Show OPEN VENIRE E IS ORDERED 1 IN THE t CASES CASE j HA VE E SEEN BEEN EXCUSED t Sheriff Ordered to Arrest Men Jen Who Vho Refuse to Give Their Names When Summoned as Jurors t r. r at t I i t JURORS ACCEPTED I IN ao t. t r THE CA CASE E. E r fr Y I I t Jurors selected and sworn to V. V rY V. V try Peter n for his life Y f. f r JOSEPH SMITH age 33 33 merchant mer- mer merr merI V. V i iY it Y t chant residence Granger V r ry V. V SA SAMUEL age age Y i it Y t 40 farmer residence T yI mille m- m f i f. f tille ville iK p. p H. H D. D SHURTLIFF ag age 61 61 a l t f. f farmer residence Mill fill Creek Creek I JA JAMES IES M. M BARLOW age ge 40 ao a r 5 salesman Clark Eldredge Co ao Vt r p residence Salt Lake 1 m mSTEPHEN V STEPHEN R. R LE ROY ROT age age 47 t II J f. f stationary engineer residence t t DO a Salt Lake b V. V HENRY TRIBE age 65 manu manu- V. V I. I f. f rs' rs agent residence Salt V. V f M Lake V. V Ys s MICHAEL l KOPP age 49 mant man- man mana a I Y t confectioner resl- resl ao r t dence deuce Salt Lake a v t WILLIAM A. A BILLS age 67 Y t farmer residence South Jordan Kt V. V t i JOHN T. T ALEXANDER age t r. r Y 41 residence Hunter b J Y CHARLES H. H INGHAM JR In y age 36 residence Salt r M Lake y II I l I Affer After summoning 90 Jurors and ex- ex aming who were vere accepted on their voir dire an open venire Is required to complete the jury that will try Peter for his life Ufe Such a record of examined without obtaining a jury has never nIVer before before before be- be U fore been approached In the State and seldom in the history of criminal trials Other Famous Cases r c r i In the famous Molineaux ca case cae e. e tried tried ai J t I it in I- New New- NewYork Y York rk City City tr 12 2 0 nt en were ere t. t a be e jut jU i BuD Bat in few trials In the West Vest has has has' it be been n necessary to order more than men into the box before obtaining twelve Jurors The open venire has been used very frequently in Utah but never before when nearly a thousand jurors ere Vere were ereon oft on the list at the commencement of or the trial Other Open Venires The Tha first open venire Issued In Utah I was in the case of ot the United States vs Rudger Clawson tried In 1884 Utah was av then a Territory and the question of the legality of this method of or obtaining obtaining ob ob- a Jury was raised In appeal to the Supreme court of ot the Territory The decision of the lower court was was was' then affirmed The case went to the Supreme court of the United States and the decision of or the State court was sustained When hen Utah was admitted as a State the provision for an open venire was made statutory Short Session of Court The session of court this morning was very brief lasting only thirty-five thirty minutes The names of ot only eight Jurors remained in the box and they were excused on the ground of Implied Implied implied Im- Im plied bias after very brief brIer examina examina- tion Clerk McKnight IcK announced that th the box was empty and Judge Morse said Mr Clerk you OU may enter an order directed to the Sheriff for the Issuance of an open venire containing the the- names of or fifty legel Jurors the venire to be returnable forthwith Pending the return of or orthe the Jurors J summoned a rec recess SS was taken until 2 Z o'clock The Sheriff has entire discretion as ag I to who shall be summoned under an h open yen venire Ire He lie ma may if he chooses bring In the first man he encounters in the street Arrest Is Ordered After court had adjourned Sheriff Sherin Cummings said to Judge Morse l Suppose a man should refuse to give me his name when I go o to summon summon sum sum- mon him what am I to do Arrest him at once and bring him before the court responded the Judge The attorneys hope that the two Jurors necessary necessary- w will ill be secured before adjournment tomorrow afternoon but after the experience of the past week they will not venture any predictions FRIEND OF ACCUSED UNDER EXAMINATION ENLIVENS THE TRIAL The examination of a a. Juror who ho i proved to be a close friend of Peter ter enlivened the tho proceeding proc edl or of orthe the trial yesterday afternoon and roused District Attorney Eichnor from his usual attitude of calmness to one ono of dramatic Intensity James Hemsley a 0 bachelor was the tha whom the District Attorney seemed to think wanted a a. place on the Jury because he was the defendants defendant's friend At one point tn In the exam examina examination nation na- na tion the attorney for the State practically practically call cally chal charged ed collusion between the Juror and Henry Boory An Objection Is Made attorneys Interposed a vigorous objection which the court sustained and the jury was Instructed to disregard anything In n the questions of the District Attorney which might be construed In the light of or a a. tate tate- ment It was noticeable that during the tho examination examination examination ex ex- of Mr Ir Hemsley b by the defence defence defence de de- fence he was not asked as to his acquaintance acquaintance ac ac- with 1 livery Every very other of or the customary Interrogations were put and answered to t the e