Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-05-01

week; think he said 1t would be hard
to get ajury; have been in three or -four
times, but did not talk Of the case but
about twice; he (Nash) scnt for me once
or twice, and went up to SEQ him; l
could not find out what he wanted; when
Judge Mcconnell came into tho office we
were talking, perhaps in confidential
way, but I do not recollect whether we
were talking about the case.
John Miller had formed an opinion
from what he had read and heard, and it
cannot be displaced by evidence. "stand
aside."
John Rookie lives in Towner county
the case In the Cando paper; heard per.
sons talk about the case at tho Tower
house since arrived in town; have not
expressed an opinion; have no conscien-
tious scruples against tho death penalty
In q proper case.
John Daily heard part Of the testimony
at the coroner's inquest and haye read
accounts In the papers; have formed an
opinion which cannot be changed by
evidence.
E. S. Hyde excused on account Of sick
nsss.
H. NJ. Vannier had formed an opinion
from what he had read; 1t would require
evidence to remove 1t; have expressed
1t openly and publicly; don't hardly
think I could put aside the conclusions
which have formed; have not talked
with any Of the witnesses; don't believe
in capital punishment. Excused.
Jas. Marks couldn't say that he had
heard the testimony narrated but had
read considerable al out 1t; have formed
an opinion; can't enter upon the case
till my opinion is changed; if the evil
dence was equally balanced would give
the prisoner the benefit Of the doubt {;
Notwithstanding this opinion the prison.
or should have the benefit of tho doubt {;
my opinion Is fixed, but subject to DO
changed by evidence; if am chosen a
juror I would try and docide on the eyi-
dence; don't remember OF talking with
any ono who saw the shooting, or who
will probably be q witness.
Sam Wineman being questioned said
he had talked with some persons about
the case. He had formed al opinion
from what he had heard and read in tho
newspapers. Itwould take considerable
| evidence to change his opinion. lie had
talked with persons who were ut tho pre-
liminary examination; but with no per
son who had boen at the shooting. He
thought he could hoar and try the case
fairly on tho evidence. Has been ac-
Iuuaintcd with Oswald for about three
wears. Has had no conversation with
| anyone In regard to tho case since he was
summonad aa a juror. Oswald's cousin,
John Seibcr, was a friend Of his.
James Dumphy had no conscientious
scruplcs rs to capital punishment; moi
ther had Pat Kelly, NJ. II. Lynch or Jas.
Mccormick.
A panel of twelve jurors having been
selocted composed Of Jas. Dumphy, JOS
Koogh, A. J. Bergh. Louis thinner, Pat
Kolly, Michael Lynch, James Rookie
James Marks, Jas. Mccormick, J. G..
Lamoreaux, Geo. w. II. Davis and Sam
Wineman, the prosecution peremptorily
challenged Sam Winsman and j. q. Lam.
oreaux, and tho defense pcremptorily
Davis, X. j. Bergh and Jas. Marks.
This left six who will DO of the Jury tc
try tho case. Their names are James
Dumphy, Jos. Keogh, Louis Zlmmer
Pat Kolly. Michael Lynch and James
Rookie.
The names of Louis Stoeser, Robert
Wilmot, VIM. Elliott, Martin VanLiew
w. H. Standish, Peter r. German and
E. LaRue were selected from tho Jury
box. These gentlemen were called and
sworn as to their qualifications as Jurors
w. II. Standish claimed his privilege
as an attorney and therefore exempt from
Jury service; and no was excused.
VIM. Elliott had formed an opinion;
said ho could hear tho evidence and try
the case fairly.
Martin vanLiew did not know that he
formed an opinion, and thought he could
try tho case fairly.
parties to whom the case relates; read
tho evidence taken before tho coroner;
had formed an opinion; but II could be
changed by evidence If he thought II
was the best evidence; challenged by de-
fcnse for actual bias.
Il. I.aRue was acquainted with defcn-
dant and with McWceny; had formed
an opinion.
Robert Wilmott had somo tito trouble
with McWceny when ho was alive, but
had forgiven him when he died; have
been acquainted with Oswald for about
a year; prosecution challenged Mr.. Will
mott because he was partial; he was OK
cused by tho court.
A. s. Pattie's name having been drawn
from the jury box, he was sworn AZ to
his qualification to serve as juror; he
knew tho parties, McWeeny and Oswald;
had an opinion formed from what he had
heard; did not think his opinion was sc
we'll formed but that 1t could be changed
by good evidence. =
Louis Stoesser lives near Grand Har-
Dor; Is farmer, but kent saloon at the
Harbor for awhile: last December took
the papers, published here In town; had
heard the case talked of. but did not
know that he had formed an opinion
have known Oswald and have always
been on good terms with him; knew Nc.
Weeney about three years; have nc
opinion. although he had read of the
case and talked oft.
Martin VanLiew had known Oswald
for about two years; was not very we'll
acquainted with McWeeney; had no con-
scientious scruples about hanging If the
evidence is sufficient to warrant It.
Jno. McDevitt stated that he had cn.
gagged In the past week circulating pe-
tiiton in behalf of Mrs. McWecney, but
did not know that it was to pay counsel
III the case; have formed an opinion and
feel biased. Excused on account of bias
| Dennis Doheny had been acquainted
with defendant for several years and is
friendly to him. Excused because OF
conscientious scruples regarding capital
punishment.
John NJ. Swanston had an opinion
formed from reading the account OF the
shooting in the ISTER-OcEAS; will obey
the instructions Of the court and try the
case fairly II am selected az juror.
The prosecution peremptorily challen-
ged Louis Stoeaer and Martin Van Liew
and the defense Peter T. German and
John NJ. Swanston. This, after allowing
challenges excused, left William Elliott
and A. s. Pattie as the seventh and eigth
Jurors to try the case.
JOS. Graham had thought Of tho case
some, but haye not formed yorY lecid
ed opinion.
Jas. McCanna had heard some OF the
case and had read the newspapers; thinks
he feels bias about the case which ht
cannot throw off at will.
Ed Lohnes had read of the case and
heard 1t talked OF; but has not talked with
any Of tho witnesses; is not conscious o.
any bias existing In his mind. Could try
the case without prejudice.
| Albert Gets had heard tho case talked