The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-21
THE JAMES JURY.
Venire Is Chosen With Very
Little Trouble.
Work of Selecting 1t Begun in
the Criminal Court.
FRANKJAMES PRESENT
Del Harbaugh of Collins Case
Fame Interested.
Jurors Could Not Qualify If
They Knew Him.

Kansas City, Feb. 21.-The panel Of At
jurors, from which the II good men and
true who are to try Jesse James for
train robbery must be chosen, has been
weeded out from the $50 names drawn
from the jury wheel by Special Judge
Dorsey w. Shackleford last Thursday.
Much to the surprise of all parties con-
cerned, the task was accomplished with
celebrity and comparative ease. The en-
tire day was given over to the work
and court did not adjourn until O'Clock
last night, but before the judge left the
bench he had the satisfaction of seeing
A acceptable jurymen standing before
him, awaiting their consignment to the
care of the marshal.
1t was the general opinion that the
panel of Al could not be secured from
the $50 names drawn from the jury
wheel by Judge Shackleford, but when
the test came yesterday less than 100
were called upon to be examined. Us
ually those who were disqualified were
discharged because they had prejudiced
the case and thought that no amount
of evidence could shake the convictions
formed by reading the newspapers and
by discussing the robbery with others.
Judge ShacklefOrd had little patience
for these and invariably questioned
them sharply, evidently believing that
they were seeking to evade jury duty.
When juror professed his inability to
yield to evidence in the case the judge
would say:
DO you mean to tell me that you
will allow lot of rumors, gossip and
the articles you have read in the news
papers outweigh the sworn testimony
in the caSe?"
Yes, sir, 1.-THE juror would reply meek
ly.
We'll, you most assuredly may step
aside
When the work of selecting the panel
1afn g. Ns11n t1T-6 sSXT
evening, the Al men were lined up be-
fore the judge and instructed as to
their conduct for the next "a hours.
Il will now give you into the care of
the marshal said Judge ShacklefOrd-
You are to read no papers, discuss this
case with no one, and must let no one
talk to you about the case. If anyone
persists in addressing you on the sub
ject, let me know about it"
Twenty-four hours must elapse from
the completion of the panel before any
thing further will be done. This time is
given the attorneys for the state and
the defense in which to look over the
list and weed out Objectionable jurors.
The lawyers for the state are permitted
to challenge Is of the Al, and after so
doing, must turn the revised list over
to the lawyers for the defense. These
latter are permitted to scratch off 90
more names, leaving the II men who
are to try the case
The defense is allowed 80 minutes to
erase the names of 20 from the list at
ter the state has completed its revision.
If the defense desires to shorten the
time allowed for wedding out the panel
st is permitted, and James 1aweys are
at liberty to demand the revised list
from the state at any time during the
"a hours. 1t is hardly probable, how
ever, that the attorneys for the defense
will be ready to do their share of the
pruning process before late this after
noon. In the meantime the trial is at a
standstiIl. The choice of a jury and at
tendant details will no doubt occupy
II of this afternoon, so that the actual
beginning of the trial and the hearing
of testimony will be Wednesday morn
ing.
Numerous signs point to bitter bat
tie over the intrOductiOnNof evidence in
the trial and to charges on the part of
manufactured for the state. The ques-
ton asked veniremen by Attorney
Walsh yesterday included invariably a
query as to whether they had been ap-
preached by anyone since they were
draw on the list of $50, and he was par
ticularly solicitous concerning the pos
sible acquaintance of any juryman with
Detective Harbaugh or Detective Til
lotson.
Eugene McEntee said that he had
been questioned by two detectives since
his name was published as one of the
list drawn from the jury wheel
They were two city detectives he
said Il do not know their names, but
knew their faces 1 had gone to a
=
of mine told me that two detectives
were outside the saloon and that they
wanted to see me. 1 went out and they
questioned me as to where 1 lived, if
had not been summoned as juror in the
James case, and if 1 had formed any
opinion. They made notes of what I
told Them
1.-The court will look into this matter
after the jury is selected said Judge
Shackleford.
Two or three other jurors testified
that men had called at their homes
during their absence and asked Ques-
tions, or had Intercepted their neigh
bors concerning them. There was moth
ing definite recited, and in case did
the actions of the alleged detectives, so
far as related, amount to attempt to
influence the prospective jurymen.
Jesse James, Jr., his uncle, Frank
James, and the lawyers for the defense
sat at a long table Immediately in front
of the judge. Jesse's attorneys are
Fins c. Farr, Robert L. Yeager Frank
Walsh and Milton ]. Oldham. The
state Is represented by Prosecutor Reed
and his entire staff, Assistants Mastin
johnson, StrOther, Howell, Walker and
O'Bryne.
Jesse James appeared in the court
room smiling and confident, as did his
uncle Both were the objects of much
curious inspection by the crowd. Frank