The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-26

sumo pfODdDly the entire afternoon be-
fore the acceptable twelve men are
secured.
The number excused up to noon and
the causes are given in this table:
Opinions which would take evil
dence to remove .......- %
Talesmen who have served before in
this term ..-.l Il
Professional exemption .........
Objection to intiiction of death
penalty 1
Defective hearing ......-..-.....-
Sickness in family ---..-........
Peremptory challenges ........
Iotal .'..'..--.. -
When court adjourned at noon
eleven men were in the box. Fourteen
members of the special venire did not
appear in answer to their summons.
The state had exercised two per-
emptory rights and the defense three.
The state still had four right left and
the defense nine.
The jury is remarkable for the num-
Der of men who stated that they have
formed opinions with regard to the in
nocence or guilt of the defendant,
which would take evidence to remove.
While such a wholesale disqualification
on their own part may arouse some
suspicion that quite a number of these
men did not want to serve, there Is
nothing left for the court to do under
step aside please.
All of those who had opinions fixed
in their minds, say that they obtained
their information from the newspapers.
OF the twenty-three excused for this
reason, seventeen stated that they had
read the story of the crime in the Topeka
State Journal.
A feature that often does not appear
was the excusing of fourteen talesnen
by the defense because they had served
4r4r, hi 9T
court or within the last year. Hib Case,
who is Smiths attorney, is determined
to take off all such persons who are
called on the jury. It seems to be his
theory that he can obtain better jury
from persons who have not sat in the
box at any time, or at least not Tor
a number of years.
Two doctors claimed exemption under
the law; one man stated that ne oD-
jected to the infiction of the death pen
atty. evel- though the matter is optional
with the governor and never exercised,
two men suffo-ed from defective hear
ing, and Two had sickness in their fam
ilies. These are a multitude of reasons.
and it is very likely that some add1-
tional ones will be had before the jury
is finally secured.
The following are the names drawn i'S
the second special Yenire of so names
at noon: ". +. Bellman. w D Carpen-
ter, Robert Cooper. c. T. Ginger, E. 9
Fox, David Lawry, B. G. Walker, J. II.
Martin H. S. Knox, A. J. Heath, w A.
SticlxelI. w. A. Steinrauf,F. H. Webster,
w B. Warren, Fred Wellhouses B. L.
Reese. w. w Smiley, F. B. Simms, Q.
r. Ritchey, w. D. Gossett G. G. Denl-
son. c. J. Eddy, J. NJ. Caldwell, h a
Kingsley. Charles A Holland, H. c.
short A. B. Chamberlain, J. P. Kelly,
c. G. Blakeley H. D. Schmidt. T NJ
lanes w r. LoWrance, Z. w. Rem
wick. w L. Payne, r. R. Simcock, NJ
Mathewson, R. A. Randlett Homer
Rouphton. J. H. Noble, z. T. Hooker
II + dalton. 6. W. Case, L. o. Lock
hardt H P Main. E. H Anderson, T.
P Newell, J. W. Bigger, A A Aldrieh
Gustave Hobart A. L. Dun All OF
these men live either in Topeka or To-
peka township. They were taken from
this part of the county because they are
easily obtainable.
The cost of this case viii be ex-
tren,elv large. To begin with, an error
In the clerks Office in presenting the
defendant with the information, pre-
vented the case from commencing on
Tuesday morning, and delayed it day
and one-half or until Wednesday
afternoon. Fully another day and one
half will be consumed in empaneling
the jury. That will mean three days
before the actual taking of testimony
viii commence. Fees for three days
will have to be paid the witnesses be-
fore their services are actually needed
One hundred and tWenIy-IOuf Jurors
had been summoned up to noon today.
Some of those will have two days
fees and some more. The expense win
be very large before the trial is COM
pleted-
oliver Smith, who is on trial for the
murder Of Tom Bair in North Topeka
on March ,. has been In the court
room steadily since the work of en-
Daneling the jury commenced. He
watches everything closely, but with
out the slightest show of emotion on
his pale face He is over fifty years Of
age but looks younger because he is
smooth shaven- Just the trace of a
smile fitted across his face this morn
ing wslea one Of his attorneys leaned
over and whispered something to him
other than that he sits very quiet and
immovable.
BARS sisters, dressed in deep
mourning. are also at the trial. They
watch tIe proceedings verv carefully.
weather Indications.