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Show TWO JURORS CHOSEN1 Unexpected Progress in Hay Murder Trial. FORTY MEN WERE EXAMINED Joseph Smith and Samuel Bring-hurst, Bring-hurst, Two Fnrrners, Accepted by Both Sides for Trial of Peter Mor-tensen Mor-tensen Defense Will Probably Holy on Lack of Direct Evidence-Jurors Evidence-Jurors Said Testimony That Ood Had Revealed Ouilt Would Havo No "v-clght With Them. If the first day's average Is maintained main-tained the jurj In the Hay murder trial will be completed In nt duts. The two Jurors obtained yesterday after five hours of continuous ques. w Stewart rend tho complaint against Mort nsen. Mr Hunter the first Juror examined was i hnllenged b the defense beiause he had formed nnd expressed nn apln Ion The challenge was sustained bj tho court, and Mr Hunter was excused. ex-cused. rinsT man- ArcnPTKD. Joseph Smith wns next nn the rack Among tin questions propounded by C D Stewart were these 'If ou had read In the papers thnt a certain person had had n dream ur n Mslon, respecting certain features nf the case would that Inlluence ou7 The nnsner nns "No" Wtmll the fnct that a certain wit. ness claimed to have recelted certain manifestations hate any weight with jnu?' Another negatte. "Would ou require the defendant to prote himself Innocent If certain damaging evidence should b Introduced Intro-duced against him. but nu still hail a reisonable doubt ns to bis gullf ' 'Not If 1 had n. doubt that he was guilty " Suppose evident o were produced that ln jour mind made tt look rather dark for tfc defendant would ou re-quire re-quire him to prote himself Innocent?" "Not If I had a. doubt ' Mr. Smith w as accepted. S K, HOOPmt KSCAIT.D. Sidney K Hooper did not last very long He had formed nn expressed opinion Moieoter he did not think that otldente would thnin'o It Kx-cused," Kx-cused," sold the court and Mr Hooper went out ns one who has been called to accept a Cabinet appointment Judge Morse warned the Jurors agntnsl talking about the ense and tho court adjourned until 2 o clock NEVUU HUAItD OK A CASH. Samuel Drlnghurst wns tnken up after recess. He had read about the case and formed an opinion or Impression, Im-pression, but nt present had nn Intelligent Intel-ligent opinion He did not think ho would be influenced by what ho had read He was questioned on tho same " ' Peter Mcmeiwr. i ?m) tlnnlnu wero Joseph Smith and Samuelj Drlnghurst, both farmers, the one I from Granger nnd tho other from Tay-I lorsvllle They were the net results I of a haul nf forty tnlesmen, seven of whom wero excused bec.iue of exemption exemp-tion or disqualification, twenty-one weio lost In the drawing of names eight were challenged for cause and excued, nnd two wero victims of peremptory per-emptory challenges. District Attorney Ulchnor wns very well satisfied with tho progress mado and expresses the hope that the en-tiro en-tiro Jury will be Impaneled In two or three daja. The Jurors were plated In the caro of Bailiff Tom Matthews and will be prevented from talking about tha case, reading newspapets or thinking above a whisper until the verdict In rendered, JUnOHS' QUAI.iriCATlONS. To show the quallllcutlons necessary to become a Juror In this case It may be stated that Messts. bmlth and Brlnehurst aro not related to or acquainted with any of the parties on either side of the case, their knowledge knowl-edge has been gleaned from tho newn-pipere, newn-pipere, they had foimid and ei,piessed nn opinion ns to the guilt or liino-cence liino-cence of the accused from what they had read, but their opinions wete not m pronounced thnt they could not be removed by evidence, both feel that they can glte the defendant an Impartial Im-partial trial, the fact that n certain woman was reported to bate had n dream or vision In which she saw the ctlme will have no welKht with them, nor would the atntement of a witness thnt he had had a tevolatlon from Clod of the guilt of tho defendant: they ho. lleted ln capital punlhment and would not be deterred ftom voting for n verdict ver-dict of jrullty by the fait that death might be the penaltj They believe In circumstantial ev. dence and wnuld convict on It If they wero convinced bevond a teasonable doubt by 11, they will not be induenced by public sentiment, they will not require