St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-27
AND ANOTHER SUBSTITUTED
Attorney Nye Puts Some
Pointed Questions to
Juror Newell.
BEARDLESs BOY OF NINETEEN
Creeps in Among the Venire-
men--He Is Quickly
Excused.

The impaneling Of jury in the
Harry Hayward murder case dragged
perceplibIy yesterday. Ele ven veniTe-
men were examined, and all but one re-
jected. Ira Newell, the first juror &C"
copied on Monday, was asked TO step
down because of his views Oh capital
punishment. The jury, therefore, stands
at nine. It is believed the other three
Will lie secured Monday and. Tuesday.
and the trial opened on Wednesday,, At
the opening of court Yesterday morning
County Attorney Nye said:
MAY it please the court, desire at
this time to call attention or the court
to all inadvertence on the part OF the
state. know that have tried to select
impartial men to sit Oh this jury, and l
know the defense has. | also know that
1 have asked every juror regarding his
belief as to capital punishment. wish,
then, at this time to interpose chal-
lenge of implied bias as, TO Juror
Newell"
"Thera are some affidavitS here" said
Mr.. Erwin, "that perhaps your honor
can read, and which will help your
honor TO make up his mind OIL this ques-
ton"
The discretionary power of the court
is very broad" said Judge Smith. 1.-The
challenge may be made, and, if found
true, then the persons themselves can
be produced in court. The atfidavits
are not competent"
John Day Smith irterposed an objec.
ton, but the court held to the decision.
Mr.. Nye then turned to Mr.. Newell and
asked him:
Have yon opinions against capital
punishmenl?'
II want TO say" said Mr. Newell,
''that have had opinions not in SYM
pathy with the law, but when l came
here and listened to the questions asked
the jury, made up my mind that had
no right to interpOSe my opinions
against the others in this case. When l
touk my oath 10 carry out the letter OF
the law, made up my mind to do so.
l did not expect to be called as juror"
This seemed sufficient to continue the
questioning, and Juror Newell TOOK the
stand to submit TO catechiSing as to
capital punishment.
What are your views regarding cap
ital punishment" was asked him.
II never would have gone to the leg
islature and helped frame such law"
"You have, then, an opinion against
capital punishment"
II have had"
"When did yen lose it?"
"When came here"
"How long ago did yoar mind
changes"
noDst zttsss-
'Now, did you have talk with man
named Hoyt. in which you stated that
you were unalteratly opposed to the
law?"
Il don't remember. l may have done
So"
'Dd you have talk with E. A.
Studebaker, in which you said that you
would stay out till you died rather than
bring in verdict of sulty?'
81 don't think made it as strong as
that"
did you not have talk with James
| Garrett, the timekeeppr at the MilWau
| kee shops, that if you were drawn on
the Hayward jury you knew how you
| could get off, that you would simply tell
| the lawyers that you had opinions
against capital punishment and they
would let you off?'
Il don't remember having sad any
| SUCH thing"
One or two other questions were asked
Mr.. Newell regarding his conversations,
some of which he denied, and others he
| could not deny, but might have said. He
| finally added, "Wheu | took the oath as
Juror | considered myself as an honor
able man to try this case, laying aside
all my prejudices and trying the case
according to the law and the evidence
Mr.. Nye pressed the question home
| to Mr.. Newell with pertinacity. and
finally submitted the challenge to the
| court. The defense asked question or
two to which Mr.. Newell replied he
would do his duty.
Il submit" said the county attorney.
"that if the defense want this man to
sit on the jury and are not willing to
admit the challenge. l want time to
produce witnesses here. 1t is notorious
what Mr.. Neweli'S opinions are"
You may have till Monday morning
to produce witnesses i'll this case" SAID
the court. eff this be true as charged
by the state. the juror ought not to sit
OIL the jury"
"He don't deny it," said Mr.. Nye.
LET ME ask one question:" said John
Day Smith. Have yod, Mr.. Newell.
| Sdlu tHeoo tHlilsa Iinputcu " YOU oi
anything like them?"
II don't remember" said the juror.
stroking his beard. 1t is possible |
may have said something OF that sort
within month"
MIR. Nye followed this with a short
statement regarding the case. when Err
| win arose and delivered short address
to the court affirming his belief in the
jurors integrity. Said he, After the
first juror was selected, the states at
torneY reached across the table and said
to me. 'Pd trust my life i'll his hands,
So would |, but for the purpose Of pro-
noting harmony. Pm going to admit
this challenge"
MIR. Newell was then excused, but be-
fore leaving shook hands with all the
attorneys around the table and bowed
to the eight remaining jurors in the box.