Daily capital journal. (Salem, Or.) 1896-1899, 1899-02-25
THIRD DAYS TRIAL.
Continued from Fint Page.

gran from Omaha, Neb., sent TO one
OF the most important witnesses in
the case, who asked to he excused, but
this was refused by the court.
Sheriff Durbin had rustled ten new
Jurors from we'll into the body Of the
county over Friday night, as follows:
w. Harris, G.. a. g. Moore, n f.
CAMEL, s. W. Reed. g. w. Hurley,
Arthur Wood. J. H. Painter, j. A.
smith, j. Dubois, NJ, W. Hlleary.
All we're present.
The nine jurors drawn up To Friday
night are kept In rooms IN the
Eldrldge block served with meals from
Strong's restaurant, and are attended
day aud night by A. w. Drager, spec
ial bailiG.They are not allowed tOcom-
municate with each other about the
case, nor with any outsiders, but are
allowed 10 20 into the post Office and
get mail from their families. They also
receive letters through the court.
After short consultation between
Attorney Bennett for defendant and
the court, procuring " three more
Jurors was hegun.
G. w. Hurley, OF Fairfield, knew
little about the case. Defence de-
veloped that he bad read The
JOURNAL, had olce employed Til
Ford, J. A. Carson was attorney
against his mother ia n will case,
questioned his being on the tax roll.
The roll for 1898 being brought in
IL appeared he paid a poll
tax and also on property assessed
20 one Scott, thought the case ought
70 be fairly tried, would rather be
excused, had no feelings or prejudice,
Accepted by defense and state.
VIM. II. llllleary, Of Turner, had
read details OF the case, would require
evidence different from what he had
heard 20 change his mlnd. Challenged
by defense. State showed he paid ~.
tie attention % newspaper reports,
vas not prepared 10 try the case on
what he knew long acquaintance with
parties wOulC not influence him In
trying 10 reach a conclusion IN the
case. Accepted by state, Court round
his frame Of mind such as 10 would
take evidence to overcome and excused
him.
J. A. Smith, Of Turner,was born Ia
this county, knew all Of the parties by
sight, had speaking acquaintance
spoke once to I'll Ford No Turner, was
In his Oliice once II years ago h8d
never advised with him since, knew
Junge Boise by sight, had never en-
plOyed him or spoken 70 him, hud
never empl-y yed any Of the defendants
lie was not exactly satisfactory 10 the |
defence Bennett, McGinn, darcy and |
Richardson put their heads together
like four cherries on stem, and the |
result was satisfactory. Holmes ac
cepted him as the eleventh man.
e.. A, q Moore, Of Turner knew /
none of the defendants, had no con
yictIon or opinion that evidence
would not remove, aud was accepted |
by the defence. Holmes questioned /
him closely,and at 10 o'clock the court 1
accepted him az the twelfth man
CASE OPENED FoR THE STATE.
District Attorney Hayden stated .
the case 10 The Jury aud called espec- /
ial attention 20 i've dates, June 10, ~, |
10, 10 aud 20, which he asked them 10 |
hx In thelf minds, lie read the iu-
dlc;ment against s. II Richardson
Tor altering the election returns in
NJ. Angel precioct by adding ten
tallies 10 vote OF + II, darcy.
Ga the hrst two counts Boise was
ahead Of darcy In two precincts and
a Tie Ia ButteYille. The board found
them TO be correct twice In Mr..
D'Arcy's presence, when che board
adjourned from the pth To the 18th.
On the night uf the 10th Roberts the
pightwatch gave his key TO the jury
room To Clerk Ehleu, 4. H. D'Arcy |
aud Richardson. They went into the
room aud opened some of the ballot
boxes, In pursuance Of an anappointment
before made.
Ehleu remarked that II VA, not
'ate tor them to be- In there while the
lightWatch Roberts was around.
Carson offered % taSe Roberts away
aud did take him tO Strosgs restaur.
,ut aud treated him TO dish Of
lystots. Roberts returned to the
'ourt house aud saw Ehlen leave the
'ourt house with bundle under his ,
,rm aud go 90 p'Arcy's uilce. Roberts
saw Richardson leave The court house.
nod found the euYclope from The -four
precincts lying opeOed or the table.
,nd ballots scattered about Both ,
richardson aud darcy had ap- I
lruached Roberts after these events
ho latter telllug him to Keep hi, own
'0unsVl
Richardson went 90 Ehlcns house
'fter midnight aud asked him Co 20
20 the room aud put the ballots aud
eturns back into The boxes ia puper
.rder AS Roberts had seen them.
richardson and Ehlcn Wout at seven
'eiock the next muruiug aud rut the
.apcr> back Ia the boxes
sunday evening June %. they met 9
y agreement Ehleu, Richardson aud
SaIter The Two latter were lea