re-quire thnt tho defendant prote him-self him-self Innocent If In their opinion theie Is a reasonable doubt of his guilt after hearlnr.' the evidence agnlnpt him, they understnnd that a wife cannnt be called ns a witness against her husbnid: Doth nre l.ttter Day Salnti", hut they do not lerognlze ns a tenet of the church that n person who has shed Innocent blood on earth Is benellled In the after life by hatlne hln blood shed on earth In atonement, neither will teach nut after trivial or fanciful doubts or entertnln any doubts that are not suggested by the evidence or the lark of It. Taken altogether the first day of the trial of Mortcnsen was unetcntful and even tedious. The examination or one talesman wns practically tlat ex nmlnatlon of all except that some wero challenged nnd excused before the category of questions had been anywhere near exhausted. iN-rnnKSTHD pautiks. Mortensen alwajs the central figure, attracted much less nttentlon than nt the preliminary hearing, and did noth. nig but look on ns his nttornejH examined exam-ined the prospective Jurots The loud red, while and bluo shirt he wore on his previous appearance In court had been suppressed nnd n plnln while one with well-laundered front Huhstltuted Otherwise his costume whb tha samo black suit white cnllat and curfs nnd white nnd black now tie Thrnughnut the ptoceodlngs he sit hcslde his attorney, Dernatd Stcwnrt To nil appearances he was aa urenn-cerned urenn-cerned as nny other pcimn behind the bar, Just the wow I, forming deep wrlnklen between his eyeo, that was noted tit tho hearing, has Intensified nnd become nlmost n fixture on his face. Ml and Mis. Henry Mortenscn, brother nnd slstet -In-law of the nc cuscd: it P nnd Charles Wntklns, his wife's brothers, nnd Jain Sharp, father of Mrs Janus it Ha, wero the onlj paitlca Interested In cite trial who had seals back of the bar Mi Sharp sat by the dletilct attorney and spoke to him frequently. NO OllKAT CrtOWD. The seats for tho spectators were not entirely tilled nt nnj time durlnn tho day, although tho attendance picked pick-ed tip In tho afternoon Two orthiee times tho onlcokers had to to tnutloned about noise, usually In the form of whispering , ,, . , , When tho order wns called nt in o'clock In tho morning; the talesmen weio examined ns lo their qualifications qualifica-tions for Jury service, Then twelve, names) eie- diawn ftom the box They were Oscar I' Ilttntei. Joseph bmlth, Kidney K Hooper, Samuel Drlnghurst, Miles W. Tloniney, Alonzn aoung, It. V Decker, W T Crumei, William C Uouck, Arthur U Toulger, Ilyrum doff nnd Archibald frame. Doth sides expressing1 their readl-neiw readl-neiw to proceed, the twelve tven were sworn and died to their seats. C. D. Illiln Mill 1 Henry RorttnjcTi line as Mr Smith and his answers weio of tha same purport. "Do you helleve that Ood reveals to man whether a person accused of n, crime Is guilty or not?" asked Mr. Stewart. "I don't know. I never heard of such a case." "What Is jour belief In the matter?" Mr. Dlchnor objected that the ques. tlon was Improper since any such etl-donce etl-donce wnuld be Incompetent and would not be Introduced by the prosecution. Judge Morse sustained tho objection, s.ajlng tlmt nothing In the testimony of the Juror Justllled such a question. WOULDN'T lNFIAJKNCn HIM. "Did ou rend tho testimony of Hon. I James Sharp at n former hearing of 1 this case7" continued Mr. Stewart Mr Drlnghurst did not remember reading It, nnd Mi Stewart repented the statement mado by Mr Sharp at Mortensen's preliminary hearing that he Knew Mortenscn wan guilty because Cod revealed It to him. Tho Juror remembered re-membered reading It, but said he would not be Inlluenced by havlnrr read It. In reply to other questions he said ho hnd not read of an alleged confession by Mortcnsen to his cellmate, cell-mate, nor of unit the defendant said In hla dreams, and would not be Inlluenced Inllu-enced by such statements It ho had heard them, "You havo read and heard rumors that tho wife of lho defendant and her brothers hnd deserted him Would such facts Jnlluenca ou In any way contrary to the evidence?" "It would not." ALL I.UT OrP. M. W Romney of Dutler precinct Rate a satisfactory answer to all quen. lions nnd wns passed by the defense. He stated tint he was a cousin to Dr-nest Dr-nest