The Topeka state journal., 1899-12-05
Much Preliminary Skirmishing
In YOeman Murder Case.
Attorneys Demand That Jury
Be Drawn In Court.
IT WAS A DEPARTURE.
New Law Found to Apply In
This Instance.
Many Witnesses Summoned and
Trial Will Be Long.

The work of securing a jury IN the
YOeman murder trial was resumed this
morning. Before the court adjourned
! Monday afternoon the defense had eX-
hausted five of its challenges which left
seven more TO be disposed of. The jury
was completed before noon
The defense in the Yeoma1 case ia
the district court sprung new point
on both court and prosecution Monday
afternoon. with the result that the spe-
cial venire which had been summoned
to make up the jury was thrown out
and it was necessary to summon d new
special Venire.
The regular panel of 16 men had
been exhausted and the first man in
the special Venire that Judge Hazen
had ordered summoned was placed IN
the jury box. T. F. Doran, one of Mr.
YeOman's attorneys. then filed a de-
mand that a special Venire be drawn in
the presence of the defendant, and he
brought forth a law passed by the last
! legislature in support of his demand
The Legislature last winter amended
the law governing the SumnOulng Spe-
ciaI Venires so that whenever Il regular
panel is exhausted the defendant is al
lowed to demand that special venire
be drawn in his presence in the same
manner as the regular panel is drawn
Under the old law whenever the pre-
siding judge thought a special Venire
would be necessary he ordered the
sheriff to go out and summon talesrnen
a many as ne thought might be need
ed. so that they would be on hand when
the regular panel was exhausted
When MIR. DOran presented the new
law on the subject, it seemed to be per
fectly plain. Judge Hazen promptly
announced that there would be no more
1 court that day, but that the special
venire would be drawn as soon as pre-
! paratiOnS could be made for it, The
/ jurors and witnesses were excused FOR
! the remainder of the day. and hose
! jurors who had been excused from serN-
ing on the case were told that they
need not return until tuesday OF next
week as it seems likely that the 4co-
| man case will continue that long.
! To make up for lost time in this
| case" said Judge Hazen as he excused
| the jurors. court viii hereafter begin
/ at O'Clock in the morning, and You
| will be here promptly at that time
! The other special venire had contain
! ed Is men. but in order to not keep the
| court waiting, Judge Hazen ordered 20
| names to be drawn for the new one,
/ which was drawn at O'Clock by Coun-
! ty Clerk Wright in Tne presence oL
! Judge Hazen and the parties to the
| suit.
| The names of the witnesses for the
| state thus far subpoenaed in the case
| are as follows:
! Joseph A. Matthews. Jailer Carl Law
| son. DR. J. c. McClintock. b. NJ Welcen,
| H. o. Jackson. Lena b. Jackson, J. H.
! Sutton, G. w. Ellinger. J. r Holmes
/ D. Fl. Morgan. W O. sutton, Mrs
] Bruner, Mrs. StiIlwell. Mrs H .. Jack
! son, DR.. H. F. Martin, Frank Brush.
! Sheriff Porter S Cook Frank Millard,
] F. c. Squires. A. Bunker Helen Nor
( gan Elmer Ebey. Thomas Hicks, JAS
| Ramsey. chief of police; Tim Donovan,
! M Bundy. A. W. Hopkins. Dave Nor
ris. A Marburg. T. A Beck. F. T.
| Bacon A. w. Moffitt. Frank J. Thomas
| June Moore, GaIen Nichols
Many of these are Potwin people who
| lived in the vicinity of the tragedy ana
| know more or less about it.
! Most people were just getting down
/ town to their work this morning at the
! time that Judge Hazen opened district
! court for the second day of the foe-
| man trial 1t was just $ O'Clock when
| the judge took his place on the bench.
! Only a portion of the special Venlre OF
| 20 men who were drawn last nlght Dy
/ County Clerk Wright We're present. as
| Sheriff Cook and his deputies had not
| succeeded in locating all Of them but
| some of those who were present had
| driven in from the farthest parts Of the
| county.
The special venire was composed Of
| the following: A D. Smith, A D.
/ Clark Charles F Payne, John Platt, y.
! e Hamilton, John Sutherin. c. s. Ba-
| ker J. G. Yeomanstocker. Frank Jor-
! dan A l. Bagy, D. W. McNair, Dr. j.
| F. Buck DR.. II. L. Alkire. Frank James.
and l. Z. Watson. all Of Topeka; w f.
| James of RossVil1e. Albert Griffith OF
| Monmouth: NJ. McCauley Of Auburn; o
! F. Cunningham and J. T. Wilson Of
| Soldier.
As each juryman was examined
| County Attorney JetmOre explained to
! him that II convicted the sentence Oh
| the defendant would be death, and the
I iuryman was asked if he was prejudic-
/ ed against capital punishment Dennis
! Madden attorney for Mr. TOeman, on
the other hand explained that the de-
/ fense would be that Mr.. Yoeman acted
in self defense when he shot David
| Jackson and the juryman was asked IL
he were prejudiced against that sort OF
It was more than Sheriff Cook and
his deputies could do to get in tales
men as fast as they were excused from
| the jury box. A few of the special
venire had been allowed to remain and
a number had been excused. when a
man who gave his name as w s.
Jameson. of Rossville entered the box
The name that had been drawn on the
son said he had been summoned by tel
| ephOne, which probably accounts for
| the confusion Of names Tt was evident
that he was not the man drawn on the
list and the court told him TO step
| aside"
The next man to enter the box was
| David McNair. while the jury list CALI
| ed for D. w McNair. MI McNair said
! his sons initials were d w and
| that he worked in the Santa Fe shops.
! Mr.. McNair. senior. was excused and
| Sheriff Cook was summoned and in
! structed to send for McNair, junior, as
soon as possible
John Platt was next placed in the
! Jury box His examination had not
progressed far before he stated that he
lived in the western part of the city
and heard the shots exchanged at the
time of the tragedy out of which the
trial grows. He had a fixed opinion in
the case and was quickly excused
Mr.. Platt's place was taken by C. S