satisfaction tion of the prisoners prisoner's attorneys The The Juror was passed for cause by the defence defence de de- de- de fence and Attorney Eichnor b began an Do you OU know the defendant Yes sli sll sir How long have ha you ou known him About three years ears Continued on Page IU 61 Open Venire Is Ordered from pa Page e 1 Continued h friendly with th You h have e be been v very rY him r Yes somewhat Takes Moi Part have taken his part And you you this discussion of haven't haven't you in the and crime with your neighbors neighbor friends Yes some HavE you worked with the defendant defend defend- ant t I I have worked for tor him on build build- Ings rigs Mor Mor- Have you talked with Henry Henri Henr about this case case I dont don't know Well know wel no no well I don dont don't t think so of Henry Heny You are a good friend friend are you not Yes I Could Render Just Jut Verdict Verdic From u the standpoint of th the Stat State State- feeling as you do being do-being being an intimate and his brother broth broth- friend frend of the defendant er er do you think that you are in a proper prop prop- er frame of mind to sit on this jury and render reder a just verdict verdict Yes sir You do do dd you Yes sir And An the fact that you YOI are a close friend fiend of the defendants defendant's would not in I any way influence your verdict No sir i r Pass the juror said sid the District Attorney Just one question said Mr Stew Stew- Q art et t. t You say my you have hare worked for forthe the defendant What kind of a man did you find the defendant to be Eichnor Calls Cals a HaltI Halt Hal HalI I object said Mr lIr Eichnor This is not the tl time to put the character of the defendant in evidence The Te objection was ws sustained and the States State's attorney warmed up and said Now if the court please I want to ask the juror a question He leaned over shook his finger at Mr and an said Now you look ov over over r there thee at Henry and tell me- me tell metell tell me without without without with with- tel metel out any shuffling when you last tast talked to Mm him hm about this case yu When I asked you that question before you looked over r ov-r at Henry and he was hanging d down wn his head hea Now be honest honest honest hon hon- est about it It-don't It I-don't I don't dont shuffle shuffle and and tell tel me when you talked to Henry about this case I I I. I I I I I General Follows Attorney Stewart was instantly on his feet fet with a a. strenuous objection to Mr Eichnor's statement For a few minutes objections and arguments flew fiew thick and fast fat Attorney Eichnor reiterate reiterated reit reit- crated erate his statement intimating plainly plain plain- ly that there was a secret understanding understand understand- ing log between the defendants defendant's brother and the juror Judge Morse ruled rule that that the question was not proper and Instructed in instructed instructed in- in the jury to disregard anything that might be construed as a statement state state- ment Mr Eichnor quickly disposed of th the juror b by using the States State's seventh peremptory challenge Fred W. W Little the juror whose Litte examination examination ex ex- x Was continued at opening of the afternoon session was wa finally finaly ex excused excused ex- ex upon his statement that should the defendants defendant's w wife ife fail fai to appear in incourt incourt court during the the trial he would be influenced by her apparent des desertion Other Jurors Jurors Excused Samuel Levey R. R R S S. Wells Wels Thoma Thomas ThomaR R. R Block and Orson S. S Rogers were quickly released on account of positive opinions concerning I the defendants defendant's gi guilt The examination of Walter C. C Brown Sr proceeded to some length when It was disclosed that he 1 Is the father of J. J D. D Brown the th officer who swore to the complaint against MorI Mor Mor- For this reason rason the challenge of the defence was sustained V W. A. A Needham Needham Oscar Groshell Groshel Adolph Hauerbach T. T F. F Howell Howel F. F L. L Beatle Beatie Beate c C C A Falco J J. J R. R R Smith W. W H. H Johnson W. W J. J Hall Hal Z H. H Jacobs W. W E. E Kinnersley J. J B B. B Caldwell Caldwel VP W. W P. P Jennings Thomas Thoma M. M Gillespie D. D R. R R Gill Gi Jr Henry Tan fer C. C W. W WaIters WaSters Walters WaS Wal J. J N N. Eslinger Robert Aveson O. O M. M lI r. r Johnson and Thomas McGhie were in s succession c ion e excused on op th the the ground of implied bias Peremptory Challenge Used Use Joseph J. J Williams a blacksmith of West WEst Jordan successfully passed the examination of both defence and State but Attorney Eichnor used his IUs peremptory challenge against him beI because because be be- cause be said that in weighing the defendants defendant's defendants defendant's defendants defendant's de de- de- de testimony he would not consider consider con con- sider aider his interest ati to n the case The examination of or James Jame Hemsley then occupied the remainder of the afternoon session When c curt court urt adjourned adjourned adjourned ad ad- there were only five names name left leftin leftin lef in the jury box |