| Show IILLS iOVEil 10 TEAR I Deeply Affected by Questions of His Counsel I i ONLY SIX JURORS SECURED I The Examination of Talesmen Yesterday I Yes-terday Resulted in the Addition of But Pour to the List of Men to Try tho Case Tho Spectators Find Varied Entertainment During the I Progress of the Incidents In-cidents and Features of tho Proceedings Pro-ceedings The examination of jurors to try dipt Mills for Ihe killing of J C OMelveney again occupied the entire day In Jjulgc NorrelPs court and when an adjournment for the day was taken four new men had been selected making mak-ing six in all of lha twelve to be secured se-cured The jurors accepted yesterday are II S Spencer Hezekiah Mitchell Ell A Folland and Robert Harmon who with William H iJaigli and Thomas Thom-as L Donkln who were chosen on Monday Mon-day comprise the Jury to date The State yeslerday made six peremptory challenges making six In all for the State and the defense made four making mak-ing seven In all out of the fifteen for the defense v THE SIX ARE MARRIED All the jurors so far accepted are married men Aside from the regular questions as to opinions and prejudices Judge Powers asked each witness a series of questions such as Are you married How many children have you How old Is the youngest Do you believe In the sacredness of lie marriage relation Do you believe In the virtue of women and that It should be protected Do you believe in a statute which has been In existence In Utah for nearly half a century and which provides that if a husband In a sudden heat of passion kills a man who has defiled his wife his action Is justifiable Jus-tifiable Could you give a defense interposed under this law as much weight as a defense based on selfde fcnse Judge Powers also examined the jurors Jur-ors In regard lo heir opinions In cases where crime Is committed during Insanity In-sanity his questioning bearing out the theory that he Intended to put lip the defense of temporary Insanity or to endeavor en-deavor to prove that OMelveney had been guilty of Illicit Intimacy with the wife of the defendant and that the shooting was therefore Justifiable tinder tin-der the statute he brought to the attention at-tention of each Juror The prosecution hInted at Its probable prob-able course by asking the Jurors If they believed that a man were ever Justified In killing another for revenge and If they would allow themselves to be influenced In-fluenced by sympathy for the family of the defendant or for himself because he had been a soldier THE DEEPLY INTERESTED ONES Japt Mills Mrs OMelveney and her brother were again present Capu Mllln and Mrs OMelveney again sat on opposite op-posite sides of the same table while Mrs OMelveneys brother sat Just behind be-hind her Neither the defendant north nor-th wife of the deceased favored the curious crowd with a glance Capt Mills spoke only lo Judge Powers and during the rest of the time sat quietly directing his glances at the Judge the jury box his attorney or allowing his eyes to rest on the floor The jurymen however bad the best chance to observe ob-serve the expression of the fine dark eyes Unit ornamented the Captains thoughtful face Mrs OMelveney likewise like-wise gave the Jury most of her attention atten-tion although she occasionally ad dressed a word to her brother or replied re-plied to a question by one of tIme prosecuting prose-cuting attorneys THRONG IN ATTENDANCE The courtroom was well filled with a crowd of the curious and Interested A noticeable feature of the audience was the absence of women One old lady came In during the nllernoon and snt down well to the from but she only remained re-mained a short time The crowd was varied old grayheaded men being seen sitting next lo schoolboys chewing gum Laborers farmers college slu dents business men professional men regular court spectators and others be lag mixed indiscriminately They divided their attention among the Jury the defendant the widow of the deceased the Judge and the lawyers law-yers some of the spectators sitting always al-ways with severely craned necks and fixed eyes to miss no feature of the proceedings pro-ceedings and others occasionally lookIng look-Ing out of the windows or about the room when things dragged a little A laugh In in evidence sometimes even when a man Is on trial for his life and several times yesterday a little ripple of mirth passed through the crowd vt some witticism of one of the cxuinln Ing attorneys or an unexpected reply from a Juror EXAMINATION OF TALESMEN John D Beasley Herbert J Shimming Shim-ming J T Raleigh and S II Conely were peremptorily excused by the State at the meriting session Byron D Blackmarr and Harry Finch were excused ex-cused for cause both having fixed opium lonn regarding the