Show WHIT STONES TRIAL HAS all day occupied emean eling abury IT HAS NOT YET BEEN SECURED the defence will put up ui an exceptionally strong case caso the trial W will ill last the wook weak the tile whetstone murder trial opened yesterday morning in the fourth district court judge anderson occupied the bench having taken it at the request of judge miner iner who went down to beaver on 11 sunday nin su the liff history try of the shooting of deputy united states marshal J B mclelland aim by henry whetstone also at one time a debuty deputy marshal is as follows on n the evening of march 5 1892 0 ogden niiles esq deputy marshals ii st john and mcclellin Mc Lellin and whetstone stone had been in ili one of the card rooms in ili keck rabes saloon on washington drinking more or less lose during the evening ogden isilee and whetstone entered into a controversy tro versy over an tin old grudge which the tile latter hold against tile lawyer whetstone accused hilos hiles of treating liim him in nn in unbecoming manner in n in open court some years ago while w 10 lie e ani whetstone C tronc was yas a deputy mara marshal lial this accusation riled ailed Mc LeIlan abo in defense of hiles wanted then and then and there to fight it out with whetstone stating that hiles was liis his friend and that lie whet istona could not talk that way about liim whetstone told Mc mclellan LeIlan to ba be quiet that lie did lid not want any trouble with liim hint you arc are lice heeled led and consequently I 1 would have no show with you 11 at this Mc LeIlan cLellan pulled out liis his gun gull and arid laying it on the table wanted to fight it out anyway alio thoe e present interfered and the row and whetstone soon after left the saloon the next seen of liim bim lie was back ili the saloon standing dy the stove with OH icer steele and mr keck who tried to get him to go home this lie would not lie do presently Mc LeIlan with his hands in ili liis his trousers pockets came cie towards whetstone in the hallway between tile the card rooms As lie approached whetstone said mac dont you st step ep this wa way at tile same time pulling pui I 1 liia 1 I gun Mc LeIlan took no laced but kept on oil whetstone leveled liis his gun and fired at the moment the shot was made ho lie wai wag standing between and keck keek but lie turned and fled through tile rear door of the saloon mclellan tell fell to tile floor where lie ile was picked up and carried into an all anteroom loom drs gordon and springer were immediately summoned and took the wounded rilan man under their care ho ile died at 7 on tile morning mor of barcli ath whetstone had a hearin hearing before commissioner bisho bishop li and and on ty the c casad knitted to bail which lie furnished something over a month mont later the grand jury found an indictment and whetstone was then taken to tile pen ien where lie lias has been confined until ins its trial the court room was well filled with spectators interested in the case district attorney varian assistant district attorney EM allison jr and county attorney J 11 II mcmillan Ilan appeared for the tho prosecution and evans rogers for defendant the question of 6 subpoena b ce nacin cing certain was discus discussed sc durin during the tile carl early p part pirt of the tile forenoon session a after ter ali icat i a jurksas jury was called A number of petit jurors asked to be excused some gave as reasons the work on oil their farms others their ill health others their ignorance and two or three tile fact that they had buildings under construction and would forfeit illein their contracts the tile buildings not completed by tho the time stipulated which cold coid not bo be done if they were forced to serve well said tho the court there seems to be a great geat deal of building and prosperity going on here intimating that such excuses were never heard in salt lake or beaver A few were excused and the jurors were then examined on oil their statutory qualifications and joshua ash asleton toil who could not road read nor write and thomas conway who had not an all established residence here were excused examination by alip defense for cause WAS proceeded wath wi th until adjournment at it noon two jurors were dismissed for leaving a fixed opinion on the case at the afternoon session the examination N was nas as resumed and when concluded by the defense was taken up by tile prosecution at 3 p in seven jurors had been passed for cause and five excused five others were called to complete the panel of alich four were passed another was called examined and passed for cause thus far the following jury biad been secured after eight had been excused frederick jensen randolph andrew 1 hose pleasant view bolm alien mar orson lorrill portage alma tanner grouse creek IV 11 II simpson I 1 randolph richard howell Slat slaterville erville D IV gardiner huntsville T 1 I stevenson ogden bluford byle slater ville J W G gibson ibson north ogden A IS it hill wellsville then came the peremptory challenges the first being mado made by tho tile prosecution which excused john alien allen isaac gerson of ilyko park was called in ili liis his place and was passed for cause frederick jensen waa was excused by the defense and richard warburton of grouse creek was called to fill the panel bluford bybee was excused by the prosecution 1 oso cution and arid G Q 0 spencer of I 1 randolph t took liia his place tile defense excused NV 11 II simpson and john canfield of terrace waa was called but he lie was excused by consent of both sides as incompetent J W fackrell of randolph was called but was also sent back for having an opinion opinion II 11 L 11 II was called but challenged for being opposed to capital punishment ish ment wm win lowe of willard was sworn and passed for cause the court then adjourned until 10 this morning |