Show COURT IN SESSION regular june term of district court john jepson on trial charged with burglary is found not guilty by jury the regular june term of the district court convened at the courthouse court house on monday morning with mth judge chidester on the bench there were pres ent the regular court attaches district attorney ericksen Enc ksen pearl jorgen se stenographer sheriff abbott and am bailiff hi christensen the will of dr herbert was presented for admission to probate and after hearing the evidence the court admitted the will and appointed mrs herbert as ad of the estate without bonds as provided in the will in the case of the utah credit mens alens a association vs dan hansen an order was made setting the tha trial of the case for june clarles cl arles short applied for naturalization papers on Tue tuesday day morning moraine court convened convened at 10 the petit jurors forthe for the term were present in court and after the hear yet ye act by bailiff christensen the jurors were sworn to answer to their statutory qualifications to sit as jurors all answered the questions of district attorney ericksen in a satisfactory manner except george Si swindle of monroe who stated that he be could neither read n nor or wl ante t C he was excused the other cullors jurors were accept accepted Ld and sworn the first case called was an alleged burglary burg liry case the state of utah vs john V J apson apson ephraim hansen hansen of ephraim f ped reLas ahe ut toiny lor the def defendant enfant and he read an affidi affidavit it to the effect that 0 ving vine to co the tha absence of erastus the most important witness for the defense it bald wo ild be unsafe unsafe to go to trial the af affidavit fida it set forth that wis was lying at lo lot loi i wayne coanta suffering crin with nith a broken leg eg and could not attend court the ci evidence dence of so enson is to the effect anat he was with jepson th entire night of the alleged burglary and that jepson could not have committed the offen aiena c without his knowledge ile he asked a conti continuance continuant nuan ot of the cae district attorney erickson appo opposed ed the continuance on the ground that the defendant had had ample time to prepare for trial and that the state having gone to so much expense they were ready foi the trial and would admit that corenon So renon was present when the alleged crime was committed the court ordered thit that the case should be proceeded with and a jury was as called E W crane was vas challenged for cause as he had formed and espres expressed ed the opinion that a man is not usually continued on eighth page COURT IN SESSION continued from first page arrested for a crime without some guilt being at the bottom of it mr crane is a resident of salina and had heard the particulars of the case mr crane was excused arthur henrie henne was excused althere as there was unfinished business between him and mr edwards whose saloon was burglarized five jurors were secured out of the first eight called J M lauritzen Laurit zeu was peremptorily challenged and excused by the defense the ury jury panel was completed shortly after 12 and a recess was aas taken until 2 when court convened in the afternoon the attorney for john V jepson asked the court to exclude all the witnesses in the case from the courtroom the order was made and all witnesses were sorn and ordered to refrain from talking about their evidence eNi e dence to each other district attorney ericksen enersen then made a statement stat ment to the jury of what the state expected to prove W H harmon the bartender of the edwards saloon in Salina was the first witness called he described the saloon and told of finding the rear vin window dov forced open on the night of the burg burglary larj he found on examination that to 2 gallon demi johnstad been stolen one contained brandy and the other port wine this discovery was made about midnight of the of march he had bad gone with the marshal tu to look for the demi johns and then returned to the saloon the defendant and nephi came to the saloon an hour or so later and the marshal was in the saloon he placed jepson under arrest A J lewis was as the next witness he testified that on the night of the alleged burglary he was in his room at the white house adjoining the edwards saloon and hearing a noise he looked out and saw the defendant jepson coming from the rear of the saloon with A ith a jug ug or demijohn demi john in his hard hand he in company with lehi peterson went nent to the relief society hall and notified the marshal that there had been queer doings around the saloon in company with the marshal he visited the rear of the saloon and found that a window had been pried 4 pen mrs A J lewis was the next witness she testified to seeing the defendant in the back yard of the saloon on the night of march she had retired to her room at the white house housa with her husband and hearing a noise as of being broken she went to the window and looked out of the window she saw a man coming from the rear of the saloon carrying something in his hia arms aims she called mr lewis and together they watched the man return down the lane and go to the rear of the saloon when he be reached the middle of 0 the saloon yard she recognized the defend ant and saw him from the rear of the saloon carrying what appeared to be a demijohn demi john the moon was shining brightly and the room she occupied was not more than 40 feet from the center of the saloon yard marshal frank told of I 1 the arrest of jepson which was substantially ly as told by harmon WEDNESDAY MORNING lehi peterson told of the night of the saloon robbery and how bow he had been told of the robbery and the sub sequent trip with anith archie lewis to notify the marshal he was N with ith the marshal aben he be visited the rear of the saloon and sw saw the evidences of the saloon having been broken open ile he also heard the bartender tell the marshal that two demi johns had been stolen one containing ionta Lontai ining ning brandy and one port wine the defendant john V jepson was the first witness for the defense he toli toh of being in the saloon up until the time of closing after that lie he visited the dance that was in progress at the relief society hall his hi stry was an attempt to establish an alibi HL hc claimed to be at the dance until about 12 and that he then went down town in company with erastus and charles henry gates and went into lewis drug store bought some candy and gum went back to the dance and remained there until the close of the dance then in company with erastus and nephi went down town erastus left them and they continued down to the corner went across to the saloon were ere nd ad cited by the bartender and he be was placid under arrest by the mar marshal hat on cross examination he admitted having been arrested a bumbel of times while in newhouse ee he was arrested for larceny about 20 months mentha since he said he had worked in a number of mining camps in different states in the west the jepson burglary ease case was resumed at 2 charles henry gates testified to being in the defendants company most of the evening on an which the saloon was as burglarized ile he would not state definitely that he be saw him every minute of the tune time but saw him most of the time louis larsen testified that he be saw japlon the dance hall about 10 and also sometime after 11 30 that night ile he was not positive as to the exact time at which lie he saw sann defendant machil Rasmus san cn testified in rebuttal that the defendant had ic quest ed cd on the coining after his arrest that he be allowed to go home to chinie his clothes th it he be ws w ts per bitted to do 10 and he changed the coat and hat in the presence of the marshal ahe defendant denied thi this 5 saying that he did not change his clothes but only requested to be allowed to go home and tell his oiher rn this concluded the evidence and the attorneys argued the case to the jury the jury went out at 5 and at one in the morning they agreed on a verdict of not guilty this was hardly in accord with what was expected by those who watched the proceedings |