Show ELEVEN JURORS SVJORN Witnesses Will be Called in Mills Case Today MILLS GREETED BY FRIENDS A Feature of tho Third Day of tho I Case in Court was the Way in I I I which Old Friends Gave Encouragement Encour-agement to the DefendantDr I I I I Pike to Testify for the Defense as Insanity Expert Deposition of MaJ Wood as toHillss Illness A Blooming Juror Eleven of the twelve men who wintry win-try CapU F J Mills for the killing of John C OMelveney have been secured and the Jury now consists oC William H Halgh Thomas J DonkJn H T Spencer Ilczeklah Mitchell Ell A Fol land Robert Harmon James Young Walter J Frazier David O Mackey A B Jenkins and William Calton the I last live named having been accepted by both sides yesterday It Is 1 expected ± that the taking of testimony will be 1 begun this forenoon Cawt Millsand Mrs OMelveney oc I I < jfllg W 1 l c2 t I h v 1 Juror i 1f 1 b t Vlf 0J 7 I A o > r cr AlyrtO J 5111119 U t dJ 1 theJurtl J I Jf A Nk i f 6 l I 4 tl 4 b I 1 4 b i tl 10 J I T II f I F red fvf jtKIn Xt t P e5idiflq C Ie r K t I it I BI hop OIcc f tiJ > 5tidHe Didnt Red pie Heralds Editorials f cuplcd about the same positions during F yesterday they had on Tuesday Mrs f OJMclveneys brother was not present but Capt MIllss brotherinlaw occupied I occu-pied a seat without the railing Cap L l Mills gave the Jury most of his attention atten-tion again yesterday while Mrs OMel veney allowed her eyes to rove about t more than on the preceding two days of tho trial but never looked at the curious crowd around behind Several times she fixed her gaze upon Capt Mills who sat within a few feet of her and scrutinized his features closely She did not glo the jury the concentrated attention she had devoted to It during the earlier hours of the examination I INTEREST OF ENGINEERS Ihe crowd In attendance was rather ilght 1 In the forenoon but the room was well filled soon after the court opened I for the afternoon session with about the sixmo types present who had attended at-tended tho previous days Among the spectators were noticed some young men who had been members of Capt 1 MIllss company In the volunteer engineers I engi-neers Thest men seemed to take the i greatest Interest In the proceedings Rev D Douglas Wallace who pre tented himself to the Interviewers as a substitute for Mrs Mills at the time of tho tragedy and Inwhose presence It Js alleged Mr Mills confessed was In attendance during a part of the aflcr noon Rev Mr Wallace appeared to I be deeply Interested In the examination and changed his scat once or twice to enable him to get a better view of the jurybox and those In front of IL LIGHT ON TILE DEFENSE j The line of questioning did not vary l much from that of the previous clay tff except that questions asked by Judge l E Powers Indicated that he proposed tot to-t put medical expertu on the stand to f testify as to Capt MIIIsu mental con i S dltlon at the LImo of the shooting The summoning Of Dr W R Pike the well knpwn Insanity expert by the defense swpporta this belief From other quea tlons put by Judge Powers during the day It was evident that the slcknesn which Capt Mills had endured for some months prior to the tragedy would be brought to the attention of the Jury and an effort made to show that disease dis-ease had temporarily Impaired his mind and also to produce evidence of the Captains previous good character FULENDS OF THE DEFENDANT I I One fact that Is becoming more apparent appa-rent each day Is I that the defendant has numerous friends who are willing to do all In their power to assist him After court adjourned yesterday afternoon after-noon CapU Mills held quite a levee prominent among those who iume forward for-ward to shako his hand and speak i words of encouragement being General Prafflc Manager S W Ecclwt of the Short Line State Engineer Row of Idaho who succeeded Capt Mills In that office Coy Stcunenb n ot Idaho telosriiphod yesterday that If his tee timony would bo of any value he would hold hlmewlf ready to come at n mo moots notice MuJ Wood J of the I mouical corjw of the army who was In tha city yesterdaymade a deposition in tho case knew Silt Mills In Hono lulu and had no words but thoa of praise to spv ik of the u mliuit After the greetings that passed b P twcon him und his friends when rourt adjourned