The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-11-28

stand aside at once.
Peter Heck was the first man COM
PEELED to stand aside at the afternoon
session. He had been summoned by
mistake Peter F'leck, a farmer was
the man whom Judge Hazen intended
to have SubpOenaed, but Heck was
called instead. Mr.. Hayden challenged
Heck, and the court sustained him, eX-
planning the error. The next juror
called was w. F. Hotchkiss, who was
passed. He is a farmer living east OF
Burnett's mound.
What does the state say to it's first
right of challenger" inquired the court.
Mr.. JetmOre and Mr.. Stafford consult
ed a moment then Mr.. Jetmore said:
I'VE will excuse Mr.. Cooper"
George Mcclellan was then called. He
had an opinion, but thought he would be
able to try the case fairly and impair
TALLY, and according to testimony. Mr..
JetmOre passed this juror, but he was
ordered to stand aside when Mr.. Hay
den challenged him.
Harvey Lawrence, a TecumSeh FAR
mer, like all other jurors examined, had
no conscientious scrupleS against the
inf1ictiOn of the death penalty, but he
did hold an opinion, because he read ana
gave credence to the testimony of the
preliminary hearing of Collins. Law
renee was passed by JetmOre, but was
challenged by Hayden Judge Hazen
examined Lawrence and then sustained
Mr.. Hayden.
A Crowd at the Jail.
promptly on time this afternoon. A
crowd of curious people watched Sher-
if Cook take him to the court room
from the Jail, but he paid no attention
to them. Entering the court room he
nodded pleasantly to the newspaper
men whom he knew, then resumed the
seat which he had vacated for lunch
con.
At o'clock Mrs. Collins returned to
the court room. She was accompanied
by Miss Grace Collins, Mr.. and Mrs
John Collins who were present at the
morning session, Mr.. and Mrs. Grant
Meade, Mrs. Gillespie of Auburn, and
Sidney Hayden of HOlton, the junior
member of the firm of Hayden & Hay
den who are assisting the defense.
The party took the same relative pO-
sitiOns occupied at the morning session
and, all listened attentively to the ex-
animation of jurors.
Joseph Hook was challenged and or
dered to stand aside. J. H. buchanan of
Mission township a farmer, who was
acquainted with J. S. Collins, was the
next man called into the box. Questions
addressed to him were interrupted by
Judge Hazen who said:
'Bailiff see if we can't have a little
more heat. Tell the engineer to fire up"
Mr.. buchanan was passed by the de-
tense, the examination developing the
fact that he has two boys aged Is and
"a respectively. The box was again oc-
cupied by twelve unchallenged men.
What does the defense say to its
first right of challenger said the court.
Excuse Mr.. Harrington" said Mr..
Hayden The erstwhile juror stood
aside and Henry Wallace was called for
examination. Harrington is a. bachelor
farmer. Wallace has a family. He was
passed by Mr.. JetmOre but challenged
by the defense. Judge Hazen's ques-
lions elected the fact that Wallace be-
lieved his mind had been impressed by
the evidence from the preliminary, but
that he really has no opinion The court
then OVerruIed the challenge and Mr..
a ms LAT
renewing his challenge of Wallace
which was sustained and c. A. Patton
was called.
Mr.. Patton was excused and B. F.
VanOrsdal was called. He claimed ex-
emption from jury duty because he is
above so years of age. The court said:
I'VE do not excuse men on account of
their age unless they claim exemption"
Il claim exemption because 1 do not
want to be on this case"
Excused" said the court.
John HOLSTER was challenged by the
defense, examined by the court, and ex-
cused. J. F. Goodwin a farmer in Me-
nOken township for 81 years, who had
formed no opinion as to the guilt or
innocence of the defendant, and said he
knows nothing of the facts in the case,
was passed by both sides. Goodwin has
six children, a son 80 years of age, and
five girls.
What does the defendant say to the
second right of challenge inquired the
court.
Excuse Mr.. Page" said Mr.. Hayden,
and the one cOlOred man passed during
the forenoon stood aside. John Killing
er was called. He has ten children, five
of whom are boys. He was passed by
both sides.
What does the state say as to its sec
Ond right of challenger
We waive our second right of chal-
lenge." said Mr.. Jetmore-
What has the defense to say as to its
third right of challenger" said the court.
EXCUSE Mr. Diment," said the defense.
, F. c. Bailey of Dover was called. He
has three. grown children, daughter be-
ing married. He was passed. and the
box was again filed by unchalenged men.
On the fourth right of challenge the de-
tense excused Mr.. Hotchkiss, and James
May, Dover farmer. was called.
At $3.50 this afternoon A. A. GODDARD said:
Ct doubt whether we will be able to get
a jury today"