Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-12-05
IN MAY CASE.
Question Of Joseph Aliens Qualification
for Jury Service Causes Some
Ripple in Court.

E.n4a ~ %gEsTE.EES
Third Venire Of Jurors Exhausted and
a Fourth Venire is
Summoned.
District court adjourned Thursday
afternoon width eight jurors remaining
in the box in the May case, the avail
able jurors all examined, and nineteen
peremlptories yet remaining to the state
and defense. Court adjourned earlier
than usual for Lack OF material upon
which to work, and this morning the
work of examining veniremen who had
responded in the course of the evening
This morning all of the jurors who
had responded to the second and third
venires were examined without COM
pleting the jury. w. J. Brown, John
Mclaughlin, S. Townsend, Philip Har-
vey were passed for cause. Harvey
Was peremptorily excused by the state.
Percy D. Lee,Iwho has been on the jury
since the first day of the examination,
was peremptorily excused by the de-
Tense. .
ERNEST Townsend WAS excused be-
cause he had am opinion i'm the case
which he Thought would prevent his
being a fair juror. Chris Johnson was
excused for the same reason. Peter
Harvey WAS excused because he had
conscientious scruples against the
death penalty. William O'Hara was
excused for the Same reason. G. E.
Murren had an opinion which would
require evidence to remove. He was
excused. D. G.. Mclean also had an
opinion, but Thought he could try the
case fairly. He was excused ON a
challenge by the state for cause. ].
w. Rodgers was summoned but his
name was turned into the jury box as
John D. Rodgers, and he was excused
from service.
In court this afternoon there was a
distinct ripple above the formerly
smooth surface of the trial. Joseph
Allen was examined as a juror and
passed by both sides for cause. Sub
s%equently, before another juror had
been accepted, States Attorney Allen
requested permission to reopen the ex-
animation of the juror, on the ques-
ftion of having formed an opinion.
The defense objected to this and the OBJ
lection Was sustained. States Attor-
ney Allen then made an offer in writ
ing ito SHOW that the juror had e
pressed an opinion, and a pronounced
opinion, and also that he had visited
THE defendant, JEFF May, frequently in
JAIL. This offer was denied, also
Subsequently, as the jury was about
to be dismissed for the afternoon, they
were recalled, and the court stated
that upon information that had
reached him from the bailiff he would
permit the further examination OF
Juror Allen. The defense excepted
to this. States Attorney Allen then
asked the juror If he had not expressed
an opinion in the presence of the
states attorney and coroner, and if he
had not stated that he could throw
some light on the manner of Harry
Hibbs death. The juror said he did
not remember having made such state
ments, did not believe he had. He was
then questioned as to whether he had
during an intermission in the course
Of the afternoon, expressed himself
freely to the jury on the subject of
capital punishment, to which he re
piled dthatt he had, but not in connec-
ton with the case being tried. In
answer to questions of the court he
said he had merely expressed himself
as being in favor of capital punish
ment and of furnishing murderers.
BaiIih King was then sworn by the
court and said THAT during the inter
OIC VI uuO JulOIo uuu 0dNlOu
to his attention the fact that juror
Allen had expressed himself ON the
matter of murder cases and capital
punishment in such terms as had been
forbidden by the court. The bailiff
then reported the matter to the sher-
if. The defense did not cross-ex-
amine. States Attorney Allen then
asked for slbpoenas for witnesses re-
garding the matter. of the alleged ex-
pressed opinions of the juror.
The third venire was exhausted this
afternoon and am additional venire of
45 jurors was summoned.
Do not miss the special cloak sale
at A. w. Lucas, Fourth street.
Come In and select eyoa1r Xmas, nr,es-