Show MURDER TRIAL OPENS IN OGDEN OGDEN Walter OGDEN Walter Robert Avery 32 accused killer of Detective Hoyt L. L Gates of Ogden city police department de de- de- de Tuesday went on trial for or his lif life before Judge Lewis V. V Trueman of Second district court Apparently unconcerned through most of the morning session devoted devoted devoted de de- de- de voted to establishing statutory qualifications of prospective jurors Avery conferred frequently with his lis attorney Richard J. J Lathrop at times showing evident enjoyment enjoyment enjoyment enjoy enjoy- ment at some of the answers of members of the jury panel At the noon recess 32 prospective prospective tive jurors had been passed by the state and defense for lor statutory qualifications and examination of them by the court and John A. A Hendricks district attorney Mr Lathrop court-appointed court def defense nse counsel had just begun questioning question question- ing them Wants No Sympathy Just before the noon recess when one member of the panel had expressed expressed expressed ex ex- ex- ex pressed himself as definitely opposed opposed opposed op op- op- op posed to leniency for the defendant defendant defendant defend defend- ant Avery turned to his attorney half smiling half serious and said in a voice scarcely audible Tell them that the defense does not want any sympathy Mr Lathrop Lathrop Lathrop La La- only smiled slightly in re re- re turn Out of 40 prospective jurors called to be present at opening of court at 10 a. a m. m only 28 remained unexcused for illness partial deafness deafness deafness deaf deaf- ness or prejudice by 1020 Judge Trueman immediately rece receded recessed re re- re- re ce ceded sed the court until 11 a. a m. m and ordered Sheriff John R. R Watson to summon at least 15 others as soon as possible Avery Cheerful Three persons summoned ned by the sheriff had appeared in the courtroom courtroom courtroom court court- room when the case was resumed and oth others rs trickled in as it pro pro- gressed greased As the court recessed for noon at 1150 a. a m. m the required number of 32 persons being examined examined exam exam- ined med was shot short by one and still others were to be summoned for forthe forthe forthe the 2 p. p m. m session Avery again appeared in court clean shaven and evidently in good spirits dressed in the gray suit he wore at the time of his arrest in Safeway store at Twenty- Twenty fourth street after the fatal shootIng shootIng shooting shoot shoot- ing of Detective Gates the night of February 11 Whereabouts of his wife who was released by officers after being being being be be- ing questioned in Ogden city jail for several days was unknown to the prisoner Tuesday and he expressed expressed ex ex- pressed concern over not having heard from her since Friday when she had telephoned Mr Lathrop from Salt Lake City A ripple of laughter sounded throughout the courtroom when one person called for jury service asked the court to be excused because because be cause I have a weak wak heart and I Judge Trueman answered with a twinkle in his eye I believe we all have weak weak- hearts Quizzes Prospects The court after alter all the members members members mem mem- bers of the jury panel had been sworn by Albern M. M Allen court clerk asked each of them about their citizenship in the United States and the state of Utah and andas as to whether th they y had discussed the case with anyone or formed an opinion One person was excused from service on the jury because he was opposed to capital punishment Five others were excused because they declared they had definitely formed opinions opinio s or were prejudiced |