guilt or Innorence oC i i the Accused Alfred Clough and Henr P Richards were excused peremptorily by the defense and as a result of tne mornings work PI S Spencer was accepted ac-cepted by I both sides and sworn to sit upon the case Mr Spencer was not In the bo < during the afternoon He lives nt Pleasant Green nnd came In with a team fiiitl wagon and by consent of both alden be was excused until this morning to permit him to take his team home After Mr Spencers selection the box wan filled with the following nine tales nir Lovl M Rutl Jamra Whylock IiCJsolKih Mitchell EH A Folland John U tiusby Vllllnm M Rash Alex A Campbell Albert M4 llosell and Robert Rob-ert Harmon DEFILEMENT AND DEFENSE Mr Piisby In reply lo n question by Judge Power md he was not inclined to give as much weight to the defense of Mhoollng n man for defilement of an otheru wife as for shootIng in celfde ferpe il Ihe statute were appliedto himself him-self Judge Powers replied that Mr Busby WHS not on trial anti anked him 1C he could give that statute equal weight with shooting In selfdefense 1C the case were that of another man Mr Busby replied that he could Mr Kosell said he did not remember I reading a Herald editorial un tIre motives mo-tives of the crime If he did read It It I had suffered the fate of Herald cdl I lorlals and passed from mind A RASH ADMISSION Mr Hash admlllcd lint he came from Missouri Did you know Letchcr when he was In Missouri asked Judge Powers Pow-ers Yes I did Mr Klish replied I Mr Rash was excused IScsld = s the1 dls I qualification mentioned he had a fixed opinion In the case I Mr Campbell told Mr Putnam that I he was a friend of Judge Powers al I though ho had never had business re i latlons with him We live In the same I l ward that Is bow It SV Judge Powers Pow-ers explained I Mr Putnam challenged Mr Folland I for faying that he would require more i proof in a ease like the one under con c Orewln new names S for the Jury S 7 t 1 JhbrtberoF N > 1 JohiCflfleIYeflej ii 1 I i Po32ctWeror sideration than In any other Judge Powers denied the challenge and by questioning got Mr Folland to state that be merely meant that he would require he Stale lo prove beyond a reasonable doubt that the defendant was guilty before he would vote for his conviction This was sallsfaclory to Mr Putnam OPPOSED TO DEATH PENALTY Mr Whytock Was challenged and excused ex-cused for Jiaving conscientious scruples I In cases where the punishment might mean death The defense peremptorily excused Messrs Ruth and Busby the prosecution did likewise with Messrs Campbell and Rosell and Messrs Harmon Har-mon Mitchell and Folland were sworn to try the case < The following six lalesrncn were then j I placed In the box Waiter J Frazier R S Bloater James Young William Rawllngs Charles T Smart and W S Fugate Mr FrazIer told Judge Powers that he came from Rich county but knew Qull Nebcker by sight and reputation only This Deemed rather strange to Judge Powers but he did not urge It asa as-a disqualification MILLS DEEPLY MOVED During Judge Powerss examination of Mr Rawllngs Capt Mills became much affected although few noticed It Mr Rawllngs Judge Powers wild if it should be shown here that a man had been the friend of another man for over thirteen years and that while the first man was absent In the army of his country that friend despoiled the wife of the absent man and when the man returned he learned of this and In the heat of passion killed his false friend would you not regard that fully as justifiable jus-tifiable ns a killing In selfdefense As Judge Powers spoke Capt MJllss eyes grew moist and when his attorney paused for tbe reply the Captain drew his handkerchief and furtively wiped his eyes while his pale Intellectual face wore an expression thai might havo been one of pain or regret or of faith betrayed DIDNT SEE DISTINCTION Mr Smart misunderstood the dtellnc tlon to be drawn between a civil and a criminal ease In rendering a verdict un < l said he would render a verdict of gullj In case there was a shadow of preponderance prepon-derance ofj evidence that way Judge Powers repeated the question and Mr Smart made the same reply faying he would not hesitate a moment Then you would try I this as If It were a horse trade1 Judge Powers asked and Interposed In-terposed a prompt challenge Mr Putnam Put-nam In denying the challenge said that the court In Instructing the jurors could make the distinction clear to them Lifes loo short to open a law school here to Instruct a jury said Judge Powers In objecting to the Juror Judge Norrcll explained the distinction to Mr Stuart and denied the challenge Judge Powers noting an exception The court l hen adjourned until tins morning at 930 the Jury being released re-leased until 10 oclock |
