St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-27
AND STILL IT IS nine.
One Man Is Hastily Plucked
From the Hayward
Jury
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.

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 OF the court
to an inadvertence on the part OF the
state. | know that | have tried to select
impartial men to sit OH this jury, and
know the defense has. | also know that
1 have asked every juror regarding his
belief as to capital punishment. lwiSh,
then, at this time to interpose chal-
lenge of implied bias as. 10 Juror
Newell"
There re some affidavits here" said
Mr.. Erwin, "that perhaps your honor
can read, and which will help your
honor to make up his mind OH 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
he produced in court. The at1idaylts
are not competent"
John Day Smith iEtcrpo5ed an objec-
ton, but the court held to the decision.
Mr.. Nye then turned to Mr. Newell and
asked him: -
"Have you opinions against capital
puniShmenl?'
u want to say" said Mr.. Newell,
''that have had opinions not in SYM
palhy with the law, but when l came
here and listened to the questions asked
tie jury, l 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.
| did not expect to be called as Juror"
This seemed sufficient to continue the
questioning, and Juror Newell TOOK the
stand to submit TO a 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?'
Il have had"
"When did yen lose it?"
"When came here"
"iow long ago did your mind
change?"
Il can't say"
''Now, did you have talk with man
named Hoyt. in which You stated that
you were unalterahly opposed to the
law?"
IL don't remember. l may have done
So"
"Did 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 guilty?"
81 don't think | made it as strong as
that"
did you not have talk with James
Garrett, the timekeeppr at the MjlWau
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 otf?'
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, "WheD | took the oath as
a 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 MIR. Newell replied he
would do his duty.
II 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. | want time to
| produce witnesses here. 1t is notorious
| what Mr.. Newei's opinions are"
Az Al i.,rr
! 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 you, Mr.. Newell,
said these things imputed TO you or
anything like them?'
III 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 q 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 in 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.
AS he passed by the reporters stand he
said. Pm free man once more"
George w. Cummings. of Richfield,
was called next. He had no opinions
against capital punishment and did not
know that he had expressed any views
as to uayward's guilt or innoce nee. He
| was let out, however. Samuel Barlow,
of 26l3 Sixteenth avenue south. an EN-
ploye of Fisher Bros, contractors, fol-
lowed. He didn't like capital punish-
mcnt and would vote against it in an
| election. A challenge for implied bias
was admitted.
John Denney. of 1903 First avenue
| south. forty-three years old, though
! married, was called. He is carpenter
by trade. He is in sympathy with the
law of capital punishment. He had
heard BliXt's so-called confession read,
but had formed no opinions about the
case.
HAS anybody talked with you about
the case?
mo, sir"
Expressed any views on the sub
ject?"
''No.sir"
The challenge for actual bias is
withdrawn" said Mr.. Erwin
You think you could be fair juror
in this case?" asked Nye.
II think 500
Excuse me just moment" said the
county attorney. as he went back to
talk with eX-Sheritf Eye. A moment
later Denney was accepted, and looked