| Show SERGI WIRE IS WITNESS I I State Begins Marshaling Evidence Against Brownings I Special Dispatch SALT LAKE IARE Nov After n-After IS tI O week wiek spent In obtaining a a jury the tho state today put It Its II first wit wit- wit witness ness nus on the stand lan In the prosecution tion tinn of Marriner A Browning and Join Browning of Ogden charged with lIh the shooting of Benjamin F i Ballantyne the law in of John fohn Browning the hl witness was Lester F Wire II a police sergeant and Jio he was Os no soo er on th tha stand tho the old came up of whether Bal Bal- Bal nea nes dying stat statement ment could be admitted as evidence before b fore the jury jun M f L Ii Ritchie dIsmissed th lur Jury Into th the custody of ot the bailiff and then Wire gave his evi- evi evidence evi evidence dence The was vos to decide eVI at att atthe attha t the he afternoon session as es to lo whether this statement nt can be admitted as The court also was ta t pass upon the so-called so accusatory state state- statements ments made by Ballantyne at the hospital where he died 1 se Ili-se lh hse se statements were werl ruled out at UK the lh preliminary examination and ancHie the ruling out was believed to have hav played ai a part In the tho consequent reduction of the tho charge from first degree murder This charge charce later late sas ns restored through the action taken by br the Salt Snit Lake district at at- at attorney at torney torley OPINING T ST ST T District Attorney Rogers Roger made Ills his opening nJ statement to the jury jur when hen court was W opened The dis district attorney reviewed the out out- out sl features of tho the case and what the state expected to prove against the Ogden men who are cousins Then Police Pollee Ser Ser- St Wire was wa called caned Two pistols one owned by Mare Mar Marriner Browning with Ith one cartridge exploded and the othet owned by John Browning acre ero Introduced as Menee I also a floor plan of the home where 1 here the shoot shoot- took look place Wire Wiro told how he had been dis- dis dispatched patched dis-patched patched to the tho Ballantine Ballant ne home when hn n the tho police were notified of th the shooting He Ire said he found Ballantyne upon the floor of ot the home 1 with Mith Ith a pillow under his head and then he told of ot Ballantyne alleged ed statement I wanted to Ih the e but they would not lot let me This statement and the asser asser- asser assertions assertion tion the wounded man made be- be befort be before for fort fore his death at nt the tho hospital tn ho he gave his of ot thIS the shooting have not been made be- be betOt betote foil be-foil tOt tote tho the jury as a 3 let et and whether or not they shall go before tt e ejury Jury as cadence e Is to depend up- up upon u uon upon on the he judges judge's decision this after after- afternoon afternoon noon RE TIE EXACTED rED I Sergeant S Wire then described i I I how the shooting was re by the Brownings with William H Reeder Jr den Qs-den attorney a Is o present This re enactment took place after Ballantyne had been re- re removed removed removed moved to the emergency hospital According to the tha sergeants sergeant's de- de description description of the re-enactment re John Browning stood between Marriner Marrine Browning and Ballantyne and MAr MAr- MArriner riner fired tired over Johns John's shoulder at The Tho Brownings declare that hat Mar Mar- Marriner Mar riner fired d when he believed Bal Bal- Ballantyne Bal Ballantyne was about to shoot John Browning Sergeant ergeant Wire still was waa on th stand at the noon recess Taking Into consideration that the court wAs wA was not In session one day last week Tuesday week Tuesday November IS 6 election day exactly day exactly one week was wa consumed In In securing the ot of 12 14 men moll Examination of ot pros pros- pros pe Jurors Juror for tor the murder trial opened before Judge M of L I L Ritchie In the Third district court on Mon Men Monday Mon day November C S one week ago es yesterday At o'clock yesterday after atter- afternoon afternoon noon both bOlh sides had accepted the theIS IS 18 men mell then In the jury lury boC thereby excusing some ome 16 IS men who had been beal called c Uc on the th second special Mal cial venire of ot thirty In all about 66 50 prospective Pro Jurors had been ex- ex examined ex eJ examined during the week we wt lt lc the ex- ex examination ex examination having consumed a n reg rg regular ular ula- venire called cabled for tor November jury service those who responded to fo a rail call for tor 40 additional men and anda anda II a portion of a second special venire of 30 Each Bach side aide had one left when Attorney Marioneaux for the thed d fens failed ailed to I r his hili tenth challenge following examination of W It H Messenger Th jury that will hear the evidence e Is composed of the following NAMES ti OF JURYMEN m Nals Nola A Duluth avenue deputy assessor in the em- em employ employ em employ ploy of Salt Lake Jake county Fred W Price 1029 Eleventh East t Ir street et mining mining engineer W W VI Calder K street man manager ag ager r Consolidated Wagon Wag n and ond Ma- Ma Machine Machine Ma Machine chine company M I L W Dewsnup 1265 Perry ave ave- avenue avenue ave avenue nue eale sale man man Consolidated Music company Franklin B Platt Plait 28 2 East Third South street collector Stand Stand- Standard ard ard Furniture company Arthur Dangerfield 8 Ia East t treet cleric rk tor for the GarfIeld company Alfred Altred C C Thorn Horn Place salesman for the Z C M Of aL I George eorge B 1494 South Seventh East street commission merchant F Labrum Murray R n RF r I D o S 5 farmer OrI orge E Nichols Nichola East h South street carpenter Stephen Sephen R Marks Marka W West st Third South street clerk In the charity department maintained by Salt lAke Luke county I T vr TH H Messen Messenger er 1978 1 78 East street OF MATURE YEARS TEAKS Almost with Ith ft exception the J ry Is composed of ot men of mature years ears some In fact well advanced In sear ears In er e Instance the jurors juror In response to questioning admitted that they were Wert men of a family or at I least st had come from where whre there W were re brothers Id nd d sisters It nas waa In this Ihla connection connection tion that the defense e attorney laid I stress on questions re- re regarding re regarding garding sisters of f prospective jurors Ju- Ju I juI roll to the fact tact that the court to tot k an extra hour at the noon ln- ln on on of othi the Armistice day observance It woo Q I thought ht Improbable that the th jury luy Ju would be completed b by ad- ad adJournment ad adjournment ft rt t B 5 o'clock Accept Accept- Acceptance Accept ance by both aides sides of o the 13 Ia men merIn In the bo boy bo with each having a challenge to spare sparl came camo us os s a surprise sur- sur surl l rise to those In the courtroom Following the examination of fr Messenger for tor the th defense defence e held a 11 three minute con con- con conference ference In the judges chambers with the defendants and John lot H drowning It t was the conclusion of tris Ms brief conference that At- At Marioneaux announced i that the defense would accept the jury TELLER One of the tho e Jurors during the afternoon ses ses- ses session sion yesterday was Alfred E B Bob Boh- Bohlen Bohlen let len employed d as a teller In the th Continental Jl National bank k Much of he 11 examination of Mr Bohlen hinged on the fart fact that he had belli acquainted with Ith P I although hj hp h had nit n t been Intimately acquainted he h said heI I Under questioning by particularly Mr Bohlen e an nn unusual attitude In that he said h he would prefer to be tried by 12 men better belter qualified than thanh h ho himself was qualified were he hea hea t a defendant under the same acme clr cir cir- circumstances He also said ho he would woul prefer prefer his Jut jurymen men to have hoard less about the case than he had heard although claiming at the lh same time he would b be able Ito pass sa on the Iho evidence with an un- un un-bli un l blaed pd mind On defenses defense's def nInth the bank banI teller was ex ex- ex ex-cu ex cu-c cu cued ed d N ls S Forsberg who Is one of those Included ns na a juror was wa call call- called call called ed Into the box following follo Ing the die die- dis dismissal missal of Phil CUllen ton of Bing- Bing Bingham Bingham Bingham ham At one time In r response one to questioning by th the Mr Ir admitted that he ho had nn an opinion regarding the case but afterward Urd It developed that It was not aed a flied fixed ed opinion S ME FF TER An admission out of the tho ordinary ordinary nary was has expected 1 during the lh questioning of 1 Mr Ir Forsberg by At I Attorney torney 1 when the pro pro- I e juror n admitted that he hI I be-I be lon to th the same fraternal or or-I or or- or In which District At torney E A Rogers held member member- membership ship What at organization Is la it asked ed edthe the defense attorney lIr Mr Forsberg remained silent alien and looked ed fixedly at no district attorney who In turn whispered to Attorney Marioneaux across the tabe used by couns counsel 1 there 1 was a n stir among the spec when It was realized that n a prospective juror seemed unwilling to divulge the name of an rn organ organ- organIzation organization organ to v which be and a a public officer both belonged Again At- At Attorney Attorney At Attorney torney Marioneaux asked the ques ques- question question tion What hat fraternal organization la Is laIt Isit It to which you and the district attorney belong rho rhe Elks answered the juror was no further Ing Ing of ot Mr Forsberg re regarding hIs hia a I acquaintance wits nith counsel for the state Stephen R Marks fark who nho ho said he henas was n-as 0 a county was waa called Into the tho boC box alter after the states state's ninth had retired on of tho those e passed d on Saturday District At- At Attorney At Attorney torney Rogers Roger had some somo little dif dlf- dif difficulty with Mr or Marks owing to what at first seemed rn an Instructions ness to he bound by b the tha of the court as to the law At on one time ho he admitted he would follow the law but bUI bu that also as aa a jury he would ilo to come yome think think- thinking thinking I ing In reply to another qu question Mr Marl Marks q said ald he would t weigh the opinion matter thoroughly If It his ion did not happen to correspond wit the Instructions of ot the court IV hen then hen Judge Ritchie took tooka I a hind hand In the questioning Mr fr 11 admitted after a careful III had been drawn by the IheI court rl I that hat he would be bound hound com com- completely com I Ne by the Instructions an as to law lawand lawand Find and allow himself as n a juror to pass on only the facts as disclosed by evidence e nce bytho bythe An Investigation In was made by the rho court to ascertain how ow many Inthe of the special elal venire of ot 10 to were In the court when n 1 Mr Ir Bohlen was cased wase e on the defenses defense's ninth chal chal- lenge challenge and Mr Messenger took his place It was ascertained than tha about fifteen were ere on hand lland And ready to be called to the jury box Jl NO O No J o difficulties were encountered In the examination of Mr Men Mes- Mes who thought the law bw should be enforced as to rich as aswell aswell aswell well as poor and had no Atthe Althe compunctions about capital punishment At Al the conclusion of his the state waived Its tenth chal chal- chal- chal lenge challenge and the attorneys attorns for tor th the took the same action The jury was U sworn s after which the iuro furors were placed In charge sheriff's or special l bailiffs rl from the e sher sher- sher- sher h iffs iff's office tor for the purpose of go- go go going ing to their homes and preparing to to remain together until the case Is completed a 0 period variously es- es es QS estimated from 10 days to tn tour four weeks At th the adjournment of court It was W expected that Lester F Wire Aire a 8 po- po po lice lieI police pollee detective would be he the first WItness called for the state |
