Durango semi-weekly herald., 1905-09-14
THE zIPPERiAN TRIAL.
From Mondays Daily.

From Mondays Daily.
The retrial of Jacob Zipperian
charged with the felonious killing o
Matt Luxsinger az Pine river tive
years ago. for which the defendant
was convicted year ago ana sent Il
the state penitentiary. was begun in
Judge Russell's court this morning
Attorney Haldeman OF Longmont and
Judge Minor of Denver defending, and
District Attorney ]. A. Pulliam and At
turneys c. A. johnson and F. C. Per.
lins prosecuting. In the former trial
OF tho case Ben h. Russell assisted
iu tho prosecution. The case, on pro
coethgs in supersedeas. by McClos-
key and Reese. was remanded by the
state supreme court back to the dis
trict court for retrial on assignment
Of error
All but nine of the jurors on the
regular panel sof "a had been excused
for cause at 11.15 this morning and a
special yeuire for fifty men had been
ordered by the court. The regular
panel is composed as follows. John
Everett Matt Harrington. John G.
Hampton, o. p Frary. James N. Gal
loway, John Juby. C. NJ. Hendrickson.
w T Darlington. James Conway. Ed
Clement. George Dick. w A. Bay.
Lawrence Miller. VIM. Johnson, c. H.
partt J. p. Airy. Joseph Emminger.
Patrick Nash f. r. Scuten. Cornelius
Porsch, e. H. Van Endert. o. A. Dal
ton, S. w, Smith and John Meuser.
Those remaining, not challenged for
cause. at noon were Ed II Van End.
crt II. II. Rose. Pat Nash. C. NJ. Hen.
erickson, Jas. N. Galloway Matt Har.
rlngton. Joe Emblinger, o. A. Dalton
ana Mr.. Johnson of Lightner creek
Sheriff Thompson and deputies will
be very busy this afternoon subpoena.
Ing the additional special lurymen.
The case is one which attracted
much attention at the first trial and
considerable comment since. Public
sentiment at first was much against
the defendant, 1t is alleged, on account
OF the widely published statements in
the newspapers. The relatives of the
defendant employed the former attor.
neys to take the case to the supreme
they expect to disprove some of the
former testimony damaging to the
defendant
FIFTY OF the names ordered from the
Jury box contemplated a return of %
at o'clock this afternoon and % at
3 O'Clock tomorrow morning. Those
returned by the sheriff this afternoon
save few who were not found are as
follows; Fred Rockwell. Oswald Link,
Francis lie Van, a. J. Gibbs. II d.
McBriie, Herman Meis, Harry Kettle
well, VIM. Landwher. j. b. Pulford.
Rowe Pingrey J. NJ. Mccall II. A.
Muller, Geo. C. Franklin, d. J. Nc
Giilis, A. X. Ferguson, b. n. Freeman.
Frank Eldredge, A. b. Douglass. ]. p.
FraiY $. Dale, c. C. Graham. Chas.
Naeglin, Thos. Edwards. Fred ]. Egan
A. J. Chitwood and sam Campbell
At $3.50 this afternoon the 25 new
names We're being nearly exhausted.
but this leaves nearly $50 more in the
box
Listening to the examination OF per.
sons selected as jurors suggests that
there are many in business and other
wise engaged who do not care to ac-
eept a responsibility so serious as con.
vieting or acquitting one charged with
crime.
A number of witnesses for both
prosecution and defense are already in
The city For the prosecution there
are George Taylor. John Williams Mr..
Edwards, Dan Meyers and two or three
OF the Wommer brothers For the de
fense there are John Watson, Henry
Ridge, George Patten and Mr. Hardy
The father and mother OF Matt Lux
singer deceased, are here. and also
son of Osmer C. Sommers, who mar
ried a sister Of deceased in Minnesota
since the former trial was held nearly
two years ago. Nh. Sommers lived IN
the Pine river country from childhood
The progress OF getting a jury will
be slow as long as selected jurors un-
der examination swear they have opin
ions which evidence would not change