Show ANN OTH da nally DAILY MY a PCT 6 r thorand lp crand jury C I 1 at N the third judicial district court room in the was well filled this morning at 11 I 1 adock the business before the court ming wing being ahe wilb empanelling panelling em of bf the grind ury chos names seere ere drawn ama alty and printed edthe nets news af that date rhe nho nhe following to the be call of 06 wd the 06 cle ole clerk A of bf ithe court benjamin neff john alexander W JL perkins ns ichel Watter watters sr warren warran Z hussey ruggey bouis BAVIl brilson BW ilson soni NS N Rin christopher diehl blehl jesse enos A AT vali vail Vall oliver durrant Dur hint Fint samuel brames horrocks thomas ei ricks abraham zundell silas BreG mcguire mcgaire nig francis platt frederick Auerba auerbach cb charles B trowbridge hiram T spencer and william B R judd the pre eed bed ceding list cobit contained affied all the names brawn except robert bobert B Chisho chisholm Jm the eleventh on oll the list who was not present iu hi count court t the grand gnand jury were were then sword sworn on their poff voir dire when Mr carey the US U 8 prosecuting attorney examined each one oud separately the following questions being put tp ahl the 6 own eror the fi first name oil on the list mr chislett Q mr chislett you are a citizen of the united belt Suit states cill al A yes sir Q 0 naturalized or or native iia ila tive I 1 f A 41 naturalized s Q where were you natural glied A in lir this city y tl T ats l Q pin hin what court A judge wilsons Wil sons court af 9 1 l did did yu beside six kix onles in ta this ii 5 judicial JV dIcia dlela I 1 district previous a to tl juny Jury I 1 oh bh the he day of september i 4 ayes aa ayos yes I 1 sir gif 11 Q hato hayn ha havn have yo ecru p fi s a against finding indictments me ants in cases case scheie where the penal lV would be capital A 0 no o sir bir Q W ith regard to th the e punishment of death do you believe here is any authority to inflict thib thab penally penalty or pu punishment nish ment outside or of competent AL A no sir bir Q have you any non ron conscientious selent OUS against 1 menta under the law 10 1 Gon Eress t A ono one none oue whatever sir sin Q you are not living in polygamy A wo no sir mr Chislet accepted d hl The preceding formula with scarcely a variation ivari learl atlon allon was put tp each of the twenty two j aurori sloin sworn and all who answered FO to the the i first person perso hex examined were accey accepted ed in examining mr Nef rheama rheaba answered all questions satisha satisfactorily until the following 4 Q you believe polygamy to be bd a crime do you sir esir r A 1 I about that mr nir C well I 1 wish you would 4 make n 1 ake up your tout mind about that the la law w of congressmen congress mes makes it a crime I 1 want mant tf tot know whether you xou ou consider it a crime or noll not A tc 1 I do not know that wat I 1 do I 1 MB cabey CAREY cel cei chal chai challenge lenge him and interpose the challen challenge geno now w n j COURT to lir mr sir C i Is cis it your intention to present pres eilt elit to this grand ejury jury against persons for of biga bigamy myor or polygamy MB C ill 1 think it if is ii probable COURT you intond intend that that shall be done h MK bie 0 yes sir sin I 1 COURT YOU now challenge mr do you r mr C 1 I challenge hlo hio COURT hir bir mr air neff the thid court T understood you to tos did not know that you believed t gamy is a crime did tho iho court correctly understand you maneff mr NEFF tes yes fi shir hiir ir COURT you are not satisfied zt then that it is a crime mr arl NEFF no sir air THE COURT the pub public ile ilc prosecutor challenges you for cause that cause being the answer y you ou ma made de the court sustains the challenge c ing mr isif neff j ysuaro excused f from om th the grand jury t during the examination of mr warren warrell nutsey bussey hutsby he his opposition to capital punishment ou on general genera principles rici ples pies but said