The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-17
JOE CARTER ON TRIAL
A Jury Hearing Evidence on
killing Of Ling.
RACE PREJUDICE is RECALLED.
ssen who Dislike Cinnamon Are Chai-
ienzcd The Coffee Tragedy-wona-
en- Not scared by Profanity.

r. trial 81 Ioscrh Carter Tor killing
rssrf,s Ling. the Chinese cock on The
.sszusr ia no. August =. was commenced
a. ,Ne criminal department Of the superior
ao.srt Yesterday morning before Judge
c-avez OF Kltfitas and Yakima counties.
-te state viii undoubtedly finish this
..r,nsnr ard. although the defense has
@gsr twenty witnesses. g IS probable thai
ere ease viii e. to the Jury before 0 CLOCK
.nIs afternoon. Some trouble was exper-
senrsd a getting a jury. owing 20 race
y~ss,asec. ard fl several instances the
suti-~hfness Tiota reappearcd as just
eauses for excuEing 1urors.
rrss state had ali Of its vital witnesses
"a <ar ~ known. on tho stand but not
ore OF them saw the killing or could give
-. Assrriptlon Of the actual struggle be-
tween Carter ard Ling. Practically there
wee no differences among the witnesses
.s 70 tire row over the coffee. and the
,.,,nt came out that Harry Young. who
80 fhs prfnctuaf witness az the coroner'a
snouest and who will appear for the de-
senee was situated in position 3 here
te batter thnn any one else, could see
vbat was going or when the fatal knife
.hr7sgt was made. The attendance AZ thH
,no-nluy gezFlon was llRht bat during tho
afternoon there was q fair-sizcd audience.
carter entered the court roorn about F-79
O'clock, unattended. and t0nk a seat with
the space sci astae lNF fNlrH rIfEAtA4F
sr,erested IN the court proceedings IL
iooked neat and tidy and had no appear
ance OF a criminal. A. 9. Mcbride was
entered as associate counsel for the de-
ferse with ". II. Cay. and Judge Graves
announced that J. 7. Ronald would as
slst the prosecution
Carter drew his chair up close 20 that
o. HE counsel. and the process Of securing
g fury was commenced.
Ko., 4 aaffauf sns. p,.aIudfra
Prosecuting Attorney HASTE examined
,he first six Jurors who were all passed
for cause Mr. Ronald then took up the
ouestioping and after hauling Michael
carr. A farmer from Cherry Valley. over
the Goals as 20 his opinions on capital
punishment and prejudice against China
men pasSed him and tried his hand on r
n WIshaar, who said he did not like the
idea Of passing death sentence on any
nan. Mr. Ronald Immediately challenged
the Juror. but with equal promptness Mr..
Cav resisted the challenge or the ground
that Mr. wishaar had not said he would
not pass death sentence II the evidence
warranted II. Judge Graves asked Mr..
wlshaar to answer Mr.. Ronaid's questions
as 10 his conscientious scruples on the
death penalty.
THAT IL a hard thing for mo TO do" re-
piled Mr. Wishaar. because III took the
oath OF juror ] could not 40 by my opin-
IONS
''weil. am satisfied YOU would go by
the evidence" said Mr. Ronald. so ! viii
withdraw the challenge"
Tx-neputy CITY Clerk Winchen was
next In lire. and ne was so tentative OF
the position that he had an opinion that
Judge Graves decided IL was best 10 ex-
ouse him.
NJ Dishon, who was running the Chron-
icle IN Seattle az the time OF the Chinese
riots but who was not in the city the day
81 the trouble was passed by Mr.. Ron
aid. who Immediately went into consulta-
ton with Mr.. HASTE.
What states have you lived inn" asked
Mr. Cav
Mr Dlshon said that he had lived in
Missouri before coming 70 Washington.
"How long have you known Mr.. Rom
ado
Ten years
"pid you know him in Missouri"
"Eo"
smile rassed over the faces Of those
IN the court room, and even Judge Graves
had hard work 80 refrain from smiling.
TIE mention OF Missouri reached Mr.. Ron
ala and he pricked IN his ears What's
that about Missouri" he whispered 10
Prosecuting Attorney HASTE. Mr. HASTE
had not caught the point. SO tho repreFen
tatives % the prosecution had 10 remain
IN the dark
The state challenged c. F. Towsley on
the ground that ne had served as a iuror
on an open venire in the Anthony Harm
murder case last spring. or within one
year from the present trial Judge Graves
sustained the challenge under tho law Of
1851
The state excused n a. Bigelow on its
rrst neremutory challenge on account Of
his prejudice against Cinnamon.
Points Of Law Decided.
A knotty problem came up IN the ex~
animation Of John T Mitchell The state
challenged him on the ground that he had
hnen summoned before within the year.
Mr.. Cav resisted the challenge because
the law said summoned and attended as
Juror" Mitchell had heen called at the
Murphy trial but was excused. 90 Tho
touht came on the meaning 81 tho word
attended a." The Judge ruled 'n FAVOR ~
the state. \ little later Judge Graves de-
cldeA that n y perfmUtoTY challenge was
waived n dia not depriVe tine defense ~
IT'S regular number Of challenges hut put
the defense i1 the position % havlnE ac-
cepted all TIE jurors up 70 that point
The iurv as NOW complete and both SIDES
accented H.
Prosecuting Attorney lfastlc said before
ihe tlirv was sworn he desired 20 indorse
the name - Jack Mcdonald as q witness
for the state The defense objected
s'rcnuCIslv. claiming thar - vas entirely
Too late % ccue into court and name as
Witness q man tie state had had in iis
employ f.~ ccr-.lr Iahlc tiWo. judge
Graves hcll wlta the defense ~ tho cN-
tent az making tue state show what it In
tended - Ho wttA Che Uitness ana Nr
tastle t..2sd speculation hy saving it wes
m'1plv e identify plans. etc. 81 The
steamer I3aho
Niu.s.-J p ar .ilo jury.
The Dry. which VAS made up rs follows.
was taeu sworn. W. J. Forrest, ox-cour-
Is Au1ttl r Fsfafsfrn c.rrev+nr q