| Show HARGES JUROR 1 IN MyrON MYTON CASE i. i WITH PREJUDICE I 1 AID HE WANTED A CHANCE AT 6 t DEFENDANT c Told Olsen He Would C Convict Con Con- nL I vict Him of First Degree De Dc- gree Murder TRIAL STILL GOES ON B Prosecution Finishes With Direct Evidence Mayor MayorI I Defense Witness The state closed its case in the trial of Maj H. H P. P My Myton ton charged with murder in the second degree for killing Roy J. J Horton Morton shortly I after the afternoon session was begun today The defense began its case at J once putting on a number of character character char char- acter witnesses These included Mayor W. W Mont Ferry E. E F. F Colborn Colborn Col Col- born B. B F. F Grant former chief of police Thomas Homer county clerk and Sheriff John S. S Corless Proceedings in the Myton My ton murder Pease case came to a melo melodramatic halt this morning when Attorney M. M M. M Warner War- War Iner tier ner counsel for the defense submitted sub sub- for the consideration of the court an affidavit to the effect that Joseph M. M Lloyd a member of the I jury trying My Myton ton declared before I the trial started that should he be selected as a juror he be would be glad Ito to convict My Myton ton of even first degree degree degree de- de gree murder and see him hanged This startling development was followed by a request on the part of Justin Tustin D. D Call Calli trial Judge that no mention of the affair be made in the newspapers Judge Call is from Logan Before the affidavit was submitted 1 the Jury was excused Axel L. L Olsen who vho made the affidavit was sworn o nd questioned by E. E O. O Leatherwood district attorney He reiterated the statement statement of the affidavit and said that thai T. T H. H Lloyd Lloy father of the Juror in qU question stion was present at the time J of the conversation Immediately a subpoena was Issued for the elder Lloyd He admitted upon I the witness stand that a conversation took place between his bis son and Olsen hut but he did not hear his flis son express a prejudice against Myton K Failure of corroboration of Olsen's story by the father of Lloyd resulted in determination n on the part of the court to proceed with the case at 2 o'clock this afternoon In the meantime the jurors have bave been ordered not nOt- notto to meet or converse with anyone upon anything whatsoever during the remainder of the trial The bailiff was ordered to keep them ser se- se r d as as' strictly as in a first degree murder trial permitting them to see I ti no n newspapers except those from which all reference to the My Myton ton murder murder murder mur- mur der case had been clipped I Following is a copy of the affidavit Axel L L. Olsen being first duly sworn on on his p path oath th says That on or 1 about the 3rd day of February 1916 at the corner of Seventh South and J Third West Vest streets Salt Lake Lalee City Utah in a a. conversation between affiant land and one Joseph M M. Lloyd with respect if to the case of the state of Utah against lowell ow ell P. P Myton charged with homicide homicide homi- homi cide the said Joseph M. M Lloyd among other things stated to this affiant that he knew the deceased Horton well that he was a jolly good fellow and 1 that if he Lloyd got on the Jury to try the said Howell P. P Myton l charged with said homicide he would not only convict him of murder in the second degree but he would convict him of murder in the first degree Olsen was given a grilling examination examination examination examina examina- tion tion by District Attorney Leatherwood but his story was unshaken He said I he had failed to speak of the matter before because he had forgotten about It until last night when he read In the newspapers that Lloyd was a member I of the My Myton ton jury He said that he noticed that M. M M t. D. D Warner Warnet was coun sel eel for the defendant and that this morning when he talked the matter over with a a. friend he was advised to notify Mr Warner He said he first talked to Mr Warner Varner over the telephone telephone tele tele- phone and later signed the affidavit Wh When n questioned as to why he hadnot had hadnot hadnot not told the court about the matter he I said that he hadn't thought of that I When the elder Lloyd was examined by Attorney Leatherwood he admitted that a conversation had bad taken place between his son and Olsen on or about the date mentioned In hi the affidavit He said however that he could not recollect his son making any suh statements as set forth in the affidavit Later Olsen was required by the court to write on paper the substance of the conversation which he alleges took place between himself and the younger Lloyd This he did Then the judge required the court reporter to read the questions and answers answers an- an an an- in connection with the examination examination examina examina- tion of Lloyd when he qualified to ser serve on the jury Those were found satisfactory to both counsel and court upon the showing made the court overruled d the tho objection and ordered the trial to proceed The defense took exception to the courts court's ruling and an adjournment was taken taleen until 2 J |
