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

did You read the accounts ID the pa
pers about the case?
mo, sir; l don't take the Minneapo-
lis papers, and [ didn't have time to
read it ALL"
Did you talk il over with your FAM
lily, or express any opinion about it?'
mo. sir; | don't believe did"
"Have you any conscientious scruples
against the death penalty" asked MIR.
Nye.
mo, sir; 1 have not"
Have you any opinion in the case?'
mo. sir.'
You think you can hear the evidence
in this case ana render al impartial
verdict between the state and the de-
fense?"
II think | can"
1--WE have no challenge" said Nye.
1--WE have none" said Erwin.
Swear the Juror" said the court, and
John kimball No. 81. so far the only
farmer on the jury, took the oath, the
sixth juror sworn III to ''WeIl and truly
try the case"
Carl GuStafson. a plasterer living at
1913 Stevens avenue. No. 50, was the
second man called. He passed through
the preliminary questions safely and
did I believe everything the papers
say" About the murder he Thought
it was TOO bad. y Carl answered Eyes"
or mo" as the attorneys questions
seemed to prompt, and the crowd
smiled audibly as the two attorneys
tried to succeed in forcing each other
to peremptOry challenge. The ques-
ton was submitted to the triers, who
found it true, and GustaTSon was eX-
cuSed.
w. NJ. Archer, travelling salesman for
the BrOWning-king company, living at
1920 Stevens avenue south, was called.
He was so anxious not to serve on the
jury that when MIR. Erwin began 10
question him lie said:
Now, I'm going to ask you If you
have formed an opinion. You needn't
say which it is. A man did that yester-
day who was anxious to 90 on record"
II won't say which, but L have an
opinion"
does it go to the question of guilt or
innOcence?" inquired Erwin, touching
on the question gingerly.
1T goes to the question of guilt" said
the juror, imDresSlvely.
The crowd. court, jury and attorneys
all laughed at this. Even Harry Hay
ward chuckled.
IF that's your opinion" said Erwin,
looking around, Il guess I'll not try to
change it."
The unwilling juror, greatly 10 his
relief, was excused. and the man who
divulged where both John Day Smith
and Harry I. Hayward bought their
clothes will not be on the jury.
No. 81, Aug. StrOln, who keeps hotel
at 800 Seventh avenue south, and ma
tive of Sweden, when asked about his
position as to capital punishment said
he had two opinions; in Minnesota it
was legal, but he thought it was against
God.
"rhen you think the law of Minnesota
does not agree with the law of God?'
asked Mr.. Nye.
That's it," he replied.
The state challenged for implied bias
and Mr. Strom was excused.
No. So. w. X, Overmire. teller for the
Metropolitan bank, native Of Illinois.
Streeter, who was a customer of the
bank.
How long have you known Harry?"
asked Mr. Nye.
"Only met him on the street-haYe
known him that way eight or ten
years"
Are you in favor of capital punish
ment?"
Yes. sir. l am"
you have read of the case?" asked
Mr.. Erwin.
Yes, all about it. have an opinion
which 1t would require yeIy clear teSti-
mony to remove"
DO you believe it possible for you to
20 into the box as an impartial man."
mo, sir, do not. l have expressed
my opinion often"
The challenge for actual bias was ad-
mitted.
No. 50. John B. McDonough. of 2721
Fifth avenue south. was out OF tom at
the time of The homicide, but read all
the accounts he could get, and thought
it would take very clear testimony TO
change his mind. lie. too, was eX-
cused.
No. 90. Gilbert G. Hammun. of 12S
Howard street southeast, came next.
Have you any conscientious opinions
against capital punishment, against
hanging?" asked Mir. Nye.
II wouldn't like to hang man." said
he. simply. That excused him.
No 91-Willlam Il. Smith, publisher
of School, living at 1706 Laurel avenue,
was the next man. He was called as
talesman in the Kennedy murder trial,
but not accepted. He could not read
his title clear to American citizenship,
and was excused.
No. 92-Robert j Dean. of Brooklyn,
took the stand. Challenged for his nat
uralizationship, he was excused, not
being able TO produce his fathers citi-
Zenship papers.
No. 93-James Monahan, of 2450 Hia-
wOtha avenue, an enploye Of the Mill
waukee car shops, was called. AL
though he had read the Penny Press he
didn't believe what he had read.
Did you state to your friends that
you had no opiniOn?"
Il did so; yes, sir"
And that's the way you feel n0w?"
Yes, sir. He'd have to be proved
guilty before I'd believe it,"
The Ninth FeremptOry.
"Challenge withdrawn" said Erwin,
as he passed the man to the plaintiff.
you think you can try this case
fairly?'' asked Mr.. Nye.
Yes, sir"
NO challenge for actual bias" said
Mr.. Nye.
"V ell excuse the juror" said Mr.
Erwin, using his ninth peremptory.
No "a, Josiah TOwne. of 920 First
avenue north. was called.
f4A.-