The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-09-23

and Laure was accepted. Richard J..
Garwo0d a street railway foreman,
was next summoned one OF the ques-
tions put to him by District Attorney
Penny was.
DO you believe in the present form
of government
To which GarwOod replied, Yes"
Judge Lewis asked Garwood If he
would acquit a man if it was clearly
proven that he was insane at the time
the murder was committed. Mr.. Gar
wood replied that he would. After a few
more questions from Judge Lewis, Gar
wood was accepted.
The third of the panel called to the
bar was Joshua Winner, a farmer, Of
North Collins. He was objected to by
the defense and excused.
Henry w Wendt, a local manufac-
turer, when called announced that he
had formed no definite opinion on the
case; his opinion would be governed by
the evidence alone He was sworn in.
EVIDENCE MAKES NO DIFFER
ENCE.
Horatio NJ Winspear, a, farmer, Of
Elma, was called
do you believe in capital punish
ment?" was asked by the district attor-
ney- After some hesitation the tales
man replied:
We'll. yes"
The questions asked by Mr.. Lewis for
the defense of nearly all the jurors We're
particularly as to whether or not they
We're at the Temple of Music at the
time Of the crime. Winspear said he
was not there, but While the defense
was not opposed to his acceptance on
the panel he was challenged by the DeO-
pie. George Kuhn, a baker of Buffalo,
born in Germany, but citizen Of this
country for 25 years, was next called
His opinion Of the guilt of the prisoner.
he said. was SO firmly established that
no evidence could change it and he was
excused.
John D. Elliott. a farmer of Grand
T.-T-
ment and was challenged by the people.
He was excused
Silas GARNER, another farmer living
at Clarence had already made I'D his
mind as to the guilt of the defendant;
ne could give him fair trial, however,
on the evidence He was accepted by
both sides and sworn in at 11:04 a. m,
less than an hour after the court
opened.
Herman B Tauber. a railway clerk,
was next called, but as he had express
ed an opinion of the case he was also
excused by the court.
Dennis r. O'Reilly. a. life insurance
agent for 30 years in Buffalo, had form
ed an opinion in the case but had not
expressed it to any one. His opinion
could be changed by the evidence. He
was excused by the people.
During the examination Of jurors the
prisoner sat erect in his chair and
senior counsel. Beyond the rapid blink
ing of his eyes. he appeared uncOncern-
ed. He made no effort at communica-
ton with his counsel nor they with him.
Frederick Langbine a railway section
foreman, said he was a believer in cap
ital punishment He had not formed or
expressed an opinion as to the guilt or
innocence of the defendant. He was
excused by the prosecution. however.
Gorge Ruehl a barber Of this city.
next called, was a believer in capital
punishment, he said.
He said in reply to a question from
Mr.. Lewis as to whether he had talked
much about the case:
People have talked more to me about
it than I have to them He had form
ed no definite opinion but nevertheless
he was excused by the defense
Wallace A Butler. a farmer, of Sar-
dinia, had formed a definite opinion as
to the guilt Of the prisoner and said
that the evidence would have to be
convincing to raise a reasonable doubt
in his mind. Judge Lewis accepted as
competent, but he was excused by the
court.
James Stayhall. plumber, after
brief examination was accepted, max
ing the fifth juror at 11.35.
Frank j. Litz, a clerk had not form
ed any opinion. He was confused BY |
the Questionts of the counsel and made !
several contradictions. He was excused !
BY the defense.
Continued on Sixth Page)