had assaulted her at about 015 In the evening and hail made an Indecent proposal to her that tho man had a cloth over his face which the girl In her struggle pulled off that the Kick which was found at Limo scene I of the assAult smelled of paint or oil that the defendant Is a glazier employed by the Ogdon Paint Oil and Glass om I pan that the defendant rode up nearly Ito I-to tilt scene of the ap iauU on the samo ear with MN Smith and that the defendant I de-fendant acted quecrly when taken to Miss m Smiths homo the next day Mlw Smith however again failed to i positively Identify tho defendant tIM the I nasa who hnd assaulted her Whn court adjourned time prosecution had not natality Its On so |