that if the law of the land inflicted that hat bat penalty hor wor ator murder his scruples would net not prevent khim thim him from finding an indictment so with regard regard tavoi to polygamy he did wo elleve it was a crime but if the law made it q and andl persons were prayed 40 to bo b j livia li frn ign n violation of law ve liea as a good citizen would sustain s n the law and indict but cons cobs leht feht fouly bouly ao ae did uok not believe belleve pol polygamy agam was fas ras a crine crippe mr nin hussey husse wa accepted mr 83 sn 83 S B was df f the iho united rs states haf es ded n the required time could read and w write rit e the english language had no edli edis conscientious delbri scruples a about out finding an h a indictment in cases W where ere the punishment might t be death and NU did dla not believe that any sut dut a court of competent jurisdiction had had bad the x I ight kight to inflict buch such punish nish dish ments 1 so far arall arail all ali seemed ee emed satisfactory but bat the aspect of aff lairs affairs so eo far asae was wai concerned changed when the prosecuting officer asked him the following question Q Hav hae eyou you lolis loiis convictions ns again against st grinding rinding din dnn ding anun of con gress res against jolyn polygamy A A agg polygamy I 1 do not 4 kii kil vejo bejo I 1 bon boa crime 11 I 1 v 9 then you u would if there ja is a lt it a caime A 41 1 I do adt understand that theae the thereasa reasa is a it a crime J Q you ayou know that congress has pas paa seda 16 jaw making it apdo ayou lyou riot A I 1 yes sir air sir Q then what do you mean by saying that you do not know ahalt thatis is a crime erime A beg bee because luse tuse t 0 omy my falth faith I 1 do not acknowledge that it IL is a crime IV mr C isrow I ow there dra are bome some things that are crimes per se and some that legislation makes mabesa a rime crime cl do you mean to say that you do not belleve believe congress had bad any aright tight to pass any y sueh such such an act as the law of 1862 against poly gamy A they had a right to pa pass what wh at thep please x 9 WD Q ado ido you ou amean tx T w 66 ebay reay y you would r abe L p ae AT suppose 1 should be obliged to t abt oby f the law lahr you nedi fedl justin Justia edin anding au an indictment bunder under nt trial mv law if a man were re living in polygamy OK f I 1 A no sir according to M my cfaith falth faith I 1 would liot rot hot 91 11 1 I 11 L lit 1 mr oakey CAREY e W 1 challenge theau 7 if the court please Jp lease lense 11 COURT kourt the he challenge Chal chai lengi will be sustained you are excused 1 amri wilson the next unsatisfactory person person was mr ar k Z benniah Benni renni dh and until a certain point was reached his an 4 awers yens to the several quest lous ious put to meet with ap approval approve prova the e to the contrary r avas was on being belne asked the following Q do you believe belleve gamy my to t 0 be a crime A Q un under ei the law of C congress boudo not A no sir 11 qi are you living livin 0 in pol 1 amy af anosia lq to hir 22 vv H Q still vou do not believe it is p la 11 f andt A t sir aj mr inthe court please the j juror uror ausa answers all ali the e questions satisfactorily satisfactory Y alexc except t that thai he does not believe belev Is that to dea den chime crime which congress has madeo iso therefore I 1 3 think wo e are obliged kcf bof a him tz ithe court to chetri the or you sy not in ill favor of finding indictments ants roi loi the crime of oiga polygamy olga my 11 1 1 A 31 1 I donot donov do not kot kno kuo know that I 1 c 1 mid nind an indictment a against g ainest ie oly amy altho aitho although congress h has hns 1 Ls passed a s se a law against u it iv 7 11 COURT althe IT b 6 V j P challenge hal hai I 1 enge is i s sustained 11 you adu ar aret excused nc ua mr bennion 1 mra i Zundell was e a somewhat t u unstable hita viel diel csore sort of 0 fa I 1 n peri per i insomuch bo accor actor