The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-18
ANACONDA NEWS.
JURY NOT YET COMPLETED
Only Eleven Men Passed in the
Sheppard Murder Trial.
ANOTHER VENIRE ISSUED
Nearly Every One Drawn Had Formed
an Opinion or Was Opposed to
Capital Punishment Three
Challenges Left.

punishment, and there is likewise a re-
iopinions from newspaper reports and
street rumors.
The regular panel of IS names, a spe-
icial venire of 20 names and second
hyenire of six names We're exhausted
yesterday in an effort to secure a jury
to try the case of the state Of Montana
against Charles Sheppard, charged with
murder in the first degree. The specific
nature of the offense charged against
Sheppard is the alleged killing of John
Benson at Deer Lodge on or about Nov.
4 last.
County Attorney j. H. Duffy, for the
state, and Attorney c. j. Walsh for the
defendant, put in the whole day yester-
day in wrestling for presumable advan-
tages in the Jury box. Men were called
and excused with lightning rapidity.
Most of the talesmen swore they were
opposed to capital punishment, others
had found opinions from reports of the
case published in the Standard, and
others yet gave good excuses and were
let off by the court
/ When court adjourned last evening
there were II men in the jury box who
had been passed for cause. They are as
follows: John Hoeft, J. c. Keppler,
John Patterson, Joe Sladich, Matt
Hartz, Hugh Gallagher, l.. H. Calhoun,
Moses Riberdee, Joseph Munson, ]. ].
Simonson, w. H. Weaver. The state
has exercised four of it's peremptory
challenges and has one left, while the
defense has exercised eight of its chal-
lenges and has two left. Another spe-
cial venre of 10 names is made return
able at $3.50 o'clock to-day.
At 10 o'clock yesterday morning the
drawing of the jury began. The first II
men called We're Erick Larson, George
w. Dana, John F. Sullivan, E. L. Hill
bert, Paul Moreau, Hugh Gallagher,
Henry Harrsen, l.. P. Beck, j. W.
Smurr, John johnson, Robert Dixon
and H. P. Gilbert. j. w. Smurr, the
first man to be examined by Mr.. Duffy,
said he had formed an opinion from the
published testimony introduced at the
inquest. Nose Riberdee was called in
his place l.. P. Beck was opposed to
capital punishment and he was excused
j. j. MoAndreWs taking his place. Erick
Larson was opposed to capital punish
ment and his place was taken by Will
lam Mortified, who also was opposed to
capital punishment. l.. H. Calhoun was.
called in his stead Paul Moreau had
adduced at the coroner's inquest, and he
gaVe7way to T. A. Gamesche.
Gamesche was excused by Mr. Duffy
on the states, first peremptory chal-
1enge. DR. VIC. Gutelius did not know
whether his namesappeared on the as
sessment roll for 1898 or not. Mr.. Duffy
asked that the assessor be sent for and
the assessment roll brought into court
and examined. Mr. Walsh objected to
the introduction of any record evidence
to determine Jurors competency. The
objection was overruled, and the as
sessment book was brought into court.
Gutelius' name did not appear thereon
and he was excused. j. J. Simonson
took Gutelius' place. Mr.. Walsh, on the
defendants first peremptory chal-
lenge, excused Mr.. Dana. Gilbert Baret
was called, but he had formed an opin-
ion from published statements of the
case, and John Patterson was substtu-
ted for him. The defense next excused
e. l.. Hilbert, Matt Hartz taking his
place.
Mr.. Duffy excused John johnson and
M. McMullin's name was called. Mr..
McMullin is a witness in the case, and
therefore was excused.
This exhausted the panel, and the
clerk was instructed to draw special
yenire of 20 names, to be drawn from
box No. and made returnable at 3
o'clock.
Court then adjourned for the noon
hour
The 20 names on the special yenire
were as follows: Edward johnson, w.
III. Weaver, John H. Hoeft, James Mum
son, Hugh Gilchrist, F. L. Frederick
son, J. G. Keppler, Eliser Gilbeau
William Seba, William M. Thornton, r.
B. Turner. Michael Nealon, F. E. Stone
John J. Wegener, James D. Mckay,
Joseph Trefenthaler. Erick Sunderland,
]. P. Brady, Pat Mentally, w. r. James.
The last five were not found.
The work Of empanelling began at
once upon the converting of court at
o'clock. Ed. Johnson was excused by
the court because his name was not on
the assessment roll. Hugh Gilchrist
was excused also. Frank G.. Brown,
one of the talesmen on the regular
panel, was excused on account of sick
ness: The. first man called from the
special venire was w. H. Weaver. He
was passed for cause. Mr.. Walsh chal-
1enged H. P. Gilbert and John Hoeft
was called. Mr.. Walsh next excused J.
J. McAndrews. James d. Mckay was
called, but was excused because he was
opposed to capital punishment.
BY way of explanation" said Mr..
Mckay, Il will say that I am a social
i5t.''
Eliser Gilbeau was excused by Mr..
Duffy. Gilbeau said he could not read
English and understood it, but imper-
fectly John j. Wegener was suhsti- |
tuted, Mr.. Walsh excused Robert Dix |
on. F. E. Stone was called, but Mr..
Walsh excused him also. Mr. Duffy |
excused J. j. Wegener and J. c. Kepp- |
Ter took his seat. Mr.. Walsh excused
John f. sullivan, and r. B. Turner took |
the vacant chair. Mr. Turner was ex-
cused by Mr.. Walsh. F. L. Frederick
son was excused because he was APP
posed to capital punishment.
This exhausted the special venire and |
at Ais o'clock the court instructed The |
clerk to draw six names to be made re-
turnable at $50
AT that hour the sheriff made return |
on three of the talesmen-W. s. Cam
eron, W. A. Law and Joseph Sladich. |
These were not found: Fred. E. TAYLOR, |
John McCutcheon and Burton Vincent.
Before drawing any of the names on !
the second special venire, Mr. Duffy in
formed the court that Henry Hanson !