The Anaconda standard., 1896-02-04
Jury FOR MANSFIELD
A Venire Ordered for 40 More Names
to Select From.
REASONS FOR NOT SERVING
The Case viii Be Resumed This
Morning-No Definite lndlca-
tion Given as to What the
Defense VIII Be.

The case Of David Mansfield, charged
with the murder of the boy Thomas
/ Lynch, at the Butte hotel on the 2Sth
/ of last October, was called for trial in
! Judge Speer's court yesterday morning
1 but was continued until 2 o'clock to
/ give the attorney for the defense time
/ to file an affidavit on motion for a fur
/ ther postponement of the trial on ac-
count of the illness of one of the ma
| terial witnesses. At o'clock no fur
| ther request was made for a continu-
ance and the work of selecting a jury
was commenced. County Attorney
Wines and his deputy. L. S. Booth,
appeared for the prosecution, and Miles
Cavanaugh and Francis Brooks for the
defendant. The first twelve men called
into the jury box were Ira Skidmore,
+. A. Getchell Thomas Boyce, c. f. b.
Pingle, w. =. Sherman, Jacob II. Beck,
It. p. Beebe, George S. Holbrook, Will
liam Curtis, william Bergman and
Pat Cosgrove. Mr. Wines examined the
jurors for the state and one of the
questions he asked Of each was:
Are you n member Of any fraternity
or secret organization that would at
this time cause a prejudice in your
mind against the defendant or the
state of Montana?"
None had such prejudice but Jacob
II. Beck had on opinion and was ex-
cused. Joseph G.. Horr. the next man
called, said he had no prejudice against
any effort to prove that the doctors
killed the boy and he didn't want to sit
on the case if there was any possible
way Of getting out of it, George S.
Beck and Patrick Cosgrove had opin-
ions that could not be changed by tes-
timony and they were excused, and
Joseph Shackleton and w. n. Boyer
were called in their places. Boyer also
had an opinion and was succeeded by
John Wilton.
on examination by Mr.. Cavanaugh
Juror Horr said he had a natural bias
against expert testimony but he
thought he could waive his feelings in
the matter and give such testimony
consideration.
"lf il should be made to appear that
the defendant was not responsible for
his act at the time the alleged crime
was committed and that he was not In
his right mind, would you give such
evidence the same weight you would
give TO other testimony" asked Mr..
Cavanaugh.
Mr.. Wines objected to the question
unless MIR. Cavanaugh would state that
insanity would be one of the defenses
The court sustained the objection and
Mr.. Cavanaugh said he would not in
sist on the question. The state waived
it's first peremptory challenge but the
defense exercised its right and excus-
ed Mr.. Horr. Ephriam Beer was called
and passed and the defense challenged
w. r. Sherman. Hugh /. Wilson, pro-
prietor of the hotel where the cutting
affary took place, was called but being
disqualified, he was excused. James
Shackleton, the next man, had con-
scientious scruples against hanging
and was excused. A. A. Earhart was
called and passed and the defense per-
emptorily challenged F. p. Beebe. who
was succeeded by Isaac Bechtel. The
latter was opposed to capital punish
ment and was excused. James Busk-
ley had an opinion and was let off
John Mcdonnell also had formed an
opinion but said he would try the case
fairly and impartially notwithstanding
II. The defense challenged Ira Skid
more and the prosecution challenged J. |
B. Henry, the next man called. VIII
liam Cole was called and passed and
the defenese exercised it's fifth peremp-
tory challenge and excused George S. !
Holhrook. Widen Pinkham, the next !
man, was acceptable to the state but |
the defense challenged him for cause |
becausee he was father-in-law to f. s. |
Booth and the court sustained the |
against the objections Of Mr.. |
Wines. James a. MurTay's name was
the last one i'm the box. Mr.. Murray |
said he was decidedly opposed to the |
death penalty and he was excused. |
The court ordered a new venire for |
~ names to he returnahle this morning i
whom the case will be resumed Tho |
eleven men in the box were permitted |
TO sparate.
Aside from the question asked a |
juror on the subject of the weight he 1
would give TO testimony showing that 1
Mansfield was not I'm his right mind 4
when he stabbed the boy. no indication 1
has yet been given as to what the de- /
fense will be
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So Pace 20.