dinto hl hi viii own acknowledgment it was very tery likely ahie ahle the dews aud knel and sentiments which J held heid today might be lle chii ehin chin changed ked jed to in mpr r rowe row th the e p prosecuting 9 ME T heem geem seemed td somewhat bothered wih aiu with this for tor some timi aut but finally he made u up his hg wid mid mind to challen challenge go nim him following ls wis JIs the bovair of mr gunaella Zun delis deila P egami 11 nna mia atton atlon Honan ana aha t af I 1 tp t Q nir air Zundell are are you adel ndel lizen of the ohe united tates batea ta tes tea 3 A A yes es ir T Q or naturalize A I 1 naturalized Q did you cial district for six months prior pr lorto i to the fourteenth of Sep september last lasov A dessir yes sir sin Q ocea orea can n you read and W write ito ite the english language A sid bid 1 S m 5 qi Q ka vei tei ab abbt lt finding idu iwu a n aou hou th a ta acae 1 se where re ulle ulie would be ue athi 1 listii A nosir Nos lr J y ft vp boil kv a coart 9 af f ju jurisdiction adli anttn attn has fihs the righetto hight right to dig deree s p 9 pent merit A nosir sir air y 7 r Q ave have ydun boti any laotis duh akai 8 v ra 1 ill ili an iii PL p d the he violation odthe orthe evv av of congress ondres pl against I 1 p camyn gamy A cel cei 1 I am ng n using la in polygamy bly i Q iida do you believe gamy to be a crime A yeso yes I 1 10 lo do in a certain form Q cewill ydia ba A thero there are marlous marious kinds kinda olf of polygamy under the law that ta jo i Q bo ad toti toli understand understand whal what tow toy k yi 1 I lereve I 1 idol doi dol j 1 hab ave read itma the I W iff y Q tar tio tin ilg aig of f IW thatah could yau ti your bath oatland abid need conscience Mid sih sin an indictment A AI 1 I think thine I 1 could ouid if pr onry q pr aved Q AIni ost st all your oufa ouia alre alletie allf a lit tle tle tie qualification wha ardo do yau meag peng mean 5 by y ro pah 1 1 I proved you sou or echave v ji riot ot law arid I 1 roula like to fonow whether hether yoli you haie or have if yeu yen have yo bof W would ouid n not j ot be authorized to nind iffie find an indict any kj kind nd under iha thab t law a or other othen law a buta you ds not seeni seem to in gif tibia L what d do U xou you ou mean by proper pr afro 0 s 1 1 A rit ril tit ns as under unab anye oher aher in T should shoula T evi evl evidence debee f ll 11 1 Q well weli ir you were that a man inan was living ga gamy i m y ii and n had gone in to it sinca of the ja A v of 62 batla nned nied that he was jiving with alth thano dnn he yaman were satis satia fied ea with iwah the proof woul wo ll 11 1 under these circumstances nees flau flaa finagan i 1 indictments A 1 I think 41 could under my nay present feelings A man cant al ways wads tell teli wui buie brue danwit his hii feelings i wille nai t Q are you 11 ll living V i 1 P I 1 ifa bly amy amye ft 11 1 1 4 A T amne fc Q ka irry icax ouina cusay a man baht tell teli afie oay osy day what he do the rient that is not a satisfactory satis facto ry anaw answer air thata science and his views of law are liable tou tot hange bange hours houn ano I 1 do bov boe sup suppose ose they are aut vuu boutwe wid a are re all liable t to 6 change sonie respects Q you toli feel about abou tit it AL A 1 I believe I 1 could nind find an indictment today to day QT J t 9 but its uncertain bo how how bow W you will leel leei th tb morrows vf f A X es pir aln areat laughter daughter ull uit jrr carcy darcy I 1 challenge the j juror u roh roy tre tan Q if RT a tone of voice ivila mr zundell stand up do I 1 you ou make this el n order ordet that you may have hh excuse to morrow for thinking diff brently erent ly A I 1 no Nofi rabir ir 11 thea tre COURT chaia Wh nia nig o your reason afan answer A af wei wel I 1 dont ki abai aba I 1 gan can sigri any rea tea reason 14 an we aro are liable to tim es i phe THE abu nit fit do adif you thau thai answer aji order orden 0 on n the buryll jury jurs A