| Show THE far ill application for change of venue denied IS fiot against alsis in kinli county A uni orous to prove this lion john A street of salt lake one of the of the third district jur was on the beech of the fourth district artt evening in place of bojt E A i leou who la still in cip bib through of appearing tn the bench mr A B edier attorney for harry hayi viila mada demand on behalf of his client lor change ahr ground of alleged pre JIG ice in 1 big county the de f nicu mr S R acting for county attorney gash objected to edtion 11 me of hoi in that i ouid ho improper ta proceed without him alt by hta lanar to ani the dij to court which in si i tw t w minute atas acordi nily done II 11 ii p ino court his appears aiji tiji ti ji 1 I rolv tha torture jail 1 e is t linn la pale and hazard ati 1 lia hair 19 cuore pray thau it was in P temper last when lie was orel arrested he bocas caora and altogether he locks quite dejected Hs 13 also arsa aril irn tAhle eullin at tidies and luo fi ids him altogether a most to deal 0 course declares hia innocence of the ciul camo with which he is and in and that he keeli the indig niev dorcy at tha present stage it by no means an absolute certainty that he will ba guilty of brutally muri lerin the three boys at po lean in F thronie th rowie their bodiak in the lake but it IK BJ anat much more against than aag as yet been to public will be divulge 1 at the trial ono thing seems certain holever ho vever to tho ordinary mind rd that 13 if harry bayesa hands are not bloodstained with abia monster camo he knos more about the affair than he is telling and an innocent man as closely connected with the dead boys as he is it would seem ought to do all in his power to bring the criminal or criminals to juatina jua tica when hayes entered the courtroom laaff ho appeared pale and san low recognizing am attorney R wan and woebegone amilo lit up his features for an inalA Qt and ibon bo bat down about him furtively with hia eyes only halt opened as if attempting to hide their aiom the piercing gazo of the few spectators that were in the courtroom counsel proceeded to read affidavits which set forth that the of the people in this county li l i BO intense thai it would be impossible for defendant to obtain a fair jury or a fair trial here of henry arrowsmith and alfo ida carter and A B elder allesio alle eio au improper state of feeling against hayea were also read counsel referred to affidavits gotten up by the prosecution and suggested that tho signers were actuated by selfish or interested motives when to the absence of any prejudice in the public mind against mr argued against the change of venue he maintained that no excitement whatever had existed that walking the streets for his arrest was proof that defendant was in no danger whatever mr thurman ridiculed mr edleda most severely mayine thoy etalea no facts only conclusions of the affia nta he scored mr edler also for gome about the streets oe seeking opinions and attempting to incense the public mind l haye and said if he would keep this course up ion enough he would disqualify every man in the city from as a juror by him to form and fin opinion aa to hayesl or innocence scored mr E her alaf to taking oath that he had spoken to twenty fiyo cr fifty persona oa the matter the majority of whom according to edlers oath had said the here is strong against bayca and bailine to eive the names of adv of these the flimsy plea that thoy had forbidden him to ube their that such uee would injure their business cited many authorities to prove that in order to procure a change of genuo it is necessary for the defense to bet up more cepec fic lacta and incidents in their affidavits than had been dono here and said that under the au tha is not the proper time to aak tor a change of denae thia application on the grounds here act up should he made after the trial has begun it it proves that abere is any grounds for the allegations by juror after jurca boing into tho box and being excused fo r having an unbiased opinion as to the built or innocence of the accused but mr ore dietel dieted that a jury to try this most important case would be obtained amazingly for he asserted there is no prejudice against the man in thia county and the beneral public bare not mado up their minds as to the guilt or innocence of hayes lb y caud not have done ao for the evidence for the prosecution hag not yet been given to the bublic the newspapers have publish ed account of the finding otibe bodies and of the evidence against bayee but ony in a way the main upon which tho prosecution rel ia known only to the officers and who have the case for the state ia charge there ia no prejudice there haa been no expression of opinion in support of mr thurman read auttin forth these facia by mayor liol brook reed benoot john 0 graham A V n john S rollo john A brodu thomas fowler and I 1 0 larsen of provo and bvm crier of spanish forfa mr edler to mr baying that he lad no auh him bis library babur ia salt lab but be thought the opinion of one of the common pe pla ought to haye weight aj a j it ia the common people who know the opinions of tho great mass of the public from whom jurors are drawn and worn of all people talk and know about these things he nad ta 0 of them A man ia ony allowed win utah mr thurman and a titter went tho rouila rou ila in which baysa joined though rather badly mr elder said be had asked that the case be tried in salt lake county any other county would suit all ha wanted waa a chance lor his client to obtain a fair and impartial rial judge street ruled that the affidavits did not set forth lacta sufficient to warrant ahe of the change of venue if they did they were more than abundantly counteracted and disproved by the affa affi lavita of the made by men acine of whom was personally and intimately acquainted with and knew them to ba men ot conscience and men of good judgment too who donld not take oath to the faeta set forth in affidavits unless they knew of their own knowledge that the facca really exist the motion was denied to which ruling the defense excepted and court adjourned and harry bayta was marched back to jail |
