| Show LOCAL NEWS i FROM FRIDAYS DAILY oot r THE CLAVSON CLA ola CASE I 1 ai A ulry jury obtains D examination OF IN ess it our gur report of proceedings in the clawson polygamy cage cade case closed last evening while mr nir C y S varlan assistant prosecuting attorney was put ting to james eltz eitz fitzgerald geralda a jur juror orthe the gues questions tiong as to his hig belief in the rightfulness of polygamy and plural cohabitation the juror answered these satisfactorily in the negative and the prosecution passed him he was afterwards peremptorily challenged by the defense and excused mr nir barnett nir dir denhalter and mr fowles kere were tere then examined by mr nir varian varlan and P passed assed by him mr be bennett anett entered a 0 challenge hai hal lenge against mr fowlen fowled for actu acta iti iki il bias sustained this now left five in n the box bok mr bennett now objected to the last three jurors and the previous three tein jein being sworn and sad interposed individual challen hali hail hall engeson es on the grorud that these thim jurors furors were here not on the jury list of NO names for the year yean 1884 nor put in the yury box nor drawn mut lud that tha teach each of the jurors was selected a and nd summoned by bv the united states 11 marshal arshal for utah territory on an open v venire enire overruled mr hir bennett objected to the jury being sworn overruled the following additional names were then drawn irom irm the box boxt i john cun cuni i hington ning ton R alff jas jag clasby claby JB griffin wm vin bredemyer phil kippie kipple and johir Johir ripp hipp enapp Knapp mr cunnington was excused on the ground that he had formed an unqualified opinion as to the guilt or innocence of the defendant mr lir alff and mr clasby excused on the same ground mr dir griffin passed for cause mr bredemyer tae kepple said he had formed an bled nned opinion as td the guilt or innocence innocenc I 1 ei 4 1 of athe the defendant and a was excused mr dir gnap was passe passed ead for cause mr nir henriett Ben Benr ulett iett int interposed er osea thet the challenge ih af these jurors as lri irl the eadel cadel calef bf tho three A named inq ino air variah then examined eathel the furors 11 ho also pasted passed the abr cause c ap mr air Brod bredemyer emyr waka was excused ont hufh the 9 vh peremptory 1 challenge halt hait leze reze lib ill of fatir mr Var isri lari I 1 s left I 1 t panel ahel box bold mr M r bennett dennett objected to the two last juror junor bein beida snorri overruled T ee fave five additional ananies pes ads were then front tho the box bos vrn WL pickard L ormer ordner 31 horna Tho hoina inal phal A gustave schulte they were immediately anthe on the groaned that they had formed im an opinion as ag to the guilt or innocence of the defendant I 1 i 1 I 1 I 1 five more names then drawn from the box aa follows A C brixen W H 11 bowers william I 1 clays 8 hanak and ER E B wilder it was discovered thet mr hanak was not a taxpayer therefore excused the oj oti oli Thomas tthomas Carter carte r was then drawn from froe the box mr A ilir lvir clays and mr carter barter were excy excused bedfor for having lo 10 formed nud an unqualified opinion nir mr air bowers was passed for cause mr wilder the same the prosecution being beins satisfied with these t two wo last jurors they were daiv sworn i three more names were drawn fram the jury bonas bozas box as follows charles ot mond thomas dimond and anda J il 41 bur bar ddn mr ormond vas aas ag excused us as a nonresident non res resident ment of the district name of C CL jj carmen was wag substituted mr nin dimond was aiso airo excuse c ix cd d di as a nonresident non resident ardathe oft om jle mckimmins was wag substituted iott oni onn exam watton matton all three beret were excused for having formed for median lan ian unqualified opinion as to the tho guilt or innocence of the defendants fend ants n three other names were drawn fram the box viz ai ewing swing geo decker and jas decin decer aa wast wase elbus d das as he be was not a taxpayer the mhd name of agun agur alts aits was substituted mr airl riving inus vnus for halting baingan ha ingan an unqualified opinion op bilto n mr nir ashman the same mr nir i 1 j three other names were wore then there forn fora fromm froma viz james slier siler an d Y pe pearci ase mr dir sherlock excused on answering that he had no taxable pro el perty erty in the ohe terri Terrt territory tory tony the mime mimo of S J natha nathan h was substituted mr nir pease was excused asia agia as fa nonresident non resident residents the fifty namesion na inthe the tha box beitl belil belaik nove noie exhausted the court ordered another open venire ventre for sor twenty four foud names mr aln Conklin and und mr nir nathan were poth noth excused tor lor having formed an unqualified opinion on the guilt or innocence of the defendant this left nine in the box with three peremptory challenges yeti yell to beeber be exercised the were pud in charge of the marshal and the court adjourned till friday ut at 10 an am T fridae enday oct 24 2418 1884 Si six minutes past pasti 10 was in 6 dilated by the dial in thel the Ve federal deral derai court room as marshai marshal N iceland propounded pounced pro I 1 it q va I 1 hearde He arye 9 hearde hear ye 