The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-19
SPECIAL VENIRE OF
FIFTY NAMES DRAWN
Attorneys Have Hard Time to
Secure Jury.
IN THE Balm CASE
Revolver Found in Yard to Be
introduced.

After having three continuances the
case of the state versus Ralph Balm, fol-
the murder of William Flynn, finally
came to trial yesterday afternoon in the
district court.
Judge Wilson called the case promptly
at 1:55 and the prosecution announced
themselves as ready for trial. After re-
ceiving an affirmative answer to his in
quiry as to whether the gun round in
the back yard after Flynn's death would
be produced S. B. Amidon replied that
The defense was also ready for trial. o.
u. Eckstein. county attorney, and Comfy
& Comfy represent the prosecution, while
S. 3. Amidon. Thomas B. Wall and Adj
ans & Adams are attorneys for the de-
Tense.
BY 4:30 o'clock the list of sc jurors for
the January term had been exhausted and
special venire of 80 names were drawn
for Wednesday afternoon at 1:30. At the
time of adjournment only eleven men re-
manned in the jury box, two of whom had
been passed by both prosecution and de-
Tense, and these are liable TO excuse when
The names drawn on the special list are
as follows: A NJ. Campbell, Eagle town.
ship; G. d. Wood, city; Charles j.
Daugherty, Delano: c. E. Diehl, city; j..
Chappell, city; James Blain, city; c. w.
Doyle. city: John Rudisell, city; c. A.
Hatton. city; II. r. Watt, Minnesota:
William Dow, Greedy; w. c. McCune.
Payne; c. E. Goodyear, Waco; j. w. Mof-
fatt, city; Charles Caldwell. city; Thomas
Scott, city; j. H. Barnett. city; A. Z.
johnson, city; John Braitsch, city; !. T..
Ault, city; c. D. Fazel, city; S. c. Luel-
len. Eagle; ]. o. Gilbert, city; B. F.
Smith. city; George j. McNeal, city; J.
H. McIntire, city; II. A. Bliss, city; II. B.
Elsea, city; r. Robson. city; Lewis lis
sci, Alton; ]. r. Center Minnesota; w.
F. Wilson, Kechi; Otto Fettke. Kechi:
Matt j. Parrot, city; Fred l.. Bell. city;
Frank Davis Waco; Z. Thoman. Salem:
NJ. G. Walsh city; Theodore OFT. Illinois;
Erasmus Shull Rockford; J. T. Temple.
Eagle; George Innes, city; j. p. Furlong,
city; c. w. Strong, Sherman; o. l.. Win
tiers. Eagle; Charles Fern, Greeley; Ed.
Dorsey, city; Jerry Stroud, Alton.
When court was called to order all of
the jurors for the January term were
present with the exception of w. II. Gull
ter and one other who are not in the
county. A. NJ Carter of Peck was not
present when the roll was called but he
afterward explained his hardness by say
ing that he had just arrived in the city
On the train.
After the usual instructions to the jury
by Judge Wilson. wherein he cautioned
them about converSing with any one con-
corning the case or reading the articles
that the newspapers would publish in
regard to the case, jurors were called. F.
Gadeke of Waco was excused on account
of sickness. Henry Boyer of Greeley
was excused because he had no one to
take care of his stock during his alb
sence; w. w. Graves and c. NJ. Combs
were excused because they had no one
TO take their places where they were en-
ployed Claude Bryan and John Cobb
were excused because they had no one
to do their work during their absence.
Nick Marx wished to be excused to at
tend wedding but Judge Wilson did not
deem this reason sufficient and he was
retained
The twelve jurors first called were:
George Downing, j T. Foster. George II.
Murray. ]. Strickland. W. Crawford, J.
c. Winters, V. NJ. Dadisman. w. J.
Stearer n. r. Grant. A Appel, w. s.
Cooper and Charles Lawrence.
The examination of the jurors was then
commenced and one by one, on account
OF various causes they were dismissed
and their places filled by others. only to
be dismissed on examination. When A.
M Carter of Peck was called he was the
Z 10 Of n,
court adjourned eleven men who had
} been passed by the county attorney re-
manned in the jury box. two of them. A
B. Felix and d. w. Carrothers. had been
raised by both the defense and the prose
cution.
When G. A. Hammers was examined by
the defense he was dismissed because of
having expressed himself as not in favor
of capital punishment A section in the
Kansas law which expresses that a juror
who is not in favor of capital punishment
Is disqualified, was quoted by Mr.. Ami
don. and his challenge was sustained by
Judge Wilson.
When Nick Marx, who had asked to be
excused on account of a wedding, was
examined, County Attorney Eokstein ask
ed him If he had formed any opinion .n
the case. He promptly responded that he
had.
Would any evidence introduced cause
you to change your opinion?' asked Mr..
Eckstein.
NO. sir" responded Marx.
To the amusement of the court and the
embarrassment of Marx. the county at
torney thsn asked: when did you say
that wedding was to be-"
After the last name was called and II
was found necessary TO issue call for
a new venire of 50 names. the jurors and
witnesses Were dismissed.
The witnesses were excused until ! 80
Wednesday afternoon and the jurors who
m. Thursday. Those jurors remaining in
the jury box Were excused until Wednes-
DAY afternoon at So
The jurors called for this term and
who were all excused from the case yes
terday. were: George Downing. city; 4.
NJ. Carter. Salem: Henry Boyer. Greeley;
John T. Foster. city; George II. Murray,
city; l. NJ. Combs. city; Joseph Strick-
land. city; VIM. Crawford. Valley Cen
ter; V. NJ. Dadisman. city; Claude Bry-
an. city; NJ. ]. Shearer. city; F. Gadeke.
Waco: y. r. Grant. Ohio: A Appel. city:
w 5. Cooper. Park. Chas. Lawrence.
city: Frank Koob. Grand River; E B.
Badger, city: George Hammers. MINES
cah: John Cobb. Rackford; Alonzo Lem
on. city; Frank Mitchell. Illinois: Chas.
E. Williams. city. John jennings city: