| Show GRAND JURY IMPANELED the september term provided for without much difficulty the open venire for grand jurors re returned in the third Di district Disi riet court today to day was made up entirely from salt lake park city and bingham the foil following ing were called by the clerk r J B R nichols mark mckimmins M B W H sells henry newell august fuelling victor M sturm james W pierson edward W rupp james wm win E jones J U 11 van horn henry F sampson JB ah H siegel Sie eel joseph H ethers rs E P hatch jno dodds thomas cooke stewart stevenson and 0 W heidel newell siegel and pu burgin in were absent sturm and val van n horn were excused on account of ill health mr fuelling was relea released seO owing to his cifes sickness mr sampson was not a taxpayer and was challenged and excused mr jones said he had bad never paid taxes but had bad taxable property in bingham he was accepted rupp kupp and heidel had only paid poll tax they were also retained mr stated to the court that he worked at the empire mill in bingham and if he served on the grand jury he would be discharged this he could not afford as lie he had a family to support the court refused to excuse him remarking that the empire mining company had received the benefit of the courts in litigation and was in no position to take the step alluded to mr heidel said he was not financially able tc sit on a grand jury as he had bad to work for a living the court would not release him the grand jurors were put through their catechism as to age citizenship residence etc and in addition in each instance the following lol lowing questions were asked and answers given mr peters do you believe in the practice of polygamy juror no sir mr peters have you ever practiced the principle of polygamy juror no sir mr peters or counseled or advised others to do so juror no sir mr peters have you ever been convicted of the crime of polygamy unlawful cohabitation adultery or fornication juror no sir the jury as accepted stands as follows M B bowles foreman J K R nichols mark mckimmins wm win H sells james W pierson edward W rupp bupp james jaines wm win E ejones jones J B walden john H rogers E P hatch john dodds thos thoe cooke stewart stevenson C W heidel before the jurors were JR IB attorney fra frank n k hoffman presented a challenge to the panel alleging that it had bad not been drawn in conformity with law the challenge is substantially against the open venire and was made in behalf of wm win taylor who is in the penitentiary awaiting trial for the murder of mr osborne at bin bingham 9 the court overruled the ch challenge al and the jurors were then sworn subscribing to the following termed the loyal league or political authorities ties I 1 oath in contradistinction to the one first used by the court and framed by the utah commission in conformity with the law I 1 being duly sw sworn orn depose ana and say that I 1 am over twenty one years of age that I 1 have resided in the territory Terri territory tor of utah for six months last past and that I 1 I 1 am a native born or naturalized citizen of the united states that my lull full name is chiti that th itI I am years s of age that I 1 am a man that the name of my lawful wife is and that I 1 will support the constitution of the united states and win will faithfully obey the laws thereof that I 1 will obey the acts of congress prohibiting polygamy a m bi bigamy D iny unlawful cohabitation incest c est adultery aTul adultery tery and fornication that I 1 will not hereafter in any territory of the united states at any time in obedience to any alleged revelation or to any counsel advice or command from any soured source whatever or under any circum stan ees ces enter into plural or polygamous marriage or have or take more wives than one or cohabit with more than one woman contrary to said laws that I 1 will not at any time hereafter dir directly y or indirectly aid or abet counsel or advise any person to have or take more wives than one or to cohabit with more than one woman or to commit incest adultery er fornication contrary to said lan la a that I 1 am not a bigamist or polygamist ies that I 1 do not colia cohabit At with persons of the other sex and that I 1 have not been convicted of any of the offenses offen set above mentioned the court then delivered a moderate moderate charge to the lury jury substantially as follows court gentlemen ot of the grand jury the oath yo u have just taken imposes on you the duty of diligently into all of often tenses sea you have reason to belleve believe have dave been committed in this judicial district it is necessary that an indictment be found in cases to be prosecuted and you should make a careful investigation that no man who is guilty may not be indicted and that no man who is not guilty may be indicted you must not indict on in formation received out of the grand ury room 1 abut only on le legal gal evidence brought before you the various crimes which may be committed are defined in acts of congress and the laws of the territory there are two offenses in this territory which the people claim are sanctioned by y revelation from the almighty you must not pay any attention to this claim tut but it is your duty to indict as for any other crime the fact that the majority sympathize with those who commit them makes it necessary for these two crimes cries to be investigated very carefully caie fully you should not be actuated by malice hatred or ill will lh in any ady case or be influenced by fear favor affection or reward or hope thereof your only purpose should be to lo ascertain the troth in the mode pointed out by the law and for no other motive if the evidence I 1 is a su sufficient f you have no discretion if the evidence is insufficient you cannot indict the attorney of the government will be with on from time to time and will p probably conduct the examinations if you know knew of evidence to explain away a charge you should hrar it you should keep secret all the proceedings of the grand jury room everything that occurs there unless you are L called before the court to testify it is your duty to inquire into cases where persons are vou f tined and into the condition of prisons also the malfeasance of any officer it if you yon desire any further instructions you can communicate with the prosecuting attorney the grand jury then retired in charge of bailiff wm mccurdy abd the court took up the routine of civil business |
