The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-08

The special venire of so had been re-
turned. instructed and sworn, and the
court was about to order the calling of
juror to fill the vacant chair in the
box, when Attorney Self -interposed
this objection and challenged the en-
tire panel.
In brief the objection and challenge
was based on what the defense alleged
was a material departure from the law
in drawing the special yenire 1t will
be remembered that as the names or
taxpayers were drawn from the jury
box some were thrown out. Names of
residents of Helmvile were laid aside
because of the smallpox there. Names
OF residents OF Washington gulch went
out because Of proba BILE prejudice, the
murder having been committed there.
Names of residents OF Avon and other
localities We're put aside because they
lived in portion of the county which
could not be reached in time to make
the return at the hour prescribed.
Names of residents of Bald Butte were
thrown out because they live in that
strip now part of Lewis and Clarke
county.
To the throwing out of these names
the objection was directed, it being held
such throwing out was unlawful.
At the instance of Attorney Self Dep
uty Clerk J. ]. McGuinness was sworn
out of names, showing it was done by
order Of the court in the presence of
all the parties and without objections
being made.
Mr.. Self was sworn and gave testi-
mony in regard to the matter.
Prosecuting Attorney Duffy was be-
ginning to present an argument on the
objection and challenge, saying:
This whole question was settled in
the Durrant case'--- when the court
interrupted. saying he was familiar
with the decisions and that the chal-
lenge was overruled. An exception
noted. r... ,4S
1t is evident the counsel for the de-
Tense propose to let nothing go by
that would, il. any way, assist them in
securing new trial or a reversal on
appeal should the defendants be con
victed.
Just before adjournment the judge
and attorneys discussed informally the
chances Of securing juries in the trial
of the other two Cullinane murder sus-
poets. I'm afraid it will take at
least week to get jury in the sec
ond case" said Judge Napton
Yes" said Mr.. Duffy, land at least
two weeks in the third case"
OF the so names on the special Ven
ire issued Friday the sheriff returned
81 in court yesterday when court con-
SeHeu at y. H. AlleT lHey were
sworn and instructed as to the quail
fications of jurors many of them pre-
scented excuses. Some were i'll, some
had crops to harvest, and some were
exempt. Among the latter was Den
mis- Shovlin, street commissioner, whose
excuse that he was city officer was
held to be valid. In addition to Mr..
Shovlin the following We're excused:
City Clerk Peters, J. NJ. Ensly, Will
lam j. Evans, G. +. McGovern, Peter
Valatin, N. A. Christensen, Fred
Johnson and Eli Gilbault.
James McGrady Of Anaconda was the
first juror called from the new panel.
He said he had read Of the case but
had read nothing that purported to be
testimony to be introduced Passed by
the state for cause, and also by the
defense.
The state used it's fourth peremptory
challenge, ,excusing George d. Callahan,
who had been in the box since Thurs
day.
Luke Talbot OF Stuart was called to
the box in Gallahan's place. Passed
by the state for cause. Examined by
Attorney Trippet for the defense, he
said he had read nor heard nothing
about the case. He said he took the
Standard but did not read it himself
Passed by the defense for cause.
Then came the calling Of the seventh
| challenge for the defense, and the dis
covery that the jury was satisfactory
to all.