The record-union., 1892-03-11
SMITH MURDER TRIAL.
The lmpaneling of a Jury Proves Slow
and Tedious Work.
A Sample of the Examination of Tales
men-The Regular venire Ex-
hausted-A Continuance.

The difficult task of impaneling jury
OF twelve unbiased citizens To try j. ID.
Smith, the saloon-keeper charged with
completely in the murder of Robert Allen,
was resumed before Superior Judge Van
Fleet yesterday.
The entire forenoon and aportion of the
afternoon were consumed and only six
jurors were secured, making seven in all.
The jurors are subjected to a rigid line
OF questions by the attorneys, particu
larly by A. j. Bruner, for the defense,
and only those are accepted who acknowl-
edge an absolute blankness and emptiness
OF mind as regards opinions and bias;
who know neither of the parties nor their
antecedents; who never heard of the
cruel hammering of Robert Allen, etc.
report OF the examinations would
consume too much space, and would be
nearly alike the following outline Of
what Talesman Adam Damn was asked
and answered will give fair idea of what
they were like:
The court first asked Mr.. Damn if he
had any prejudice against finding YER
dict involving the death penalty.
Mr.. Damn replied in the negative and
Did you know Robert Allen in his life
time? ?" he asked
Il did, was the reply,
''Are You related to the Allen family,
either by blood or by marriage?'
"No.n
tions with Robert Allen ?'
'Non
'Do you remember the circumstances
OF the robbery of Robert Allen?''
"I do.''
did you read the reports of the rob-
berry in the newspapers at the timer"
Il did,
Have any police officers made any
statements regarding the case in your
presence?'
mo. sir''
did you discuss the case?n
II suppose | did, in a general way"
From what you read did you form
any opinion as to the guilt or innocence
of this defendant ?''
i did at that time; yes"
Nv as that firm and fixed opinion 20
Have you that opinion yet?"
i have heard nothing to change it."
Then you could not give the defendant
far and Impartial trial, could you ?"
es, could give any man fair trial. -
well, it would require strong evidence
to remove the opinion you now have,
would it not?"
YES, ! would have to.hear evidence to
decide either way"
But, sir, you would go into the jury
| box with your mind prejudiced," :" insisted
Mr.. Bruner.
''YeS, because | have formed an opin-
ion from what | have read; but then, the
evidence might put a different light on
the matter"
Yet you would go into the jury-box
with that opinion?"
''Yes'
'And some prejudice? ?'
"A little that way"
Mr.. Bruner challenged the talesman on
the ground of actual bias.
District Attorney Ryan denied the
challenge, and directed few questions to
Mr.. Damn. ''If taken as a Juror he
said, you would decide this case accord
ing to the law and the evidence, would
you not?"
Yes, sir" was the prompt reply
Judge Van Fleet thought that Mr..
Damn would make good Juror and re-
fused to allow the challenge Of the de-
tense. Mr.. Bruner, however, resorted 10
one OF his peremptory challenges, and
Mr.. Damn was excused.
Three more talesmen were examined
and at 2 o'clock Clerk Whitmore an
nounced that the entire jury panel had
been exhausted.
Mr.. Bruner said he supposed the court
would issue an order for a special venire.
lie asked that this venire not be made re-
turnable before Saturday. That would
give the Sheriff time to get good men.
and would be of great accommodation to
the defense.
Mr.. Ryan said Monday would suit him
/ better, but Judge Van Fleet declared that
| the jury would have TO be completed this
week, and he thought that both sides
should be ready this afternoon
After some debate it was decided to re-
sumo the case tomorrow morning at 10
o'clock.
The seven jurors who have been ac-
cepted are Peter Wager, George Il.
Kuchler, Harry White; Henry Derr.
Simon Ash, Daniel Foley and George
! Clifford.