George llomney, Ilnys employer. (Jeorge Young ndmltted that he would not be ns free and unbiased ns a Jutor should be because of his acquaintance ac-quaintance with Hay, and was excused by the court D V Decker nlso knew Hay and thought thnt bo might be Inlluenced by that fact, henco did not wish to seive on tho Jury, Ho was likewise William T. Cromer, n lifelong friend of James Sharp, thought thtt If he wero on the Jury he wnuld act impat-tlally, impat-tlally, but added "If I weie on tilal I would not want n Juror whocfeels ns I do to sit on my rase," This hi ought his release and Rnto a cue to Mi Htewnrt, who mado It a point afterward to atik Jurors If they would care to be tried before Jurors In their frumo ol mind William T. Huck ennfesred himself biased by what hu had read nnd heaid and wi excused Hjrinn Ooff had formed an opinion, hut tlim ht he could pile It nsldo on the trial of a case. He declined to say he was suio he could, and this brought n challenge for cause. Tho challenge was resisted and tho court asked Mr Ooff If he felt sitlsflcd thnt he could lay aside his bias, or If there was a doubt In his mind Ho admitted thnt theie w'uu a. doubt and he was allowed t'l go HAD CHANGED OPINIONS Archibald Drama said he had formed and expressed an opinion, but hnd i hanged It from time to time He hnd naked Drnest ISomney how he expected to convict a man on such evidence as ho had What he had heard and real, he said, would hive no Inlluence with Mm, and he thought he could render nn Impirtlal verdict. "Dhi jnu read nu nlleged confession seld lo haio been made by the de-lendant' de-lendant' was asked, "No hut 1 heard of It ' ' Did ou form nn opinion about It?" "Yes, nil, I did, and exprcwed It, too!" PASSED KXAMINATIONS. The defenso paseed Mr. Prnnie, nmi Mr I'tchnoi began the ixnmlnitlnti for the stnte In teply to his questions ques-tions Mr Smith said he had no conscientious con-scientious scruples against capital punishment, pun-ishment, believed In the law lining death ns the penalty for murder, would not require direct testimony to convict, con-vict, and considered bejond a teasonable teason-able doubt nnd ubsolule certainty one and the same thine He said ho would not hesitate to v ee for a ontlctlon be ausn of sm paths for th. a, used oi his family Mthough he hi lings to the Mormon . hur( h it would not embattiss him be , cause the defendant belong to the same eimn h lie knew of the law thnt pretents a wife ftom testlfing against her husband or husband against wife He said thnt he did not shnte in the common belief that perjurj wns excusable. excus-able. In bomb Me cases and If th defendant de-fendant were to offer himself as a wit-ne wit-ne he would take Into consideration the deep Intnest ho had In the out-come out-come of the isse. Mr Drlnghurst answered substantially substan-tially the same question In a sntlsfnc-toij sntlsfnc-toij manner In the Stale's examination of Mr Itomnej It was broimht out that one of his rnuslns wns the wire of C It Stewart, Mi. Itomnei said he thought so 'Do juu onlj think so' re ou not ncqualnted with lour relatives" Sllahlb,- was the repl Mr Fl h-ior finish d and Dernard Stewart asked, addressing the question to Mi Smith Is It oi Is It not a be-lief be-lief or tenet of the Mormon church that If a man has shed blood It Is better for him In a futures existence If his blood on this earth be shed ' ' I hate neter heard tlmt doctrine" said Mi hmllh The same question was put to Mr Drlnghurst, who snld he neter heird It taught and had no belief on that point PHODAllLi: LINK OI" DKI'DNSD The lime for utilising their peremptory, peremp-tory, challenges hating airlted Mi Itomney wns excused by Mr F.lchnor and Mi Stewart cxtus-d Mr Fane, leaving Smith and Utlnghurst nlone In the witness box ns ncvpted Jurois They were sworn nnd plnc-ed in caro of the hillirr nnd the court took a recess re-cess until 10 o clock toda l'rom th.' oft repeate 1 question of the defenso ns to whether the Jurors would require the defendant to prote his Innocence In-nocence If some damiglng testimony whs Introduced that did int remotp nil their doubts, It Is naturally Inferred that the defense will b. picsslte. telling tell-ing entirely on the lack of direct etl-denre etl-denre by the htnte and tillering no theory to explain the tnuider. |