The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-10
MAY READ THE PAPERS.
New Ruling in Regard to Jurors
in Dewey Trial.

Norton. Kas., Feb. 1o-There is no
change in the Dewey trial outside of
the routine Of examination of the jury.
a<.tS has sse.z .3ree saSIsIii S5is,Is.
half, their challenges. and the defense
has used Is out Of Sc, and one week
has now been consumed in an attempt
! = ; azure < The .sS1 s1lE1 / -
challenge one at time so the panel is
always full. They summoned 100 more
jurymen last night. and it seems now
as ineugh they would exhaust their
challenges before they do the venire-
men, as there are some 1000 men in
the county subject to jury duty. 1t
seems that both sides are overriding
| the examination business, and it looks
to an outsider now like jockeying for
start in horse race. When they can
catch IL men they can both agree on
they will go to trial
Norton, Kas., Feb. 10.-Judge Geiger,
in a ruling in the trial of Chauncey
Dewey. Clyde Wilson and William ].
Mcbride, showed a spirit of commend
able independence and firmness which
will have tendency TO facilitate the
work of getting a jury. A venireman
had been called to the jury box He
said that he had read the newspapers
about the time of the homicide. but
that he had formed no opinion as to
the guilt or innocence of the accused.
You believe and have an opinion"
said Mr.. Morlan that some one was
killed at the Berrys' place that day,
don't you?"
and that the Deweys may have
Yes. I have an opinion that the
DeWeys We're mixed up in it"
We challenge the Juror said Mr..
Morlan to the court. s'for cause"
The challenge will be overruled."
said Judge Geiger, land I want to say
that the time. if not here. will be very
soon when 3 newspaper report alone
will not disqualify a man to sit as a
juror IN any criminal case. If it does.
II VIII drive US to those who are less
intelligent because they do not take
the newspapers OF the country, and are
therefore not well informed on current
events. 1t deprives the public of their
use and services as jurors, and Kan
sas takes step backward when it
takes that position, and is not up with
It's reputation of leading instead of fol-
lowing The mere fact that the opin-
ION as to various isolated facts is based
upon the newspaper report and the an
sN er is given intelligently by the juror
Understanding the force and effect of
it ought not to disqualify him"
Immediately three or four lawyers
We're on their feet at once. Each had
little book in his hand. For fully
thirty minutes arguments were made
for and against the ruling. The Morri
son case was freely quoted.
| I don't see how the court can take
the position it does,' said Senator Hes
unless it is arguing for higher eduea-
ton. hope, however, that Kansas will
not take a step backward like Colo
RADIO, which permits juror to qualify,
no matter what opinion he may have
formed, so long as he contends he can
give the defendant a fair trial. Be-
sides, 1t is a fact that many times earl
| Ter in this examination the court has
sustained challenges on this very
point"
81 don't care to argue with the attor-
ney," said Judge Geiger, "as to the
matter of higher education. I realize,
in the light of former examination and
it's results, that possibly I may have
taken too liberal a view of the con-
struction of this jury law. If I now
narrow down to what Iregard the scope
and intent of the law, I do not wish
1 to be criticised. believe that the spirit
Newspape are different. Some are
critical, careful and discriminating in
the manner in which they gather news,
while others are liable, for the sake of
sensationalism, to print mere rumors.
What has been said does not in any
way cause me to change my mind. I
do not believe that the supreme court
will, in this case, construe this partic-
ular jurors answers as to his opinion
as q prejudice against the defendant,
The challenge will be overruled.'
Later Judge Geiger commented on the
fact that veniremen were apparently
not too anxious to serve. Many have
| learned that If they say they have form
ed an opinion as to the guilt or inno-
| cence of the defendants and that it
would take evidence to remove such an
opinion, they disqualify themselves.
Hereafter" said the judge, when a
Juror has been disqualified he must re-
main in the courtroom until court has
| adjourned and not go about town." 1t
has come to the judges ears that ex-
cused veniremen have been passing the
/ OH to rt,n Iax 7nf han
called how easy it is to be liberated.
A young farmer who was drawn as
one of the venire in the afternoon
begged the judge to be excused He
said that before the summons had been
served upon him he had procured q
license to marry and that he expected
to discard single blessedness today.
I Judge Geiger did not seem to think
excuse for not taking his place in the
| Jury box In a few minutes the young
mans name was called.
From what you have read and
formed an opinion as to the defend
ants guilt or innocenee?"
II have" he said positively.
would it take. evidence. to remove
TT certainly would he almost
shouted in his endeavor to be under.
you're excused" said Judge Geiger
mat juror lids d iIOSl AIHDOIldHt en-
gasement today. Let such good worl
go on
Another juror said he had read moth
ing about the homicide.
Why" he was asked, cant yot
read?'
Just little" he replied. "but no
very WELL
1--WE challenge the juror" said Sen
ator Hessin. ION the ground that h
will not be able to read the courts in
! sstructions and if they are read to hin
in the jury room he has no way o
} ascertaining whether or not the othe
juror who is reading Is reading cor
rectly or not
Can you read the courts instruc
lions ?" asked the Judge.
Are they printed" asked the juror
Eyes, typewriter"
Il. can read that all right
1.-THE challenge will be oVerruled.' -