The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-05

Stephen Shurba today listened to a
statement Of what the state intends
to prove, and to part of the testimony
by which Assistant County Attorney
John F. Dahl will attempt to prove
that the defendant deliberately ana
with generalization shot and killed
John Hamornik in saloon at l9l4
July 4. He listened attentiyely put
gave no sign of being disturbed, ne
appeared a veteran in court, and MS
actions did not indicate that he IS but
a boy of l8-as asserted by the de1ense
listening to testimony which may re-
suit in his sentence to the galloWs ZOE
murder in the first degree.
The selection Of the twelve jurors
who are to decide as to the boys. guilt
or innocence was completed shorty De-
fore noon today. Three jurors were Sc
cured today and with less difficult
than was experienced yesterday: Inc
twelve were chosen from total or nj
ty-three veniremen examined, and are
men from various walks Of life. Both
the prosecutor and Charles A. Dalby,
attorney for the defendant. express
themselves as satisfied with the panel.
Opened for the State.
Immediately after court convened
this afternoon Mr.. Dahl opened the
states case to the jury, briefly but
forcibly outlining the story as 1t Will
be told by the state s witnesses. ne
said he would prove that on the night
of July 4, in the elder Shurba' g saloon
Hamornik and the saloonkeeper were
talking in front Of the bar when Steph
en- Shurba, the defendant, entered, par
TALLY under the influence Of liquor, and
wanted more to drink.
The prosecutor said he would show
that dispute arose between the
.Shurbas, and that Hamornik offered ad
vice. Young Shurba objected to THU
and tried to strike "Big john Ham
sornik, who in turn forcibly chastised thu
young man. ''We will show you tina
Shurba became .enrageed and, realizing
that he was physically Incapable e pa 81 2 :
odd,T said Mr.. Dahl: eve will shov
that he left the room, went into tn,
: toilet, and there changed the BLANKS
i that he had been using in his revolve
3i5for the Fourth Of July celebration,s ant
put in loaded shells. He then returne,
Ito the barroom, and we will introduce
witnesses who will testify that b
walked up to Hamornik, who was drink
/ ing at the bar, and fired at him: TIL
first shot missed it's mark, and Shurb
11Oo IWAOS AloAS. S1Ao VI oAAS DoA1So
entered Hamornik's heart, causin
death few minutes later.'s a =: r. .
\. Fermentation, He Says. -,
Il The speaker dwelt upon the eviden
: generalization shown by the defend
anti leaving the room and exchangin
shells in his gun. He also stated tina
:. he would prove that Shurba1 had sal
}. he. would shoot Hamornik, and thi
}, would 20 to prove the premeditatio
necessary for first degree murder. TIL
: prosecutor intimated that the defens
would 'endeavor to elicit sympathy b
bringing out the boys youth. It az
pears that the state will attempt to sho7
that the defendant is considerably olde
than he admits. .-. l.
Following Mr.. Dahl's opening, th
evidence Of the coroner and others t
| prove the corpus delicti'' was intro
l duced. 60
Neither the state nor the defense hs
asked to have the jurors confined, an
8 the probabilities are that they will /
: at liberty except during court hou1
I and after the case has been submitte
: to them. If this is true the trial wi
be discontinued tonight and will not /
: resumed until Monday morning. -.
:. The Peter Blair automobile ma,
slaughter case, slated for trial tn
; week, has been passed to @Monds
morning, On account of the inability
7 get a complete venire from which
choose jury. : = ~