| Show COURT proceedings E DINGS THE CLAWSON CASE A OBTAINED BY OPEN VF VENIRE nire op WITNESSES I 1 the district court was called promptly to order at 10 this morning mornin and the case against rudger cias ClaN clawson clannish CI awson NISO on trial for polygamy was resumed the appearance of tho the court was much the same as yesterday the only noticeable difference being the thu absence lof of a fire tire in the stove store a con considerate si boon of a bi g hearted bailiff and ak a perceptible falling off in the I 1 feminine eldi eidi nine amour among the tors and witnesses A party of 11 anve ve i solemn cooki looking ug ero arc seated i within the rail and were supposed at first to be the latest importation of witnesses but it was soon ascertained that they were only the defendants in the grand larceny case of the people vs kee foy and four others who were forthwith arraigned and each pleaded not guilty just before the clawson case was taken up the grand jury filed into court and presented two indictments found under the laws of utah territory albert Kersha nr im pleaded 31 johnson for forgery was awn arraigned and entered a gt PI plea piea a of not guilty the roll of jurors so far secured in the clawson case was now called by the clerk Inc including ludin iudin J J farrell who was not yet sworn no 22 william smith and no james cullegan Cul lenan were called but no response was made await awalt A wait walt r ensued while the bailiff went ou on to hunt up deputy marshal marshai vandercook who had been sent after smith the other deputy sent for cullegan Cul cui lenan lenail had not been heard from the bailiff bailiff return returning returning in gsmith informed the court that abat kahat mr smith was sick marshal ireland here entered and was interrogated by the judge as to the reason of the two mens absence for whom attachments had been issued ile he answered sotto solto voce something not intended evidently for the reporters ear or if it was his good o intention was entirely thrown mr dir varian of the counsel for the prosecution now arose and stated that both sides had agreed to consider ane panel of petit jurors for the term terra and the box itself exhausted an and d asked to have it go down on the record this being granted crant cd he next requested in view of the tact fact that a 4 necessity existed forit that an open venire ventre issue asile for the purpose of filling up the panel of the trial jury T the he defense entered an objection and the court granted the request ordering the venire to issue marshal ireland armed with the necessary papers then went out to bring in six men from the street pending his return the court toot a recess for twenty minutes and all the jurors who bad had ed from me present case were given i leave of absence until 10 tomorrow mornin morning tal the marshal turned returned e with his men at about dlf fifteen teen minutes past 11 and 0 von trott one of them havin having been called took a seat in the box he f was asked the statutory questions and excused as he had only lived in the dis dig last march two years re silence next preceding the time of service being required A 0 palmer another open apen veni yeni reite was then called u up a and d answered challenged for implied lolas iolas bias blas and elcus I 1 ed for which he id not seem at all ali sony sonly J 3 farrell having answered noto the questions as to his belief bellef in the rightfulness ulness of plural marriage and cohabitation was passed by the prosecution hut but peremptorily challenged by the defense and excused 1 7 C conklin in was called but did not xe spond respond edmund wilkes and ellsworth elisworth da ett were ivere then thon summoned up and examined both answered all questions satisfactorily facto fact oril rily y to the prosecution the defense dan c now peremptorily chal edged ened charles gilmore the heroic speechmaker speech maker not yesterday but the challenge was overruled by the court on an objection by the defense and this notorious I 1 11 mormon formon eater was retained on the jury A written challenge was now index interposed by thede the defense to the panel or array of the jury on the ground around of the open venire ny by which two of the jurors had been obtained this was denied and tl e defense f ense then interposed individual Indi viddal challenges leies lenges to ellsworth dagget and edmund wilkes on the tho same ground these also were denied and the two jurors w were ere then sworn and took their permanent seats the panel of the jury thus completed is as follows I 1 E W loder thomas sa Sap sappington VC pinston agton 31 NV davis G M ani forbes D C booth george if w richmond charles gilmore 1 I F woodman william husbands D W scribner Scrib ncr ner ellsworth daggett and edmund wilkes mr nir Dich dickson son of the prosecution now asked that all the witnesses but one he required to withdraw from the court courtroom room the clerk called the following names mrs annie dinwoodey alice kirkham john M youn young henry spencer john D spencer ex elias smith sen professor thomas orson rogers reuben decker james calne caine spencer clawson orson F whitney it II patrick 1 mary iary jane spencer orr angus cannon jr john taylor george Q cannon joseph V F smith margaret clawson susan E smith 11 II M wells hosea porter or alice dinwoodey henry dinwoodey S B clawson F florence I 1 orence Cla cia clawson wAon S 11 II clawson 11 II B clawson lydia clawson or lydia spencer all but alice were wore r eques withdraw an exception was made by consent in the case of 0 F whitney who beins being a representative of the press and present for the purpose of reporting the trial was vas allowed to remain the rest having gone out ont MISS alian DINWOODEY tool took the stand and was sworn mr dir dickson then propounded questions which the witness answered in substance as follows follow I 1 reside in the seventh ward am acquainted with i the defendant rudger clawson have a st sister ter named I 1 forence or ence have known 1 Mrs mus mr Clawson clavson about three years believe the relationship existing between him and my sister is that of man and wife bif vif e thant they were married about two years ago last aln ain august aukust g bust was not present r sont sent it at tile tiie ceremony ce eno ano 1 but was at t pe the reception it took place lace atthe at the brides parents home ort on the evening of tho the of august 1882 the defendant and florence were present did not hear him introduce her as his wife defendant and my sister resided at my fathers house five tive or six months and lived together as man and wife wifel a child was born to them I 1 think last january they moved f rom from my fathers house to their own home in the irth ward I 1 visit visited eid Lid my sister at her house they have since moved to mr JI if B Claw sons house abent six weeks ago visited them two or three times while white they were in the hWard the members of the family were my sister her husband and their child saw no servants about have met other people there from december 1883 to may 1884 1 I know lydia spencer but have not known her long have mel met met her at defendants house the latter part of last year I 1 think I 1 question by mr dickson were you introduced to lydia spencer at that time the question was objected to by the defense as not permissible per in an attempt to prove the first marriage aich they held was the purpose immediately med lately in view and therefore such a question as tending to prove an alleged le wed ged polygamous marriage was irrelevant and arid immaterial the defense objected to all questions of like character as relating to the first marriage before the prosecution replied mr dickson arose and st stated a ted th that a t he had just been reminded dedo that the indictment had not been read to the jury alid and proposed that it be done forthwith te mr nir harkness for the defense objected to 10 its being read at this stage of the proceedings but the court 0 overruled the objection and the indictment was read miss tes testimony tinion y to the official reporter and the case went on the tife prosecution s e cution now offered to argue the tro tio point in t raised by tile the defense as to the last question put to the witness but it being time for sor recess the argument was post postponed pored till 2 p in at that hour court was called to order and the proceedings went on nearly three quarters of an hour were occupied by judge harkness in arguing the inadmissibility of such questions as that put last to the witness miss alice dinwoodey to this effect I 1 were you at the time you first met evdia Soen in the defendants house introduced to her mr bir harkness as before set forth held that tha such questions were irrelevant because tending to prove an alleged polygamous marriage when tile the 0 object b act of the ahe examination n of the witness witness was to prove a first marriage ile he was answered by bylls U 19 district attorney dickson who ar argued aed and cited authorities which he clammed claimed went to show that what was addiss able to prove a first marriage in such cases was also ad to prove the second he was still speaking as wo we went to press |
