Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-03-03
NO JURY EMPANELLED YET
Another Day Passed BY the
Court Examining Jurors TO
Try the Indian
Another Special Venire Or
dered and a Recess Taken
Until Friday
Causes for Which the Jurors
Were Excused Bench
Warrant Issped


counsel without getting a jury. Twen.
ty-three Of the twenty.four jurors sum
moned upon special venire issued Mon
day were on hand and their examina.
tion occupied the court until about 5.3O
O'Clock, when recess was taken until
Friday morning and a special venrc
was issued for twelve more jurors.
The jurors returned by the sheriff on
the special venire were as fon. ys:
Edward Wilson, Peter Mcye. S.
Pottullo, G.. A. Cameron, NJ. A. Nc
Pherson, T.. l.. Scrimsher, T.. w.
Adams, James Hunter, Thos. Beechy,
Lars Matson, =. Cregan, James Burke,
Geo Rainford, j. n. Fuckers, n. Loop,
f. T.. Briggs, G.. b. Coleman, s. B.
Lear, j. A. Hester, +. NJ. Watson,
Frank Luke, r. T.. BuImer, ID. j. Nor
gan and G.. w. Handley.
The court room was well filed with
"a liberal mixture Of Indians. Within
the rail were "a number Of the nttor-
neys Of the Whatcom county bar who
| watched with interest the proceedings
| throughout the day. g. G.. Thornton.
/ United States Indian agent for the
| Iulalip agency, sat beside Indian
/ George watching closely the proceed
! ings In the ease.
Major a. s. Cole and j. A. Kerr.
counsel for the state, and IS. II. Piles.
for the defendant, were in their places
| promptly on the hour for opening
/ court
The eleven jurors who had been kept
| together since Monday iu charge of 20
/ ballill, took their places and the roll
was called.
A. IS. Bolch was the first Juror cx-
amined. lie had formed % positive
] opinion Of the case aud wu- promptly
/ excused.
Peter Mill was then examined by
/ the state aud passed for cause. lie
was then cro---cX1mincd by Mr.. Piles
and, after "a tedious process, stated that
hc had formed AN opinion and was cx-
] cu-cl
j. G.. Inks, IS. y. Lear, T.. H. Pcy-
ran and j. T.. Coimun aud j. T.. Tuf
fric were excused iu rapid succession
. without crO---cXamiuatI0u, an having
] formed decided and positive opinions.
The examination Of Gen. NJ A. Me
/ Pher-on followed, and occupied con-
siderable time. The general did not
like 10 be- compelled 10 describe the
frame Of his mind by answering qucs-
tiOns. lie wanted 10 do the talking
and explain things in his own discur.
sive manner. lie was associated with
Moses Younkins IN the Kansas colony.
His wife had read 10 him the first news
~ 4
Since that he has been sick and read
nothing. He felt an impression that
the defendant was guilty. lie had no
positive opinion, "Only what came 10
him as an intuition" Counsel for the
defense in the cr0ss-examination, en-
deavOred b lead him 10 make the ad-
mission that he had formed AN opinion,
but he persisted that IL was only an in
tuition. lie admitted that lac had a
sli ght presumption that the defendant
was guilty, that 1t would take evidence
TO remove the presumption. Ia
answer to questions by the court hc
said his presumption would influence
him "neither pro nor con" in the trial
Of the case lie was challenged by the
defense aud the challenge was denied
by the court. Mr.. Piles came up again
on another tack. He asked him IL the
fact that Major Cole had filed an in
formation against the defendant charQ
ing him on oath with murder in the
first degree would have any weight
with him. He replied that It would
not. The juror was accepted and the
defense objected.
Thomas Beachy, Of New Whatcom
who was next questioned, is thus fa
The only juror examined who has beer
accepted by the defense without Obicc
ton. He had formed no opinion.
Patrick Creegan, Of Anderson Creek
and james Hunter, Of WhatcOm, hat
formed AN opinion and were excused
j. NJ. Rucker, Of Blaine, stated tina
he started IN believing the dcfcndau
guilty aud that he would hold 10 in
cumbent on the defendant to prov
! himself innocent, and was excused.
=. w. Handy, Of Sumas, is not al
elector and is therefore disqua flied.
James Burke, Of Anderson Creek
passed the direct examination, but ii
the crOss-examination admitted tina
he had an opinion and was excused.
Y. +. Bulmer, Of Sumas, was eX
cused on the ground that he was not
citizen.
+. T.. Briggs, Of Sumas, had no opil
= ion but was disqualified by adherenc
: 10 a perverted idea Of law, that the de
. fendant must prove himself innocent
4 He was excused.
] n. Loop, residing thirty-fve mile
= up the Ncoksack river, was passed fo
?. cause.
Lars MatsOn had not taken out hi
! = second citizen papers and was excused
. Frank Loop was excused because b
z Ia not "A citizen.
Frank Maier was excused beca "