St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-25
NEWSPAPERS CALLED DOWN.
The Times and journal Do q
Little Explaining to
Judge Smith.
A DAYS FUNNY INCIDENTS.
TWO OF the Three New jury
men Are Hennepin CoUn-
ty Farmers.

Three new jurors were accepted IN
the Hayward murder trial yesterday:
John Kimball, farmer. Dayton.
Neil Mcneil, farmer, Champlin.
BENJAMIN /. Dickey, lumCerman, re-
tired, 328 Sixth avenue southeast,
Minneapolis.
This makes eight jurors already Sc
cured. so that yesterday was the best
day of the four which have elapsed
since the debonair young sport made his
appearance on Monday morning. This
was not entirely accidental either. 1t is
noticeable that. as the trial progresses.
the attorneys grow more and more in
clined to get down to business. Long
winded hair splittings as to the intri-
cate problems of mental philosophy are
being largely done away with, and
where it is apparent to both sides that
the candidate is unacceptable, and can
! be ruled out. the gentlemen find no
difficulty in letting each other know
without delay. This growing tendency
to expedite the work IS also noticeable
in the exceedingly short time which IS
spent with the questioning as to gen.
eraI qualifications and implied bias.
Mr. Nyc rarely asks q question under
the first head, and only occasionally
more under the second than the Ques-
ton, prescribed by law, as to whether
or not the vPnireman has any con-
scientious scrupies against the law pro-
viding a penalty OF capital punishment
| for murder in the frst degree. Actual
| bias is the only ground which now pro-
yOkes any extended cross-eXamlnation,
where, on Monday, the attorneys were
manifestly pugnacious, and fought
every inch Of the way where there
seemed to be possible chance of get
ting a Juror through.
The proof of the pudding is chewing
the string, and the good work of the
lawyers Is showing itself in The results
achieved. There has been daily an APP
/ pearance of acceIeration, which is sup
ported by the following figures:
On Monday there we're only q venire-
men examined; on Tuesday, %; on
Wednesday, "a. and yesterday. Sc.
! OF course it must not be understood
/ that the attorneys are giving up any
/ positive vantage points, except as they
mutually agreed to fOregO using their
/ friends. relatives or clients, and the de-
/ Tense is Just as tricky as on Wednesday
/ in its efforts to ecOnOmiZe in the matter
/ Of peremptory challenges. However, it
! did not succeed in entrapping the states
/ attorney Yesterday, although it once or
| twice had Messrs. Nye and hail puzzled
| as to whether the matter before them
was another Of the same devices which
they discovered on Wednesday. The
contest for the installation of such
veniremen as happen to be desirable to
! one side or the other is fought as vigOr-
ously as ever, the time being saved on
! the men whom it is plainly apparent, or
! very probable, cannot withstand the eX-
! animation successfully. And the at
/ torneys do not find much difficulty in
| agreeing usually.
/ In the latter part of yesterdays sese
! sion there was manifested by the state
| an increasing tendency to peremptory
challenges, probably due to the fact
/ that eight men, or twO-thirds of the
Jury. had been chosen before it had ex-
hausted half of its peremptOry chaI-
/ lenges. With the two peremptories
used in the session of the afternoon, the
/ defense has exhausted eleven of the
! twenty-one allowed it.. Including the
one used yesterday on j. w. Baird, the
state has used three, it being allowed
seven.
There was a depression from the reg
ular course OF the trial yesterday which
aroused considerable interest in certain
circles. but which was practically a
fiasco. At the opening of the morning
session Judge Smith called for the
/ Times reporter to call attention in open
court to a slight inaccuracy in the state
ment Yesterday morning concerning
the interview between Adry Hayward
aud his brothers. counsel. The Times
/ stated that this interview, one of the
most unusual proceedings in the history
| Of the court. had been granted by the
states attorney on an order from the
! Judge. The fact was that it was on a
( notice from Attorney Smith, of the de-
Tense. and not Judge Smith. The lat
ter objected vigorously TO the pubIica-
ton, which he thought would hold him
uD to ridicule in the profession
wherever the statement was published
When he learned that it had also been
published in the Journal" together
with a graphic description of the inter.
view, which, in view Of the fact that nc
| reporters we're present, he could moi
understand, and which was offensive
to some of the attorneys; he called the
representative of the journal to the
bench and pronounced it to be man
ufactured out of whole cloth, and charged
the reporter with contempt of court, ii
printing false reports tending to pr2Ju
dice the case at bar. The journal rep
resentative insisted that the article was
true and had been received from a sup
pOsedly reliable party, and that he sup
posed it WAS correct. The court iu'
formed the Journal man that he mus
divulge the source of his information OF
be held in contempt. He declined tx
DO so without first consulting his supe
TiOrs. and was given until O'Clock t.
produce. Before that time, however
there was a conference. at which there
was an explanation satisfactory to TIT
Judge, and nothing more was heard O
the episode in court As it is stated il
diplomatic circles, the incident" wa;
closed
The Fourth Day.
When court opened at 10 O'CLOCK
Judge Smith made objection to a state
menU III the Times to the effect that h
had ordered the prosecution to gran
the defense an interview with Adr
Hayward, and said it would be an I'M
heard of proceeding. lie also referred
to a similar statement in the Journal
and said that they were inclined L
prejudice the case. The error ARCS
from the fact of a confusion in names
1t was notice of John Day Smith, ant
not an order OF Judge Smith, that tht
interview was brought about.
The First Man Chosen.