The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-29

The regular panel OF twenty-sour Jury
men and a special yea!re Of eight ,alesmen
were exhausted yesterday IN the superior
court In an attempt To obtain a jury OF
twelve men 10 Try the case Of tie state
os Washington versus Patrick Burns.
charged with robbing Mrs. Norrfnglon OF
S-s5 IN the Diamond saloon last May. Tho
examlna ton Of Jurors began at Il o'clock
in the morning ano continued till 5:45 in
the Afternoon. Al that hour. the special
venire OF eight talesU.en having been ex-
hausteo, Judge JACOBS ordered court ad-
Journed till this morning a. $50 clock
The fact THAI fifteen Jurors were ex-
cused for cause" and that the defense IN
addition took advantage OF the SIX per-
emptory challenges allowed il by law is
an indication OF the remarkable nature of
she case against Burns and Burke. These
fifteen jurors were excused because they
had read OF the Sc in the newSpa pers or
else had discussed IL with other people,
forming an opinion as to the guilt or in
nocence Of the accused such as would re-
Qu!re evidence to remove. The record
made yesterday has never been saualed
IN the criminal court In King county In
any other than a murder case. OF one OF
equal importance. The court ana the at
torneys interested agreed that in this re-
gard the case was a record breaker.
Ono of the features of the day was the
courts admonltion TO the eleven Jurors
agreed upon at the close OF the days pro-
cesdingS. Judge Jacobs said. Il want YOU
10 be very exemplary in your conduct.
You will he kept together in charge OF a
sworn orlcer OF me court, who viii pro-
vide meals for you and place to sleep.
You Will obey the officer and hold no com
EnunicatioE with outsiders. You viii! be
permitted to read the newspapers after
the officer has cut out ali articles relating
10 this case. You will hold your minds
in the present condition until YOU have
heard the evidence in the case. the arsu-
ments or the attorneys and finally the
charge Of the court"
IL Is often customary for the court in
case OF this character. TO ask the at
torneys for the state and the defense
what they wish done with the Jury dur
ing the recess Of the court Judge Jacobs
oid not wait for any suggestions from
counsel but forthwith ordered the fury
into the custody OF an officer Of the court.
Nhen the case was called In the morn
ing Attorney Melvin G. Winstock moved
Tor continuance on the ground that the
defendant Burns was too i'll TO proceed
with the trial Burns came into court
looking pale and nervous with beads OF
persplraton standing thick on his brow
HIS deInsanor was that Of a man in a
bad way. but the court was not satisfied
that there was any good reason for a
continuance. and after hearing from DR..
Askam. who testified that aside from
nervousness the prisoner was as well az
any ordinary man, ordered the trial TO
proceed. Then the defense interposed a
demurrer TO the Indictment on technical
grounds. which the court promptly over
ruled.
At the afternoon session Burns sat at
table BY his attorneys. looking the pic
ture OF health. with plenty Of color IN
his face and complacent rotundness
about his form betokeuing a healthy ap-
petite and digestion.
The examination Of the Jurors brought
out the fact that the case had attracted
the most widespread notice from the
public. Three-fourths OF the Jurors ex-
amined had read OF Mrs. Norrlngton's
famous visit 70 the Diamond saloon and
her subsequent encounter with the gall
LIANT Burns and his companion. Burke.
A strange reluctance TO act in the trial
must have deferred many Of the jurors
from qualifying. the usual reply to the
questions OF counsel being that the Juror
had formed an opinion of the guilt or
innocence Of the parties which would re-
quire evidence 10 remove. One Juror was
excused because he had expressed a be-
lief that tie guilty should be punished
The following Jurors were examined and
excused for cause:
Thomas Gordon. James Kelley. p w
Navln. A. J. Wilks. J. w Twiss. Norman
Graves. ". O. Bradley. L J. Griffith, A
Windt, +. Wickstrom f. T. Russell. j.
T kenworthy. ]. T. Moore. Gordon Rice
and CT y. Bruins, Those peremptorily
challenged We're: j. r. Gordon and VIII
liam Morris. by the state and James Lid
die. J. r. Lloyd ]. r Jones George w.
Webster and Robert Allen by the de-
feDse.
The jurors agreed upon thus far are:
II. Heller. he Witt Clark Walter Walker.
I. l. Attebury. Owen Duffy. A r. Lew
is G. o. Bunneu, r. \. White. John
Nesary. Julius Johnson and J. r. Dixon.
A the beginning OF the trial Il was
agreed by counsel 70 try the men sep
arately. Accordingly the case against
Et,-~S "a