The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1896-10-10

renee, Mr.. Noble doing the eXamina-
ton, and was passed for cause. Attor-
ney General Cowan, then, for the
State, cross examined the juror, and
his replies being satisfactory, he was
accepted as juror, which completed
the panel Of twelve, their names be-
ing:
l. John Sanderson,
2. James Whitmore, -..
8. Frank Comartin,
4. Joseph N. Peet, .
5. Ralph Schoonover,
6. George Edmundson,
Z. Caleb Garrison, jr.,
8. Sidney Dennis,
9. William J. Elliott,
10. George H. Fairies,
II. Robert Nichol,
IL. James Cromar.
Of this panel Geo. Edmundson, of
Omemee, was struck off by the State
peremptory, and VIM. Critics, of Will
low City, was sworn and examined by
the defence and was passed for cause
The juror was then cross examined by
the State, which interposed challenge
on subdivision 2, section s163 Of the
code. The defence denied the chal-
lenge on the ground that it was not
taken in time, and the juror recrossed
by it, the line being that Mr.. Critics
did not find any fraternal relations of
the secret society to which he belonged
which would be in conflict with his
duties as citizen of the State. The
State still insisted on it's challenge that
the juror would allow his fraternal re-
lations to bias his judgement in arriv-
ing at verdict, which the court sus-
tanned and the juror excused, being
excepted to by the defence.
N. P. Hansen, of Willow City, was
then called and examined by the de-
fence and was passed for cause, the
State not resisting.
Thomas Brooks, was next called and
sworn, Frank Comartin being peremp-
torily challenged by the defence, and
was challenged for actual bias, which
the State resisted, but later withdrew
and the juror excused.
George Dixon was then called and
sworn and examined by the defence,
and was challenged for actual bias,
which was resisted by the State, but
was Withdrawn and the juror excused.
r. M. Wright was next examined by
the defence, and challenged for general
disqualification in that he is not citi-
zen, not having taken out his second
papers, which was not resisted by the
| State.
Jerry Thompson was the next Juror
sworn and examined by the defence,
and was passed for cause and acquies-
ced in by the State.
Frank Comartin and Geo. Edmundson
were then excused, under their per-
emptory challenges, and the court
took recess until 80 p. m.
AFTERNOON SESSION.
Court met at 1:sO as per recess, the
jury was called, and the State further
questioned Mr.. Geo. Fairies, one OF
the panel, passed him for cause and
accepted the jury as it now stands,
with Messrs. Hansen and Thompson
taking the place Of Messrs. Comartin
| and Edmundson.
The defence peremptorily challeng-
ed John Sanderson; and Mr.. w. S.
Morden of Willow City was called
and examined for jury duty, and chal-
lenged for actual bias, having formed
and expressed an opinion. The State
then cross examined the juror, and
after an argument upon law points the
court granted the challenge Of the de-
fence and the juror was ordered to
stand aside.
Adolph Schwanke, living near Will
low City, was next called and examin-
ed by the defence, and challenged on
the ground of general disqualification
in that the juror did not thoroughly
understand the English language.
The challenge was resisted by the
State, but the court sustained the
challenge Of the defence, saying that
the juror said he could not tell what
was meant by "the innosence or guilt
of the accused" and excused him on
the ground claimed by the defence.
| T. w. Hutchinson was next called
and challenged by the defence for
actual bias, which was not resisted by
the State and the juror excused.
Chas. Baird was called, examined by
the defence, and challenged fer actual
bias, which was not resisted by the
State, and the juror excused.
e. III. Richards was called, and on
examination by the defence was chal-
lenged on the ground Of actual bias,
which was resisted by the State, the
resistment sustained by the court and
exceptions taken by the defence.
The State again expressed itself as
being satisfied with the jury, and, the
panel was passed to the defence for its
| action.
Mr.. Richards was peremptorily
challenged by the defence, and Mr..
Geo. A. Streese was called and ex-
amined by the defence, and challenged
for actual bias. Resisted by the State,
but the court excused the juror and
said, in doing 50 that he seemed to
have private set opinion Of his own"
as, during the course Of his examine
tion the Juror stated that he would
believe the law as given by the court,
i if the court was right. Comment is
unnecessary. IN
/ The next juror was Julius Becker,