Show preliminaries for the trial began today TEN JURORS IN A venire of ten new ones from which to select the other two jurors issued promptly at 10 this morning the cise of the state 0 utah vs harry hafics accused of murder in the degree was called up in judge ale court there were preset it in the court room the jarv canel and perhaps a or more of witnesses and but no attorneys attorn eya and no oria oner at 1005 hon J W N principal attorney for the defense came into curt closely followed by mr charles demoisy DeMoi sv associate counsel for defense at 1010 prosecuting attorney gash aud and wod who are the case for the state came into the courtroom pre li mitar talks in undertones under tones were had by and between all of these legal eengle men and formal entries were ordered mada upon the records of thurman wedgwood as associate counsel for the prosecution and charles demoisy as associate counsel for the defense the deputy sheriff was sent out to the jail for the defendant hayea and a few moments that officer returned into the courtroom having with him the man harry hay who is ac of haying committed the horrible hatchery 0 three young men at colican point on utah lafee some time in tho month ot february nary 1893 hayes looked brighter and seemed iu belter spirits on his arrival in the court than bo has at any lime since hia arrest his clothes were brushed neat and clean his hair and beard had bit n trimmed and be wore a pair of gold rimmed spectacles and a comfortable pair of clippers his face had more color in it his eyes twinkled and occasionally hia were lit up with a smile alto ether he presented this morning a much more pleasing appearance pe arance than he has done at ay time since he came before the public in connection with alm bonura case it was expected that his wife would be present with him in court but she was not in the roohi nor baa she been seen in provo today the first formal action taken in the case after the arrival of hayea in court was iba calling of hiter ap to have him subscribe and attach his name to an affidavit which affidavit was thereupon read by mr it was to the deflect that beli avea be can not go to trial without 18 wit naming thim all of whom live and are now in eureka and that he is unable to pt y them their per diem and mileage for attending court an order that these witnesses be subpoenaed at the expense of the state wag made this motion waa strenuously objected to by attorney thurman was placed upon oath that he has no progeny pro peny all lands horses mules etc inquired about by mr thurman hayea said belonged to mrs haves tha motion was further objected to by mr thurman on ans af unnecessary expense to the county he woud agree that an order be made lor a fow witnesses to be for the at public expense but a older lor IS witnesses to be here the progress of the trial many ot whom would do nothing else th m draw their mileage and per diem tor several wag altogether too much to ask or graut mr answered mr thurman saving that the defense was acting in i eai ire cod faith in making this request the defense was eloping i thedarl BO to butting against a grand jarv indictment and not knowing what evid enuco had been given by any one of the 43 witnesses that had been examined by tho grand jury it was necessary for the defense to have witnesses to rebut any evidence that may be offered by the prosecution and these were all material the order was made by the court that the witnesses be subpoenaed at the expense 0 the people with the proviso that if more than four were called to testify to any one fact or thai if any are subpoenaed eviden cais im in iha case ane order shall be beet aside cs to them mr agreed to this flay ing that if adv anre than four were brought to testify to the same tact or any at all were brought whose testimony did not pr we to be material 10 the defence ho would pay the of those witnesses himself jurors were then called to aba box the twenty men on the banel ere ex mined and all but ten two for bias T B parker fork and heber Allred of feln roe balance were mowed down with the peremptory aba cba lenac the ten men sworn in are B F woodward joe E spanish fork J 8 parks A john son provo bench hanaan walker pleasant grove george finlayson Fiu layson D J montagne Monta ene paydon J D halladay 8 B gushing santa quin A venire fr 10 more was issued and court adjourned till tuesday at 10 a m when the venire is returnable |