yesterday afternoon Cupt Mills was Informed by Judge Powers that MoJ Voodn mnrni t 0 Captain You III 1 Ui > u K cUtt i p BUPPO t stJd Mi I h furl fU a smile Yes replied the Captain with I a faint suggestion of a smile about his 1 lips I am one of your clients you always I al-ways find In I When court opened yesterday mornIng 1 morn-Ing Ell A FoJIand clerk in the Health office was excused by consent of both sides to enable him to attend to the duties of the office until his presence I was necessary In Life courtroom Ho 1 was again excused for the afternoon session EXAMINATION OF JURORS The examination of the six men who I 1 had been placed In the box JUSt betoro adjournment Tuesday was proceeded I 1 I with Of these W S Fugate was found I to have conscientious scruples in regard i < re-gard to the Infliction of the death penalty pen-alty and wag excused Charles T I I Smart was peremptorily excused by the j defense Its eighth peremptory challenge of the fifteen allowed and the Statc I peremptorily excused William Uaw lings and R S Sleater employing In the process its lchth neremntorv chal I lenge also James Young who was I born in England twentyeight years I I I ago and who has lived In Salt Lake since he was 2 years old was accepted I by both sides and Walter J Frazier I the Salt Lake poslofllce clerk who had I lived In Rich county and did not know I i QulP Nebeker was also sworn In I There were two names left In the box and Fred C Bassett and David 0 Mackey were called Mr Bassett had a conscience which did not whOlly approve ap-prove of capital punishment and was excused David O Mackey who was 1 born In Salt Lake thirtyseven years ago and Is now a resident of Murray was found to be qualified to try the case and was accepted Thirtyseven names constituting the regular panel had now been exhausted and only nine Jurors secured special venire of fifteen names was Issued aiul made returnable at 2 oclock and the court adjourned for the forenoon MILLSS HONOLULU ILLNESS During the noon recess Official Re porter Pike Judge Powers and County I Attorney Putnam repaired to the Ken yon hotel where the deposition of MaJ M W Woods Burgeon In the regular army now en route from Honolulu to Jefferson barracks Mo was taken MaJ Woods was the surgeon In charge of tho military honpltal In Honolulu and knew Capt MIllss condition while the latter was conllned to the hospital there with an attack of typhoid fever The Major deposed as to fapt MIllns condition while In the hospital He had known Capt Mills prior to that time having made the acquaintance while stationed at Boise barracks Ida during dur-ing the time Capt Mills was a resident of that State The special venire contained the names of Brltnell L Jaques C II Banks George D Dean William Cal ton A 13 Jenkins Thomas Bishop George A Campbell A R Carter and Fred M Atkins of Salt Lake William E Parker of North Jordan William D Parker of Mill Creek James Richards Rich-ards of Blngham Ncphl Vawdrey of Draper Charles II Lushbrook of BJng ham and Hyrum Smith of Union Only seven of the fifteen men named had I been found when court opened for the afternoon The examination of the I seven was proceeded with The remaining re-maining eight will probably be In court this morning ONE UNMARRIED JURYMAN George D Dean A B Jenkins and Fred M Atkins were first placed In the box Mr Dean had conscientious scruples on the subject of capital pun ishment and was allowed to go Mr II Jenkins a harnessmakcr native of Salt i Lake 31 years old and single was accepted ac-cepted as the tenth Juror he being the only unmarried man on the Jury thus far Mr Atkins who was born In Brooklyn fortynine years ago has lived In Utah seventeen years and Is a I clerk In the presiding bishops ofllce In Salt Lake said he 111 not read the Herald editorial adverse to Mills in fact he never rend Herald editorials at all Mr Atkins was peremptorily J excused by the defense not however because of his attitude on the Herald editorials which speaks volumes for his discrimination This was the ninth peremptory challenge for the defense William Calton of Salt Lake 0111 borer 68 years old and aresident of Utah for thirtyeight year and Hy rum J Smith were placed In the box The venire called for Hyrum Smith but It WitS served on Jlyrum J and he came Mr Calton who seldom