Show DOINGS HI lotae JURORS TO TRY fligor MOR moxa 11 1687 1887 the examination of Q witnesses in the case of J W bean the com last lal resul tedla lo 10 the discharge et at the defendant there anere WAS no evi evidence denes brought out against him to the effect tha he had more than one oae wife and after examining two tiro witnesses a third was called cael led but was wap not present hiles hile took anad an adjournment journ ment all to himself the a witness cape in the court waited for an hour bear for the prosecutor to return and dually anally getting discharged the defendant re released the box bondsmen and let alago their way rejoicing in the nay VILT the jury brought in a verdict in the case of 17 the people via va john gardner and one holgate of gaila y of petit larceny in the trial of f the cage of ef th the a united states vs v james smith on the chame chaise ol of unla unlawful ful cohabitation a new feature was developed in the examination of jurors to ascertain whether they would admit having any bias biag against mormon Mon noB defendants A G sutherland jr and 8 B R tharman were counsel for the defense mr air sutherland conducting the examination mr knudson was A bof those called in the box to 5 serve 7 rye a sam juror in the C case a 1 se and with him aim the die following occurred e mr Sutherland Mr knudson on ate are from denmark when you left that country to come to utah were yon anor aA mon jbv knudson yas tes sir air aware are you a member now of the bah h BE severed my connection 10 years ago Q how did you sever it A 1 I was cut off Q for what cause A because of not obedience Q Is 18 polygamy one of the doctrines of the church r A yes sir air Q pid did you ever bellve belive in that A yes I 1 have A was your disobedience to that the cause of your year being cut off A no I 1 believed aa it benaut then ben but have changed my mind since in regard to the matter the juror assured mr sutherland therland Sa that he had bad no boblas blas and the fact of lil his being severed from the church would woul 14 cut cast no reflection coon upon the case he did not believe in any otner church or er society that encourages the practice of polygamy mr air shaw was the next juror examined MT mr sutherland are you a mormon m I 1 vr mr shaw I 1 have never been CUT OFF from the church I 1 am still a mormon do not believe in polygamy would have no bias and could sit impartially partia y on the a case mr sutherland to mr fairbanks another juror are you a mormon mr mi fairbanks no sir air Q ever were A yes wits was a mormon about six years ago Q pid did you voluntarily volanta rily leave the church or er were you cut cat off A I 1 just picked up my hat i and left Q abat is the reason you left it A because I 1 did not believe in it Q what part did you not net believe in A none of it ado Q do you yon know doctrines of the church A yea sir air Q abat are they ait A it would take me the balance of this term to tell you yea d 1 Q can yen tell any ay of them A polygamy and blind obedience Q ibm next state them from the beginning was not one of the first faith another repentance you do not dot believe in thoi e principles A yes I 1 beli eveln repentance do n not ot believe in being baptized Q did you not leave the church b because eci be a of polygamy A yes Q Is that all A no sir air I 1 kicked at all of it that will not bias me Q do you kno the theLO LoYAL YAi labuz A 1 I do r I 1 Q are you a member of it A I 1 am 2 Q what is its object A oh ob 1 I dont know peace and plenty Q 4 plenty of what it was aag suggested estado plenty of votes Q well will what at else A less lena contending and OP OF VUK FUN I 1 Q do you knew the object 1 is to bitterly light fight and bit bitterly teely oppose the mormon church A no I 1 think not Q do you believe it r right bt to iq oppose the mormon momen and if jurci A only 0 politically air Q means a great many ways can you tell mr fairbanks ampf appealed zed to the court it he was obliged to a answer g awer that question t to tie the court told him ye yea s in a general way A its general object la is to become united as a political organization Q Js Is not one of its main objects the an suppression pres slob of ef polygamy T A tio no sir air 4 ts it not a tact fact that you on as member of that league pay ity fifty cents a month lor for the open and avowed ob jeet elect to suppress polygamy no air Q jis Is it not a fact that before you become becoat a member of that organization you Ls TA TAB that you yea will use your beet beat endeavors to keep men in washington for that purpose ano istir it not the fact Q your dues are for the support of the organization the court asked what this examina tion was for mr thurman Thur naan replied that teat it led up to the inference el bias and ground of challenge and referred the beup 0 o massachusetts cases and other authorities thorl ties somwang that if jurors belonged to any organization tor for the thesus sup pres slon of or violation of a law for which the defendant was being tried it would be ground for challenge fr cause the examination continued in this wy way until unfit a jury was obtained fairbanks and knudson were challenged and excused mr staten in answer to a question tue sUon baide was a member of a society one of too objects of which was to suppress any crime I 1 that of polygamy among others that society is the presbyterian church was also a member of the loyal league leacue and one of the objects of that league and too the pay went ment of dues was to PREVENT UTAH I 1 coming into the union under rule mr sutherland challenged him as he contributed to an association otherwise than a private citizen for i the enforcement of i a law the challenge was denied the jury was made up and the case went to trial at 3 p m sarah jane smith was wag the first witness and testified my fide husband band is jas smith smithy we were married 83 years ago in prove city how he was not arm married man when I 1 was married to him mrs christina smith testified Jas smith Is my husband have bee married 80 years he was a married man a at t that time I 1 I 1 have A family of children my youngest youn eest is three years old for tare last elith eighteen teen years I 1 havy have lived in my own home fears L for or the past six or seven years he ba has lived exclusively with we me as I 1 am an invalid aad he helps me I 1 dont know knew of any separation or divorce from sarah smith the examination was in progress at close of mail |