1 11 and t the tribunal odthe bf the third judicial was announced to t be e in iii session the tha nine jurors recalled we and found 0 0 be prean and artl drawings cpr were ihen then in aft from thip the open of t werty wenty four tour dames names issued last ey evening ening and ana made r today jofay to day the panel was gas arst challenged challene d by the defense on the samp amp grounos as tha open 0 en denire af yest jest yesterday erday ay mith with the additional ground that the second orm mrm enere waa wm stu out when this thir third open venire was issued and cretul ned 1 hat oot tha jha 0 challenge challe chalie oge wasl overruled john bastian basilan Bast ian lan A anad IL 31 madeira were drawn drav uran in and called up tip mr nir Bd bastian stian had heard of the case both from conversation and alid from being present in the court two or three times bt bud 0 did nat not know that he had farmed or expressed an opinion as to its merits he was chatlen challen challenged geo for implied bias and excused e ec used mr bechtol hati hail heard hearg of ajr axi dreada little of the case cage andlar and had lad 91 formed and expressed an opinion it he accepted hearsay evidence mr varlan vannan 4 are are ard apu ipu in th habit ol 01 doing thavil that 1 witness 1 I dont know inow that I 1 am Q gly IlY dimant ayou 71 ou A J would like lle td to 11 1 pros well now just banish iha that lt thought from frow your sour infald would you be guided guided by y testimony in wis this case cae in n preference to kajmo beart beant say dy evidence witness witless 1 I believe 1 would but i would require evidence aden e to remove my present opinion pros t we deny the challenge o judge zan I 1 1 as it a nixed fixed opinion you yon have Wl witness fit eit ailt it Is ii noe doe not nov rn much ch of an apin ion lon either way bilt blit I 1 11 would different evidence to what I 1 hayg iab heard to remove it court 1 he doe not ote ento euto have haye a fixed opinion thi the The tho objection is 10 1 ayer ruled excepted to dytha dalen dien dlen se seann a ad IV witness challop challenged d for tor tor lor act actual blas hlas a arr ivr ruled mr madeira nad dad formed 1 hu an opinion incoy from reading the tribune and ay ifer fier 1 ardt alft and it woud require a great deal deai of eviden evidence celd td remo p it he loewa was challenged 0 sad sud mi ai was yas the then n sworn JD making Akini ten J jurors obtained thus h J IV masoff L soli abid john I 1 I 1 Mc were then drawn mr arr Mc was objected to tb and excused because wrongly named his right name being james Mc CT C T n was colled called I 1 his is 14 i mr mg mason alason was questioned and said hell heil chehad ail nilve a nive five weeks week a absence in alta and had read but one that cimei and aud heard little or nothing of the trial alad and was conscious of no bias he was passed mr nir stevenson had heard the case discussed and had formed and expressed an opinion lont as to guilt which could not be changed very well he too 00 oo was wag excused on being challenged mr nin mason passed as to tor polygamy and cohabitation and was sworn making eleven jurors passed I 1 J L L dickenson lit lic kinson was drawn and being questioned admitted having hasing read and heard of the case casl and formed an opinion as to its merits but had bad no prejudice that would affect his judgment jud in the pres presence enee enbe of sworn M evidence challenged for implied and actual bias blas successively both challenges overruled further questioned busaid be was not a mormon buthis but his wife was brought up as one and had relations inthe in the church he lived opposite governor murray Al urray in the seventh ward and did nob not believe belleve in polygamy oly amy or plural challenged allenger R allen alien ged peremptorily by tho the defense and excused wiiliam wllliam showell was called and claiming his privilege as a U S mail messenger massez or was excused IV W A pitt had 1 most decidedly ormed and expressed an unqualified opinion and was excused J al richardson was excused for the fame cause william B E ja jacobs had bad formed Sor ined and expressed a tion fion which it would require strong evidence to remove challenged for implied bias challenge denied and overrule challenged for actual bias challenge gustal austal sustained ped ned and juror excused james anderson was ex cubed fon for ar a similar reason james jamea glendenning had not formed or expressed an opinion and was not conscious of bany bl bias hlas asand jand did not believe in polygamy or plural cohabitation eis eig excused used on ground of non tion ap to residence thomas thpmas mith smith had bad heard but little andrea and read a IQ the case and had not formed or expressed any opinion lie he said sald sald said he be did not even everi know of the thel late trial till tho day before it went to the th jury ejury ile he passed as to polygamy and cohabitation challenged as to noa non residence and challenge overruled juror W H H bowers was challen challenged peremptorily by the defense objected 09 to as the juror had been sworn and objection sustained the panel 0 ot o th the e jury was challenged by the defense challenge overruled mr smith was sworn and the jury was then complete they now st stand andas as 1 follows J T F ar re 11 i ip E fitzgerald