The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23

surroundings as they were at the time
challenge, and Lew Smith, of Tuscara-
was township, was chllla1yel by Mr..
Grant, necessitating theh calling of an
other juror.
GEORGE YOUNG
had responded to a summons in the
special venire and was called to the
witness box. He didn't know the defen-
dant and had no reasons that he knew
of why he could not sit as an impair
tial juror. Young is now a regular
juror. He said he couldn't remember
being on a jury within a year. Mr..
Grant had a notion that he had been on
a jury and appeared to remember the
case. 1t was that Of Hanam aainst
Hanam, a slander suit with a hog fea-
| ture. Mr.. Young couldn't even recall
the hog. Mr.. Grant looked up the rec
ord and made the statement in court
| that Young was in that case. The clerk
brought in the records and it was shown
that November IL he was a juror in
| the Hanam case, and in the meantime
Bailiff Hauftfuerer furnished a list
showing that he was juror in June in
case in which one Stackhouse was
interested. The court excused Young
from service.
E. r. ECKLEY,
of Canton, formerly of Carroll coun-
ty was next called. William Henderson
came originally from Sherrodsville, and
Mr.. Eckley said he had a slight ac-
quaintance with him. He said he had
talked about the case and had read
about it. He said he had formed an
opinion about the case that it would
take some evidence to remove that opin-
ion. He was excused for cause and
GEORGE c. HARVEY,
a Canton miller, residing in East Ninth
street took the stand. He answered all
preliminary questions satisfactorily and
was not opposed to capital punishment.
He knew nothing particular about the
case and took his seat in the jury box.
ELI MILLER,
of Canton, a we'll known resident, was
called, having been summoned by the
sheriff. He had not discussed the case.
He was not opposed to capital punish
ment. He said he knew no reason why
he could not act as an impartial juror.
Mr.. Miller said that he was summoned
as a juror on a chicken thief case, and
the court decided that he had not been
a called juror but as a matter of fact
had answered to a special venire.
Judge Baldwin challenged him for
cause and the court overruled the chal-
lenged, to which defendant excepted.
1t was thought for moment that the
question of Mr.. Miller's eligibility on
another ground would come up at this
time. Those who had followed the pro-
gress of the case against Mrs. Annie
e. George recalled that Mr.. Miller re-
sponded to special venire in that case,
but did not serve, because, as he said,
he had some feeling against Mr.. Grant,
who was, in that case, assistant counsel
for the state.
1t was insisted .on the part of the de-
fense that as matter of fact Miller
had served on a chicken thief case, as a
juror, within a year, though he was
summoned by special venire issued by
the court. The record will so show and
the question is saved for the defense
Mr.. Grant also called attention to an
other case in which Mr.. Miller had
served within a year and the fact was
brouht out that he was summoned in
that case by special venire. The court
1aA haf hot 40.
the statute in the meaning of "called
juror" holding that a "called juror"
meant one picked from the bystanders.
The defense again excepted and the
question was again saved. Not being
able to get rid of Miller on any other
cause Judge Baldwin asked the juror:
"Mr. Miller, is 1t not a fact that you
haven't very friendly feeling for one
of the counsel in this case?"
"The relations OF Mr.. Grant and my
self are such that when we pass on the
street, we do not know each other"
answered Miller.
"But you haven't friendly feeling
for him. have your"
II have nothing personal against him,
but, as say. we do not speak"
eve challenge for cause" said Judge
Baldwin.
II am Of opinion" said the court,
that the same grounds for challenge
exists in this case as in a case in point
yesterday" The court referred to the
case of Norman IL. Chance, who said
that he and Mr.. Pomerene were not on
speaking terms and as the ruling ap-
piled Mr.. Miller was excused.
HOWARD VAN HORN.
was called and qualified In every way.