Deseret Evening News | 1900-02-21 | Page 1 | Three Jurors Are Excused by State

THREE JURORS ARE Ii EXCUSED BY STATE J f Defense Exercised but One Challenge in Benbrook Case This orn t 4 Shelton a Juror Will ill be No Session of Court So Many Jurors Obtained as Was has lias Now Used Eight r of Ifs lis Fifteen Challenges and the Defense Three Several of Those Disqualified by Reason of having Formed Looks as Though a Jury Could Not be Obtained Obtain cd Before the End of tile the of Examination Followed b by the Defense Varied aried Slightly Case Crise Will Probably Last Two Tso Weeks More The feature or of the session or of court In tile the Denbrook elite case was val the exercise of three peremptory challenges by the State and one by the upon tile Jurors who hat had been Tuesday afternoon used eight or of orthe the fifteen challenges allotted to the State and three of the challenges of the defense e eThis This left five fe juror sworn when the rouine work this morning commenced and the failure to select more tItan one ot of the fo five who ho wore Ware eligible will delay dolny the securing of twelve men longer lonser than was anticipated Besides It has hall been decided to not hold n a sell session Ion of oC court tomorrow birthday which Is a legal holiday The situation Is such that In nil all u it jury cannot Lo be oh ob tamed until Saturday and th the taking of to testimony 1111 may not commence until Monday morning The Tho attendance this morning was washl hl hardly rd I nil as large lUGe as on previous da days but a few ladies Were Toda were not or of special Interest The examination ot of jurors was conducted with the tho sante carl care as before and along the caine lines I Ins ns as on the preceding days Only an oc occasional I tilt between counselor counsel or the witt witty from some juror varying the monotony Benbrook was wal surrounded all as usual b by his hili wife v ani an brothers ab Benbrook was loft at haute bome to thy owing doubtless to his somewhat I yo vociferous demonstrations demonstration yesterday I Victor Morris Morrill was In attendance throughout the da and I Caw Cawon I Ion on sat 11 by hUn him rU n of the time Albert C r present for a agy abO gy bO i J JfE fE t EnE IHS When Whon on Tuesday night tire new jurors juror l had gone through the ordeal ot of 1 w searching b by the s for the prosecution and defense find and stood the test teet being qualified ed In every particular as shown b by theIr answers to tr try the case crue The They were W F hills lillis former count county jailor Reynolds Cahoon a lumber healer deLIer at Murray A II H an accountant In th Oregon Short Line claim do Joseph C Lyon Lon a clerk and Frank N Shelton it a farmer of this county It was generally believed that of at lea least t two would be accepted and ond Shelton and Cahoon Were to be booked to tl try the case A II Parsons was looked upon DB as very er likely to be ch chosen n while the opinion prevailed that air Ir hills would be challenged b by the prosecution and Mr Lyon Lon b by the defense The 1111 lat mt ter surmise wan correct as tar far as al It went vent but It go tar enough The challenge was with the tue and Judge lowers exercised his lIh third peremptory upon Joe Jos C Lyon Ion For the prosecution Mr Ir Putnam foX cx erel erl his sixth PeremptorY challenge upon Mr Ir hIlls We are certain with the rest said Judge Powers We challenge SIr Ir Cahoon said laId Mr Ir Putnam and there was II a stir ot of sun Bur price as the Murray man left Idt the box We are content with th jurors again said Mill Judge Powers Thereupon the prosecution exercised Its eighth peremptory by A All ll II Parsons This left only N Shelton ot of the five fIe and he Will wan accepted by both sides sworn and joined Jurors Jack un demand Gerrard Waiter Waltar Carlton Canton and Julius Cook CookA A NEW W CAL CALL The box Val vu then filled u up by br the following gentlemen n IL D B lck stead Hobert John Johh II Os Charles Charls II Jenkins Levi LeTI John n hi Thorn John 1 F Then examination wan as with b by Judge Powers who Wok took Mr Ir In hand That gentleman saId raid h he was wal tift fIfty cors vf of a age resided 1 nt at S SOuth uth Jordan and wu was a 0 fArmer lie Ill had bad heard or of this the ease cue read of it II and perhaps dl discussed cu s l tt it with hits wit wife but had not formed nn any fixed opinion regarding It lIe could enter upon the trial ot of the case with a ot of entire Impartiality Judge lowers Inquired l 11 particularly r la I with regard to articles that th the Jurors had bad read Did yoU oU rend read an article In the nil Trib urn asked the Judge Juge Ill In that furnished the evidence tried trIad the cane CAlle found the defendant guilty or of murder and passed sen sentencer tenee Mr Ir had not tenth this anti arU antiole ole cle and amI Judge lowera on to Robert Hobert Graham RALEIGh AGAIN After the preliminary questions which developed the fact that Mr fr Om Gnu was iS years or of age 1 a by birth married and ond a member of the tho Mormon Monnon Church Judge Powers learned that the Juror resided Rt at U 44 wet west Second North street In the Titled Thin Do you know Private Det Detective tIe George asked the tho judge Yes es I 1 know him Do you OU belong belon to the Raleigh faa fac faction lion tion In the tho Third or the other othart The Raleigh faction I guess guels Go to the