The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-23
after A JURY.
Great Difficulty Experienced in
Securing One.
Heck Assault Case Is Conse-
Quently Dragging.
MANY HAVE OPINIONS.
One Man Found Who Had Not
Read Of Case.
Attorneys Are COntesting Every
Point StubbOrnIy.

was consumed this morning in an at
tempt to secure a jury for the second
trial of Cal Heck, who is charged with
assaulting and robbing W. f. Kuntz on
the night of the 8th of January. But
little headway was made toward the
trial of the case this morning and it is
not probable that much will be done
towards the introduction of evidence in
the case today. All of the available
men on the regular and special venire
/ were exhausted and at the the jury
lacks one man and the state and prose
| cutOn have challenges which they
| may yet see fit to use. The names for
! the special venire which was exhaust
/ ed this morning were as follows:
J. Weiss, Topeka city; G. G. Blake
/ ley, Topeka city; c. W. HOdgson, To-
/ peka city; A. w. Metcalf, Topeka city;
I. C. Fletcher, Topeka city; W. J.
( Stagg, Topeka city; G.. NJ. COttreu, To-
peka city; c. c. Nicholson, Topeka
/ city; A. H Bates. Topeka city; John
/ LOWrie, Topeka city; E. r. Hayes, To-
peka city; A. A. Rodgers, Topeka city;
/ Ahi Robbins, Topeka township; H. H.
Hershay, Topeka townships; William
NJ. Bruce, Topeka township; Thomas
a Grange, Topeka township; @. H.
/ Nagle, Topeka township; J. c. Baugh-
man, Topeka township; N. E. Cope
land. Topeka township; w. J. Carson,
/ Topeka township.
The case of the state is being han
/ died by County Attorney Hungate, as
sisted by J. R. MCNary, while the case
/ of the defense is in charge of Galen
| Nichols, assisted by W. J. Costigan of
/ Ottawa. w. A. DeFOrd. who was
Heck's attorney at the first trial, has
withdrawn from the case, as he is now
retained by w. R. Hearst in his fight
to secure the mayoraIty seat in New
York city.
The case which is now on trial prom
ises to be one of the most Stubbornly
I contested tried in the district
court of this county and the indications
are that not an inch of ground will be
conceded by either side. This was
brought out prominently this morning
when it was seen that the special venire
of jurYmen would be exhausted and it
was proposed that the sheriff be permit
ted to subpoena an extra half dozen
men so that the one vacancy might be
filed. This was objected to by the at
tOrneys for the defense, but as Mr..
Nichols was leaving the court room for
lunch he signified a willingness to make
such an agreement with the states at
torneys.
service 28 of them were excused for
cause. Attorney Nichols excused three
on preemptory challenges while County
Attorney Hungate used but one of his
challenges. OF the 43 men called for
Jury service there was but one who said
that he had not read of the case in some
of the papers at the time of the crime
or some time since. The court room IS
crowded to its capacity and there has
not been a larger crowd present at
trial since John Collins was convicted
of the murder of his father. The mother,
father and two siters of Heck sit just
back of the accused man who IS by the
side of his attorneys whom he frequently
cons1IIts. The prosecuting witness in
the case, w. F. Kuntz, sits directly
across the table from the man he ac-
cuses of the brutal assault which crush
ed his head and left indentures in his
skull through which the pulsatlons OF
the brain may be seen.
Most of the Jurors excused this morn
ing for cause stated very frankiy 5S thdt
thew had formed opinions which 1t would
take evidence to remove, While one OF
the excused Jurors asked to be excused
on the grounds that he could not possi-
blv give the accused a fair trial
Tilt Between Lawyers.
The first tilt between the lawyers
in the case came up early IN the ex-
animation of the jury TINS norniIlg,
when County Attorney Hungate asked
a nrospective juror would the fact
that the prosecuting witness In TINS
case has been charged with violating
tbe DrohibitOry law bias your opinion
in anv wav or cause you to d1scredlt
b{e festimonv?" Attorney COstigan
irnrnediately objected to the question,
and after considerable argument be-
tween the lawyers the objection was
sustained by Judge Dana.
Of all the fOrty-three men examined
for furymen there was but one OF
them who knew either of the defend
ants in the case or their relatives.
] There was the usual scramble to get
off Of the jury, and there was put one
I of the original men called yet re-
tained on the jury who answered the
questions satisfactorily to both the
plaintiff and the defendant. But he
wanted off of the jury and wanted off
hadlv. He first asked County AttOr-
nev Hun gate to excuse him, and then
appealed to Attorney Nichols, only to
be told that they had no power to
excuse him He then appealed to the
Judge with the request, Il want to go
/ home Judge Dana refused to ex-
/ cuse him. and he subsided appar-
entity resigned to his fate, until a lit
tie later on Attorney Nichols excused
Jurynan Judson because he had at
one time ben a constable. This put
an idea into the head of the 1uryman
who wanted to go home, and he called
the attention of the attorney for the
/ plaintiff to the fact that he was once
/ q constable
you say that you have ben an
officer Of the law % said Attorney
Nichols what Office did you hold %
1 ssT was a constable. ." replied the man
who did not want to serve on the jury.
How long ago was this that you were
I q constable ?" asked the attorney
/ After few seconds OF silent figuring
the juror replied, About twenty-five
years ago"
seWfI that fact prejudice you in any
way in this case2" asked the attorney,
and as the juror answered in the neg
ative he sank back in his seat with
/ sigh of resignation. and from present
/ indications he will be one of the jurors
who will decide the case, even though
he does want to go home.
Jury Is Secured.