Omaha daily bee., 1897-06-09

Bennett, Neb., wnere he was farming, and
in Holt county, Missouri. 1Ie said he had
not been approached by any one connected
with the case, did not know the defendant
or his attorneys, had never spoken to them
and had no opinion in the matter. He was
passed for cause by the state.
J. " Shipley, the next man, sad he lived
at Florence where he was engaged In farm
ing lie eald he had not been approached
and had no opinion. He was passed.
w. +. Church replied in a very faint and
hestatng way to the questions OF the county
attorney. saying he lived at 1922 spauldng
street and was employed as stenographer.
He had read newspaper accounts OF the case,
but had not formed an opinion which would
require evidence TO remove. He said he mad
not been approached, and was passed.
Charles Tompsett, a painter living at 1913
Lake street, was also troubled with a very
weak voice and his replies were not audible
at a distance of ten feet. He was passed by
the state.
Robert Forgy OF Florence said he had lived
IN that place thirty-seven years. He had
formed no opinion and was passed for cause
Martin Spettler Of South Omaha said he
was employed in one OF the packing houses.
lie was passed for cause, his replies not be-
ing audible.
Judge Baker then required the other jurors
TO take the witness stand for examination so
their replies might be heard
Julius Rich said he lived at 1903 Chicago
street and had lived there for twenty eight
years He said he was born In Germany. He
had read newspaper accounts Of the case and
had formed an opinion which would require
evidence to remove. He was challenged by
the county attorney on this ground and was
questioned by Judge Baker. He adhered to
his statement regarding a fixed opinion and
was excused.
HAD NO OPINION.
A. L. Bartlett. 2213 Leavenworth, said he
had lived in this vicinity for the past fifteen
years. at Mlllard, Valley and Omaha. He
said he was a railroad clerk and operator and
had been in the employ Of the Union Pacific
Tor several years, and by the Missouri Pa
cihc year, but was at present unem-
ployed. He had read newspaper accounts OF
the case but had no fixed opinion. He had
not been approached, and was passed for
cause
w. M. Millen, col South Thirteenth street,
druggist said he had lived in Omaha since
September, 1894. Prior to that he lived in
Chase county, Nebraska. seven years, and at
West Liberty, Ia five years. He was a
physician and druggist. He had read or the
case and had formed opinion based on
what he had heard and read which would re-
qulre evidence to remove. He was ex;uoed.
f. Norton, 2201 North Twentyfirst street.
had lived at different points in this city
during recent years. He had read and talked
OF the case, but had formed no opinion. lie
said he had been employed as a railroad
brakeman on various roads up to the last
three years, but had not been employed slnce
that time. He WIS paesed.
Martin Tighe said he had lived at South
Omaha for the past seven years. Previous
to that he had lived on farm near Lincoln
for twenty years and had lived In Lincoln
q few years. He had read some about the
case but had not formed an opinion. he
was passed.
John w. Stiles, 1922 Patrick avenue, an ex-
pliceman, said ne had lived in this
county for the past seventeen years. lie
had not read sufficiently about the case to
form any fixed opinion and was passed for
cause.
NJ F. Singleton and T. e. Harris, both
colored men, were called to fill the panel.
M Singleton said he had lived at Twenty
second and Charles streets for many years.
He had read about the case, but had not
formed any fixed opinion. He was passed
MIR. Harris said he lived at 220 North
Thirteenth street and was a plasterer by
trade Had been employed as chair car
porter for the B. & NJ. during five years end
ing four years ago, and had worked in bar
ber shops as porter. Was now operating
shoe shining establishment Sixteenth
street. Had lived in Lincoln about six
years ago and had speaking acquaintance
with Mr.. Whedon. He said he had not
formed amy opinion and had not been ap-
preached by any one regarding his verdict.
He was passed for cause, .v.
This filled the panel and the county attor-
ney asked the court to adjourn until
o'clock. The jury was ordered kept in the
custody of the bailiffs and the members in
structed to avoid talking to any one
Late in the afternoon an information was
filed in the Office of the clerk of the district
court. 1t charged Wright. first and real
name unknown, with approaching George r.
Rathbun one of the jurors and offering
him SIS to vote for the acquittal of Barley
DEFENSE RAISES ITS VOICE.
When court convened at o'clock Judge
Baker asked Juror Norton If he had a case
nan linz in thn lfgtrt rtnt fNr ,,tz
ton replied that he was plaintiff in Norton
against Norton, an action for the removal
OF his brother as agent which had been
set for trial week ago. The attorney gen
eral challenged the juror for cause.
The juror was about to be removed when
Bartley's attorneys, for the first time since
the examination of jurors commenced, took
hand in the matter and objected to the
proceedings. Mr.. Mahoney went out, and
when he returned he said there was no such
case on file in the clerks Office He asked
to be allowed to examine Norton and ii de-
veloped from Nortons statements that the
case had not been fled but that there had
been an agreement that no summons should
be issued ard the case should be taken be-
fore one of the equity judges. He said the
case had not been called up.
s After q desultory argument on both sides
the objections to the juror were oyerruled
and Norton remained
The defense then commenced the examin-
ing of the jurors for cause, each man be-
ing called to the witness stand.
Jurors Cox and Shipley passed the exam
ination successfully
Juror Church partially recovered his voice
upon The witness stand ard testified that he
had been employed for several years at the
Nebraska National bank as stenographer
and book-keeper He said he had read news
paper reports regarding BARLEY and had
formed an opinion based on what he had
read but did not think this would prevent
him from deciding the case upon the evil
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