o with ith O George the theother theother other night No 1 was vas too bus busy La our I was by the ell City Railroad company but am now working r for r the alt elt AC a laborer Under whom hom tu are you OU working for tor forthe the city J T Ul Raleigh elgh Brother ot of Private Raleigh tOO y The Tue examination th n pro proceeded Illon alone the usual laW lines linea the juror elating that he had not farmed an any opinion ns as asto to the guilt or or of the tho a aou ou d dI I Suppose asked JUdge Powers that li 18 bould turn out In the evidence that I tile the defendant is II an lous man a aI I gambler b by while the tho de deceased ct ceased was S a young man ot of high standing to a most ox fatally family your Our No air Ir Would you ou have hac any thought that chance had placed laced you OU on the jury as asan an Instrument of Gods vengeance to Inne avene the death ot of a 11 brother In re cc ligIon r 1 would not The juror stated that ho he believed mn ma were generally rIght Do you 00 think that the majority when h they HIo followed Christ and cried Cruelty Hint HIm HImAt At this questIon the attorneys for tor the tho State smiled and Judge Powers re nuked Am I sI of a 11 stronger stranger to you ou evidently a 11 stranger to you OU said salil Drown A SLIGhT En non When John n hr was Willi reached JUdge Powers called attention to the fact tut that the th name given on the jury jur slIp was One be lag spelled with a ti I and the other with a g The question was walt argued briefly and Judge lilies HIlt referred back to the origin iii l jur jury list and found that the name then was wal spelled the same lama way as al th juror spelled his name Ills honor thereupon held that Hlat wn th the person Intended defense Jook an exception t tO the thelIn ruling lIn hAD A STRONG O OPINION Mr Ir who I L n a farmer married and at East Mill III Creek had read about the theo sn ein all the three thre It papers allers discussed It perhaps m more re than Q a score core or of times From nil all ot of this hi he had formed an opinion n a strong one which would require evidence to re cc move moe lie He believed that this opinion would remaIn with hIm The gentleman Wan wall cha challenged and excused Charles H Jt Jenkins dealer In harness stated that he be was VI 39 years eard ot of artt a 0 natIve natle or of the city and resided at Second Kant But Belong nelon to any church Inquired Judge lowern I belong to the Mormon Church The rhe juror then stilted stated that ho he had known Burton C Morris anti and done buU buI ness nees with him lie knew the In fa father titer ther ot of the deceased Victor MorrIs his brother and other relatives lie had reed about the case discussed ed tt It but believed lie he could give a 11 faIr trial although he be concluded It would require the weight ot of omo thence deliCt to overcome ImpressIons I Ihlo have hlo Would the tact fact that the deceased bo be belonged longed to the seine religious organization tion as an yourself that lie he was It a friend nd ot of yours and that the defendant was n a gambler and not a ot of un any reo no IDus organization barb any ony weight with your OUr No Would you Ou let nn nay social or religious motives 0 affect treet you OU Il at all alla a I would not oot WAS DISQUALIFIED D Levi n a farmer at Sandy had reed rHA of th the esse talked abut It and ond formed and noo expressed an opinIOn 1 which h he still lUll held Lizis was u as to the guIlt or of the accused The gentleman ins liS excused John T Thorn a confectioner who ha has the refreshment privileges at ty park had not heard much regardIng the case lii III lio Afternoon Mr Thorn was wal passed for the present like the others and Mr Rogers took up the examination of John J F Edwards who stated that he was a native ot of Utah H 47 yearn or of age married nod xe te sided st at Sugar Suar House where he was en engaged In farming lIe was not at nt a member In full standing In Inan an any church Mr Edwards vas Val absent from the city cHy when hen the shooting os 00 and had not read much about the case lie He had not formed nn any ton Ion as to the guilt or Innocence or of the defendant To hr Ir Putnam this juror stated that he had no eon conscientious scruples against capita Punishment JenkIns Thorn Graham amt nd all made satisfactory nn an wern to the questions put b by Mr Ir Put lut lutin in rn Before fInall finally the five fIc jurors for tor u Ue Mr Ir Rogers examined Mr Ir further with rard It to w what at athi hi he had bach read sad the Importance he at to It lie Ill had formed an opinion that Mr Morris h hail been killed by Binbrook lie He would enter noon UDOn th triAl with lIh that opInion and Ind It would take evidence to remove It Mt Ir 1 was challenged ton ire plied bias blu 1 Mr reexamined the Juror who paid that lag the th opInIon he be held he could tr try the theale case ale basing his verdict upon this the law and nd the evidence at atthe atthe the trial Mr Ir no Rogers ers call called attention to the tact that the jurors opinion was U based upon a stenographic report ot of the tM tess Umon or of witnesses at the preliminary hearing The COurt however denied the ohl ohaI longs And un exception was noted rite jurors being passed u od for cause the defense excused on peremptory hal lenge leng Thorn Ga am ham barn anti and 1 Edwards Mr Jenkins was accepted b by both sides and sworn