read Herald cdltorlals was accepted for the eleventh Juryman Mr Smith had a fixed opinion as to the guilt or Innocence Inno-cence of the accused and was chal lenged l by Mr Straup who was assist Ing r Judge Powers in the examination The challenge was not denied and Mr Smith was excused Mr Calton was then sworn and C H Banks called COFFINMAKERS OPINION i Mr Banks examined by Mr StntuP Mid he was a coilln and cnsketmaker 50S years old When In the course of his examination Mr Banks was asked 1C he had formed an opinion UI to the guilt or Innocence of tbe defendant and without giving the monowyllablc answer expected blurted out that he thought the defendant was guilty before be-fore Judge Norrell could stop him and I tell him that he wn not required to tell what his opinion was Mr Banks was promptly challenged and the challengo wits not denied THlfi 9TAll TALESMAN Th1 nnfy one left was Thorn Btahoj Mr D1I 1 i il IrI Hi rI1rr + i the day and he was the best number presented Mr Bishop like this world on which we live IB a spheroid slightly flattened at top and bottom He said ho was r gardner and brought u goodly portion of his garden with him I When Mr Van Cott naked Mr Bishop I If he were more than Jl years old the i latter thought the attorney was trying I to be funny and gave him a cold stare Vlif n the question was repeated Mr i Bishop said Why of course E i rim 4 I HiM cold aLan wiul again brought Into requisition when ho was asked if i he I could read and write the English lan guage Why Tni an American clti I sen iio said Of course I am When I asked If ho were connected with the I army he paid Im an American citl Zen this is my country now and was branching out Into a most patriotic I address when he was choked off by the attorney Clerk Little then essayed giving the oath to Mr Bishop Mr Bishop held up a hand somewhat smaller than fourteen pounds of boneless bone-less 1 bacon and about the same color At the conclusion of the form of the oath as read by Mr Little Mr Bishop waved a friendly adios to the clerk and executed an elaborate bow Judge Powers maliciously sloughed Mr Bishop on to Mr Straup NEVER HEARD OF THE CASE Straup was beginning to ask the juror If he had formed any opinion In the case when Mr Bishop cut In with Why I never heard of the case dont know anything about never seen the man before That will do ejacu iattd Mr Straup Mr Bishop said he read the papers once In a while and Cefl took a weekly himself but he had never heard of this case He was married mar-ried but was never on a murder Jury in fact he had never been on any Jury 1 before He had no conscientious scruples I scru-ples as to capital punishment and lived In the Nineteenth ward CHILDREN LOST BY MARRIAGE When asked if he had any children he said I 1 have had but theyre all married off lie had had twelve chll I dren Seven were In the cemetery and the rest were married off I Can you begin this trial with the presumption that the defendant Is innocent I in-nocent asked Mr Straup How do I know said Mr Bishop with an air of great annoyance I never s > > en the man before He said he had no feelings against tho prisoner and could easily believe him Innocent nf t everything us he did not know the difference When he was asked If ho had any prejudice against the old statute justifying a husband for killing In the boat of passion tho I defiler of his wife Mr Bishop vociferated vocife-rated No I CONTEMPT OF COURT t He asserted that he positively would not follow the Instructions of the court in Iegard to the law of the case and was promptly challenged by the defense de-fense With a look of relief Mr Putnam Put-nam said he did not deny the challenge chal-lenge Mr Bishop stepped out of the box and Judge Norrell said Mr Bishop Mr Bishop stopped und held up his hand ready to be sworn again Mr Bishop said Judge Norrell are you drinking No said Mr I i Bishop with an air of great astonishment oh no 1 may he doing you a wrong continued I con-tinued Judge Norrell but I thought you were drinking This court will I permit a good many things Mr Bishop but will not allow that You may he excused until Monday Mr Bishop but dont drink and dont come into this i court when you are drinking I Mr Bishop lost no time In making his escape I Court then L adjourned until 10 oclock I this morning I |