St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-26
Eyes. sir; that's what 1 mean"

L
far his mind is prejudiced by what he
has read
The challenge was submitted to the
triers on actual bias, and being found
true Ir. Jacques was excused.
". G. Smith, of 421 Irving avenue,
had read all he could get of the trial,
had talked about it with his family and
customers, had read the alleged state
ments of Blixt and Hayward, and final
" had the fatal opinion"
you would prefer" said Mr.. Nye,
mot to sit on the jury and to return
to your business?'
well. would prefer not to sit on
this jury, not so much on account OF my
business at this time of the year, how
ever"
Ex-Clerk of the Court George G. Tir-
rell, who was also rejected in the Dugan
murder trial. was next called. lie had
read a great deal in the newspapers. IN
Guiding the alleged confessions OF BllXt
and Adry.
Have you formed an opinion from
your reading Ill regard to the guilt OF
innocence of the defendant?
Il think it could be more properly
termed suspicion than an opinion"
Would it require evidence to remove
it?" asked Erwin.
at would require evidence to either
confirm or remove"
Would it require as creditable evil
dence as the coherent statements you
have read?"
Il am not certain as to whether The
newspaper accounts are true or false"
began the witness.
We'll, We cannot get at this unless
you will answer questions"
The question was read by the reporter
and Mir. TirreIl answered Yes"
lit would take strong evidence"
well, evidence OF as substantial
character as that which caused it?'
Your mind is not now clear, not free
from suspicion. and suspicion is the
product Of a belief"
MIR. Nyt's objection sustained.
Let me ask YOU whether. if you are
suspicious OF man, you are impartial
10 him"
Il think not in an inquiry as to the
charges against him."
Have your suspicious ever been re-
moved except by evidence or Observa-
tion opposing the evidence upon which
your suspicion was based?"
Possibly not"
IL NOu lIdu SGSDlCIOlI. WOulO lOO
prove impartial to the accuSed?"
Il think so. Yes. | do not regard
the newspaper accounts as evidence"
IF at the end of the case the testi-
mony should he equally balanced, your
present character of mind would not be
changed. would it?"
1T would then be my duty to acquit.
| think by the time the evidence was
all in my present suspicion would have
entirely disappeared.
You don knoWw
81 am pretty we'll satisfied"
AFTER man is indicted" said MI.
Nye. you have a suspicion until you
have heard the other Side?'
Mr.. Tirrell was peremptorily chal-
lenged
Charles B. Bemis, Henry Deziel and
John Anderson were excused.
Juror No. 8.
Charles Pribble, of Champlain. ma
tive OF Minnesota. had read tie papers
about the case. He was against capital
punishment, but his opinion would not
effect his verdict in the least, because
he would be sworn to go according TO
the law and evidence.
Il would have nothing to do with the
lIeYe in the law"
The defense passed the Juror and the
state inquired on the line of actual bias.
and discovered that the juror knew
something about the case. Mr.. Nye
didn't like the man and challenged him.
II have formed no opinion as to guilt
or innocence" he said. "Of course
have an impression. l don't know now
at this time what | feel Oh il.
MIR. Nye finally made the juror say
that he had formed an opinion if the
newspaper accounts were correct. The
state withdrew Its challenge, ana the
ninth Juror, being No. l26 on the call.
was sworn.
Mortimer Hvnes, J. Y. button, Charles
ANDERSON, George A Lane and Fred
a, Bird were excused i'll rapid success
sion.
A. S. Kimball, of Dayton, and 4
cousin of the sixth Juror chosen, was
challenged by the state because of his
doubtful attitude on the death penalty.
Gus Carlson, coachman for Ii. J.
WILDER. 412 Tenth street south, and 4
native of Sweden, twenty seven years
old, came next. He believed in hang
ing. He read about the Hayward case.
including the confession or BllXt, and
had formed all opinion as TO Harry s
connection with the case which would
require very strong evidence. He was
excused for actual bias.
Thomas I. Darcy, living at Edna viii
Iage, twenty-five years of age, said he
was farmer. He believed in capita
punishment. Had read about the case
including the confessions. and had hao
almost daily conversations He haC
nd nIlinTNn which Pnnln NOT hc
removed without mighty strong evi
dence."
Andrew A. Nagle, living at 40 Nnitt
street south. broker at 4OS NicOlle
avenue. born in Michigan. Knew Harry
Hayward slightly. Met HIM last SUN
mer. Knew Miss Cling about year anC
a half. but not intimately. Lived in The
same house with Thomas Waterman
one of uayward's intimate friends, wht
was brought into considerable notOrietl
Immediately after the murder. He haC
no prejudice against capital punish
ment. He had never had any tXeC
opinion as 10 the guilt or innocence o.
the prisoner. but might have had pass
ing idea.
He couldn't recall any definite opinion,
although he probably did lean one way.
; 1t would only require, slight testimony
if any, to remove that leaning. a chal.
lenge for actual bias by the defense
was sustained by the trierS.
Thomas Whirledge. Sl04 ThTty-foutl
avenue south. bricklayer, was oorn il
England and naturaiized at Columbia
City, Ind. He did not believe in hang
ing murderers OH circumstantiai EVIL
dence. A challenge for implied bia!
was admitted.
This exhausted the number of Yenire.
men of whom returns had been made,
and court adjourned until 10 O'Clock TO-
day with only one juror gain ed.
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