The Anaconda standard., 1898-02-10
JURY SECURED At LAST
An Entire Day Put in in Its
Selection.
NUMBERS WERE EXCUSED
The Account of the Preliminary Hearing
as Published in the Standard Had
Much to Do With the Qualif-
cations of Jurors.

About every citizen of Deer Lodge
county is either indebted to the Copper
City Commercial company or is care
full reader of the Anaconda Standard
either of which two things is enough
to disqualify one from serving on the
jury in the case of the state of Mon
tana against Clark Scott Galbraith.
During the selection of jury yester-
day in the above mentioned case the
man who owed the Copper City Com
mercial company ever so little or who
had kept himself posted on the ques-
tions of the day might as we'll have
stayed at home as to have tried for a
place on the jury.
The entire day yesterday from $50
o'clock in the morning to II o'clock
noon, from 2:3e to 4 o'clock and from
7:30 to $3.50 O'Clock p. m. was put in in
trying to get IL men who We're quail
fled to render a fair and impartial ver-
diet on the matters that may be sub
mitted to them.' The regular jury
panel was exhausted in the morning
and special yenire was issued for Sa
new talesmen. This venire. too. was
soon used up and Il more names Were
called for.
wrangling between the attorneys in
the selection of jury. This was due
no doubt to the emphatic manner in
which Judge Brantly had choked off
discussion in the beginning of the pro-
ceedings. The respective sides had
counsel galore. County Attorney Trip
pet, J. II. Duffy and George Haldorn
appearing for the defense, while Judge
Mcconnell w. B. Rodgers and ]. G.
English represented the defense. In
lieu of the lack of wordy contentious
between the lawyers yesterday, 1t is
expected that to-day will be strife
from the time court convenes until it
adjourns.
There are two informations against
Galbraith, both for grand larceny. The
one that he is now being tried on
charges him with having stolen 10
sacks of sugar from the Copper City
Commercial company on Sept. p last.
If convicted of the crime, the punish
ment is fixed by the statutes at any
period from one to fourteen years. 1t
is thought that a great number of wit
nesses will be called by both the state
and the defense. The court room at
the afternoon and evening sessions yes
terday was crowded to the doors and
to-day, when the real trial begins, Will
doubtless witness crowds of spectators
who will find it hard to obtain admis-
sion.
The selection of jury was proceeded
with at $3.50 o'clock. Pat Walsh ad-
mitted that he was indebted to the Cop
per City Commercial company and the
defense challenged him for cause. He
was excused. Bullus Parrot also owed
the Copper City something and he was
also excused for cause.
The state excused Mr.. Gordon on its
first peremptory challenge. The defense
waived its challenge for the present ana
the state excused Thomas Mcdonald.
The clerk was then Instructed to draw
a venire of 35 names to be made re-
turnable at 2:30 o'clock. The court eau
toned the II men in the jury box to be
cautious in listening to discussions OF
the case and warned them not to permit
any person to talk to them about the
case after which they were permitted to
2:30 in the afternoon. Those excused up
to the time of the recess were: Thomas
Mcdonald, = Barton. John j. Johnson,
George Gordon, c. A. Barker, Steve
Henault, B. F. Crosswhite John Barko-
vich, Steve Harvath, Pat Walsh and
Bulas Parrot.
The venire was for the following
names, the first named Il of whom were
found and service made: John kaine,
Marco Harbolich. F. 3. Wright, B.
Radefeld, G. B. Welcome. John Lapn,
e. B. Heagy. Joseph Richards. r. Y:
Peckham, E. A. Waterbury, Fred
Gangner A. Slaughter. II. Vollenweider,
William Walsh, Hugh DAILY, A. J. Nc
Donald, d. C. Mcdonald, c. jacobson.
Joseph LaPoint, c. c. O'Neill, Charles
Hunt, Dan McCaffrey. Joseph Dee, Will
lam Worth, August Swanson, George S.
Waddell. William Dobson. Charles Riv-
ers. Thomas Stevens, l.. G. katexsin. j.
r. Kelly. Malcolm Ottson. John Watts,
David Daniels and r. W. WanZer.
There were the various excuses Of
fered. Most of them were of business
nature. f. 3. Wright said that he had
a carload of wall paper on the sidewalk.
which he ought to get inside. The fact
that to-day is payday was also urged as
an excuse. One man had very bad
cold and for that reason wished to be
let off. Fred Gangner was let off be-
cause he YVES all alderman and Il. W.
Wanzer because he was a witness in
the case. In the examination of +. Il.
Wright for jury duty. Mr.. Wright said
that he had read the testimony gwen
at the preliminary examination in the
Anaconda Standard. The defense asked
that subpoena be issued for the .di-
tions of the Standard containing The ac-
counts and the papers We're sent for. In
the meantime Mr.. Trippet asked Tales
man Steuernagel If he had said that II
he ever got on IA jury in the Copper City
cases he would fix the Copper City. Mr..
Steuernagel denied having said anything
of the kind. When the paper came. AIR.
Wright said that it was the account 1Ir-
on Wn1Cn fe pa s9u l-5 opinion anu he
was excused. d. C. Mcdonald was ex-
cused because he owed the Copper Cifv
Commercial company some money.
Joseph Richards owed the Copper City
about 81 and he was excused. Barney
Radefeld said he had an opinion based
upon general principles" lie read the
Standards account of the preliminary
examination and had based his opinion
on that. He was excused. Hugh Daily
based his opinion on the hearing of the
testimony at the preliminary examina-
tion. He was excused. a. Slaughter
was excused because the property he
was assessed on belonged to his wife.
John Lappin was excused because he
owed a bill at the Copper City store.
William Walsh also owed the Copper
City company and he was let off. Z. E.
Heagy ha9 formed ar opinion from the
Standards account of the preliminary
examination and was excused.
The defense excused Z. A. Waterbury
on peremptory challenge. r. B. Peck
l1Ff3