ap wp sir sin I 1 donot tim tid cours do you you yu will pho pro probably probably baby change yolie lew law tomorrow to monrow morrow or any subject 11 A AI herft no wAst wash will j he jdonte know will will wili A 0 o si I 1 dw I 1 shall 11 1 tf kr tn E ilbo you intend to help hep ennoree enforce the law faw of bf 1862 1863 against i t y hi nr r r I 1 f I 1 I 1 A yes sir air 1 I tile tim TIIE coif coia cuil chii conscientiously an fi u d in good 0 faith lalih 1 l aca jer 44 A yes bir hir I 1 r I 1 I 1 D 17 ATHE T CO T do you nrc aro ging sils qing to change vol to 1 irio arow jh regard ren t to 6 af pf of murder wol poi 1 A tl think taink bot hot 3 tiep copp coagy C you will chanse change bour your your youn views tomorrow to morrow on th t of arsow ary i 1 N n 1 3 I 1 A nosir THE courvi cout axy du X have hav no doubt ab 0 u V t h a V A 2 12 is 12 V r j A no I 1 dont think I 1 have a any doubts 7 A J s THE court couitt YOU ou are e challen b 11 ged mn zu lido iida I 1 a I 1 d d ake your qualifications on tb the e of pol poi polygamy agamy ther there eare onre me always alway some sphie ina reservations risi where there d such buch qualifications hut but nevertheless th eless etess as asay today you think k yon yog can nind find indictments and abu conscientiously mean blean notwithstanding your I 1 0 ur dds damaging ing qualifications to cejp dap to enforce thao that law although 1 I do nou not alke aike your out our answer at all X will overrule rover river rule ruie na he challenge and let iet you sou keep your et beat and try honsoon how soon you will chaji change ge your mind the challenge is over ruid auld mr auerbach answered all ali the questions bally but expressed a decided objection to finding an inck indictment lwft tor murder where the evidence was wholly bolly w circumstantial why when e n hir air fi A hadasa ed the ordeal of mr lvir careys carels cate blaim and was wius accepted the e fol owing dialogue 6 td took ok place ba between tween hamand the 06 court kurt court cir mr au auerbach erbach lave you not bot heard hedra of case ease s where the testimony opy was w I 1 positive and yet set turned out tofiq to ie false faise where r e witnessed witnesses hiie hay or llave been mistaken it was even positive and afi yet turned out outto bf alse aise achis the fallibility of human au af lairs alne airn MR A cil Jc app guld guid d nob bob up t say pay that tb lat int such sum a case has passe passed my mind ind I 1 may m ay have read WA cadei ek tiie tue COURT 1 t I suppose you mean that you oil oti would want very tery very tery satisfactory MB A IT T should yf thi COURT fb f evidence ath ju C e carryn g rong conviction MB ble A A 1 I ido do I 1 I 1 rrt rbt 1 ay rde gu gress guess as at a man cp committing p g in mur mpr ler ier r tj tp 12 I 1 rr W VJ udd answered a alche 1 I f t b e gues ques questions t I 1 os p af pf iho uhe p repe rege satisfactorily and ayak P ga I 1 heugn he admired admi ted that llie ilie was wab wll wil i V lykam abut said bald that thal bt hir hur he ltd had not en jered it ince sine 0 the passage of the law of 1862 i The acce otance pt hgr brudd Mr udd e lausted hausted the names on th panel and ind the court ordered the marshal marshai i 0 o draw mo more ro from th bok box C ing the gnp former names we redrawn I 1 P waa yas tha thab of fun bun we ff F jaan james jep j who wio w livas As 1 in n courty and and was examined and accepted the next name drawn was thae that of nir mr edward C chase who the clerk Anfor informed jjr binh e edart emart was a resident of of jtb stockton tooele thoele county the nila aila marshai marshal rAhal sald said that he be could be summoned this afternoon so as to be in in court tomorrow to ta morrow morning 1 1 z mr fran pran ii klin e errill a of bait balt biake city next next drawn N 1 I I 1 i mr aaron dewitta hof bof cache gou goj co was next nent drawn but as etwas it was consi considered deredA that at he be Was yas too tao sar far away to arrive in |