St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-25

Judge Smith delivered lecture on
articles calculated to prejudice the case
and make jurors more difficult 10 Sc
cure.
He cautioned the reporters, and the
! incident ended.
Edwin ParkeF's Position.
Twenty five of the third panel had not
reached the courtroom when the first
man of the afternoon, Edwin Parker,
was called He lived at SlS Seventh
| street southeast. He was found to be
a satisfactory man for the jury until the
'Opinion" question came UP. lie mad
one which occasioned considerable dis
cuSsion between himself and Erwin.
He took it for granted that reputable
newspapers intended 10 tell the truth,
and yet he did not consider their state-
ments convincing. He had served with
W. W. Hayward Oil a jury once, but
knew him only slightly.
The defense challenged for actual
| bias, and the trierS sustained the chat-
| lenge.
No. 9S, Benjamin T. Dickey. a native
! of Nova Scotia. who came to MinneapT
| oils in 1867, and was naturaliZed year
| later, and living at 32S Sixth avenue
southeast, was called. He had been oc-
cupied as a millwright and with the.
electric light company. Mr.. Dickey
had read BlIxt's and Adry'S confessions
and statements. but. in repOn5e TO
John Day Smiths question, said he had
formed no opinion.
Can you try this man fairly and I'M
partially?" asked the county attorney.
al think | can"
1--WE have no challenge for actual
bias" answered the state.
Have you talked this over with any
| one since you were summoned" asked
Mr.. Smith.
No. sir"
1--WE have no challenge" said the de-
Tense.
County Attorney Nye hesitated. He
| didn't know whether it was trap or
not, but he imposed no challenge, and
the eighth juror was sworn.
Nicholas JaaX, No. 80. a German sd
| loon man, was Immediately released.
J. Z. Young. 4 grocer at 500 Monroe
street, the hundredth man examined,
was excused, as he had served on jury
in May.
The first one of the second hundred
was J. w. Baird, of 22l7 Chicago ave-
nue., who sells sprinklerS in summer
| and electric heat regulators in winter.
| He came here in 1865, aud had served
as juror III the Bowker case.
Have you any prejudice against
capital punishment" Mr.. Nye asked.
Not where the conviction is clear. l
| wouldn't hang man on circumstantial
evidence"
The state challenged for implied
bias.
"Wouldn't you go more by the weight
| than the kind of the evIdence? asked
| Mr. Erwin, who evidently wanted just
| such man.
He admitted that he thought he
would be so governed and Mr.. Nye
withdrew his challenge after the fol-
! lowing question and answer:
Then. practically, it would make no
| difference whether the penalty was
death or Imprisonment for hfe"'
mo. sir"
Have you heard orread of this case?"
asked Mr.. Erwin.
Yes, sir.''
Talked it over at home and at your
business?n
Not a great deal at home; some
away"
Read Blixt's so-called confession?"
The heading only, think"
'HaYe you formed any opiniOn as to
| the guilt Or Innocence of the defend
anti"
other Parties in the Crime.
II do not believe l have formed any
actual opinion. There were conflicting
statements printed. | remember the
last one read me to believe there were
| other parties concerned in the crime"
The state challenged MIR. Baird
peremptCriiy-th third.
1872. Hess q. DuesIer, living at SO
Ninth street south, a clerk for the Mil
waukee road, at Elevator B, said he was
born in New York thirty i've years ago.
Had done some business with W. w.
Hayward.
do you entertain any prejudice
against capital punishment" asked
Mr. Nye.
Il do"
Don't believe in it?''
II don't"
A. n. Berggreu, living at 1907 Sixth
! street south, had cold which affected
! his hearing, and it saved hiul long
| term. perhaps. he was excused.
George Ihele, of 420 Third avenue
| northeast, who has harness shop at
| 1876 First street north, said he had lived
| here thirty-tour years. He knew
| Messrs. Nye and Smith, Mr.. Nye nav
| ing prosecuted the defaulting treasurer
Of lodge of which he was member,
the Koessel case. He did not believe i'll
| capital punishment and was excused
| w. E. Nelson, OF 1925 Fifth street
| northeast, son OF 3. +. Nelson, said he
| was i'll the paper and lumber business.
Knew Miss Cling slightly, she being a
| friend of stenOgrapher employed in
| his office. Thought the acquaintance
iOb+ II i'm in fri1 10
| excused for implied bias.
Cornelius Martin, Robbnsdale gar
| dener, resident in and near the city
! since his birth. thirty-fOur years ago,
was prejudiced against capital punish
! ment ana was excused.
! Henry Abbott. or James Henry, as his
| fill name proved to be, lived at Sixth
! avenue south. He knew Harry Hay,
! ward slightly and the attorneys, except
Mr.. Erwin; was not opposed to capital
punishment.
Did you ever serve here on jury
! before?" asked Mr.. Nye.
Yes, sir"
How long since?"
''In January, last year."
I DO you remember in what casc?'
after whispered conference with Spe-
! cial Assistant Hall.
mo. do not"
Are you sure 1t was not at the April
term?''
II am"
The state challenged for actual bias.
He Had an Opinion.
Have you formed any opinion as to
the guilt or innocence Of the defend
ant?'
II have"
Challenge admitted.
j. P. Wilcox, RichfieId farmer. born
| in New York. was the next venireman
called. Adry HayWard's mother-in-law
was Mr.. WilcoX's mothers third cousin.
! He had no prejudice against capital
punishment. but, by consent, he was ex-
cused on the third cousinship racket.
Peter Plunges, OF Seventh street
north, a retired book and sewing ma
| chine agent, said lie was born in Hol-
land. He believed i'll capital punish
ment. Had read the supposed confess
sions of BliXt and Adry Hayward, and