i charles connor tiu lin charles barnett henry honry denhalter J B griffin john knapp NV 11 II 1 H 1 bowers 7 1 E U B wilder A bechtol 1 1 i J W mason masom thomas smith t the clerk read zead the indictment ao bathe the jury and the trial proceeded miss ulsa alice dinwoodey was called fon for the prosecution and testified i her testimony did not differ from that given by her at the first trial henry dinwoodey being behig sworn testified the only new things advanced by the were to ask this witness whether w ether he did not on a certain damhave day have the defendant deed to him a piece apiece of real estate the ward wand property erty ot 0 the defer defel defendant with the motive of protecting the interests of i his daughter florence as again against st a second wife that defendant had taken or of was going to take tho the witness admitted adlitte going the property transfer but repudiated the motive suggested ile he was then asked why he never spoke to the defendant about his relationship with lydia spencer and was requested to swear that he did not refrain from it because morally certain that she was his decoud wife he took the informal oath and was swear that he didiot admit before the grand jury JU that thatchat that was his motive in keeping silent on the matter he signified his willingness to swear to this and mr dickson his confessor then desisted resisted des isted court took a recess till 2 pm pin ii 2 29 p pm m P proceedings r 0 aced s in the claw clawson son case resumed with the examination of henry Dili dinwoodey woodey who was again asked to swear that the reason he did not speak to the defendant regarding his relationship tion ship with lydia L dia dla 1 I spencer was because he knew sie she was his wire wite the defense objected to the question as immaterial and as tending to bring before the jury by indirection evidence which could nov not y til the question qu st ion lon was withdrawn w I 1 for the present s antan and d the witness was next asked if his interest in the outcome out collie ot 01 this case was not with the defense he answered affirmatively tile the first question was then repeated 1 again objected to this and likewise to the citation of evidence alleged ta have been given by the witness before the grand jury as it if was an improper im proper line of procedure tending to prejudice the defendants to fend ants cause in the eyes of df the jury the rules of evidence he maintained should be strictly observed particularly iii in a case like this his sur ar rounded hs as htwa it was by unusual heaard and excitement and the procedure attempted was only allowable in cases ages of impeachment of witnesses mr dickson in reply held that th they ca were strictly strict ly within the rules 01 ot ol avii evi evl t i iCon finned fajt continued f from nom rom rage jage 4 dence and to t 0 the proudest pro d adest st a as in this edse basea avit ness wa sih sib Ostile to the ap prosecution aa cut alt n they had a right lie he claimed bleim edi neach reach evidence evidell e e by b indirection indice action as by b asking 1 1 a witness icile iche did nat dembin remember t er dying differently another tribunal or oaf anether occasion to what he if it was the thee intention to refresh the avit witness ness memory and follow up by further evidence connected with the question the that vara 61 the prosecution was allowable and the witness was permitted to answer andner the ute aTe Ti tion effon which U he j did to the thie phd elj silence respecting is je nes res re s lydia was nol not idue idne to his knowing that sha was his wife ile he was next asked if ll 11 ha knew khew yet where his ills wife Mrs annnie Arinie was and that he nedd md 4 dipti he was also aiso al soaked tusked if he ha did not know shei shet idding day aay away to avoid avold being he disclaimed this also excused Excuse di t nattle nattie JONES A girl livin living at ats mrs annle annie din was next sworn i 1 I have never secal ca lydia spencer I 1 do rbt know that there were nik nig nights ills ilis during durins g the time defendant and aid ald h hla his 3 wife bif e lived li vedat Ht mrs when vh ien ign he be did not stop there I 1 do not remember declining declining to ao stay all night with miss misa ca clays 1 I Ys on anthe the groan ground that had to trl tyl a with flar florence in jie hen her husbands absence b e C acus ed james jainese E Cai cal sworn and repeated his former testimony john M young was then put on the stand I 1 FROM saturdays DAILY OCT 25 monster Sl onster at thee the store of mr brooks west of butcher ls row erst first south street a basket ot tremendous inen dous pubors can 06 seen seventeen of them make a bushel of the mammoth pearl variety mariety varlet yand and were raised by mr nir woodbury of the seventh nard vard ard helias heh heb as a bushel odthe of the same kind at homo home consisting of 10 ur teen potatoes he purposes sending P din them for fon exhibition t to 01 the N new ew orleans E exposition I 1 returned A A how tew dayl day 4 lago 1290 0 o elders david davidh H cannop cannon jr son sou of bishop dishop cannon of st george and john H maughan Maug iun imn son ton of wm maughan maufhan of wellsville returned f froma rom itt mission to the states the former fat left nield field fieldor of labor oct lath 1883 |
