Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-09-06
REGULAR PANEL
IS EXHAUSTED
SPECIAL VENIRE ISSUED FOR
JURYMEN TO SERVE IN
PO0LEY MURDER CASE.
EXAMINATION FOUND MANY
MEN WITH FIXED OPINIONS.
Tilt Between Judge Clancy and Clerk
Clark-His Honor Refers to
Rambling Reports"

Owing to the difficulty of securing a
jury the trial of Thomas Pooley for the
murder of Thomas L1ttlejohn will not he
resumed until next week. The regular
p"nel was exhausted this morning and
d speclal venire, returnable at 9 O'Clock
next Monday morning was issued. The
eleVen talesmen who occupied the box
were excused until 2 o'clock Monday af-
ternoon when the work of completing the
jury will again be taken up.
Inc proceedings in court today were
enllVened by a tilt between Judge CLANCY
and Clerk of the Court Clint Clark in
Whlch nonors were even. 1t all arose over
the absence of Louis Mason one of the
talesmen who failed to show up on sched-
uled time. Mr.. Mason's name was the
flrst on the list ,and failing to respond At
torney Thresher stated that he was will
ing 10 waive the presence of the talesman
for the time being in order that the ex-
animation of the other men in the box
might be proceeded with. The clerk pro-
ceeded to call the name of another mem
Der of the trial panel and the judge snap
ped Never mind tina 1 am judge of
this court" The clerk retorted that it
was a part of the clerks duty to which
the court replied Yes, but under my d.
rection.' Mr.. Mason dropped in at this
Juncture and was lectured by the court
for his hardness.
During the examination of a juror the
JuuSC dlSO OtllNeTeu d milo roast directed
to the newspaper fraternity. 1t was dur
ling the examination of Adoph Reichle
who said he had formed an opinion
through reading newspaper accounts of
the murder. He had not changed his
mind he said and IN endeavor was made
by the prosecuting attorney to ascertain
II the testimony of witnesses, which
would be introduced, would not change
1T. An objection to the form of the ques-
ton was made and the judge overruled
1T. He believed it was highly import
ant that the question should be asked in
that way. Because a man had read
something in a newspaper was no reason
why sworn testimony should not change
it.
A story made up in a rambling man
ner" by a newspaper eporter should not
be accepted as the truth.
Phillip McGrath and James Gavin were
passed. Peter league said he had beer
a personal friend Of the murdered man
and also knew PoOley quite intimately.
Asked II the relation OF debtor and cred
itOr existed etWee himself and Little
john, Mr.. league replied in the affirma-
tive and he was excused, Doninick Ber-
toglio taking his place. He also had
read the newspaper accounts of the muir
der and having formed a fixed opinion
was excused. Adolph Reichle did not be-
lieve that he could sit on the jury and
rende an impartial verdict after all he
AANN S"N "AA" - AAS Soo = was
excused. Richard Trelevan also had an
opinion. John F. Bartlett knew Pooley
personally" He had formed an opinion,
had no bias or prejudice, but he was OPP
posed to capital punishment and was ex-
cuSed.
James Council, a MINER who said he
had resided for 20 years in Walkerville,
did not know any of the parties, and had
only read the headlines of the articles
in the newspapers containing what pur-
nnrfo1 TO no an ooo0rIrf nf tho oIrr1nr
He believed that one man had the right
to take the life of another if his own
was placed in jeopardy and he was re-
tanned. Arthur Thomas a an intimate
personal acquaintance with Pooley and
Littlejohn but that fact he thought
verdict. He was passed. John N. Hos
king had a passing acquaintance with
LittlejOhn n he was passed.
The states first peremptory challenge
was Arthur Thomas. Louis P. Davis
who was called had a fixed opinion. Fred
Blewitt also had formed an opinion. John
D. Davis had read and heard of the case
| and he was excused. w. c.. Bryant said
he had formed no fixed opinion from the
newspapers but finally admitted that he
| did not consider himself free from pre-
judice. H was Thomas Eva,
of Burlington, and John Harrington mad
also formed opinions as to the guilt or
innocence of the accused and they were
challenged for cause and the challenge
was sustained. This exhausted the panel
and the court ordered that a special yen-
ire for $50 be issued, returnable at 9
o'clock Monday morning. The talesmen
| were admonished not to express any
| opinion as to the merits of the case and
warned not to read the newspapers. "be-
cause newspapers make comments
SAT- his honor.