The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-06-01
CONT # GROWS
SHAKER ASTEST-
lMONY IS NEAR
CHALLENGES ALLOWED TO BOTH
SIDES IN HAYWOOD TRIAL
NEARLY USED UP.
TWO VACANCIES IN THE JURY
New Venire Proves Fruitful and Mat
ter of Hearing Witnesses Will
Not Long BE Delayed.
(By Associated Press.)

BOISE, Idaho, May 31.-There re-
main but two vacancies in the jury
that will try William ID. Haywood for
his life for alleged participation III
the assassination of Frank Steunen-
berg and there is reason for hoping
that they will be filled by tomorrow
afternoon. AS jury selection mar
rows down to final chances, interest
in the case is being generated and
the contest grows distinctly sharper.
Both sides are eager and anxious,
and they anXiously watch the last
talesmen whose names are drawn
from the lottery box on the desk OF
the clerk of the court. The state has
exhausted it's arbitrary rights as to
the personnel of the jury-it used its
tenth peremptory challenge today
and in all probability the defense Will
use its final chalIenge tomorrow. Al
ter that the selection of the twelfth
juror must be left to fateful chance
for the first talesman who broadly
comes within the requirements OF le-
gal qualifications must be chosen.
There may still he dismissal by mu-
tual agreement, but it is unusual for
contending counsel to agree upon the
disqualitications of juror.
The new special Venire of 81 tales
men that presented itself when the
trial was resumed this morning,
proved very fruitful in men qualified
to act as jurors. There was the usual
offering OF asserted excuses but only
five of them moved the heart of the
now stern court. Talesman j. A.
Robertson, the very first man called,
quaIlfied in a canter in vacancy
created by the seventeenth peremp-
tory challenge, and the defense at
once challenged Juror Harmon Cox,
the veteran whom it tried SO hard to
disqualify on Monday last. This
made the ninth challenge used by the
defense. After three failures, H. F.
Messacar successfully withstood the
fire of questions from both sides and
was accepted for the place.
Then the court finally dealt with
Juror Tournellotte, who opposed cap
ital punishment and whose manifest
disqualification has been running
through the trial for several days.
Judge Wood called the question up
and first both sides fenced on it. FL
nally the state challenged Tourtel-
lotte and the court excused MIN. me
defense reserved point on the mat
ter because it may prove valuable
fighting ground on appeal. Talesman
Nelson Freeland qualified for Tour
stellotte's old place bu the state did
not care to have him on the jury and
fired it's last challenge on him. Sen
ator Borah wanted to pass the state S
last challenge temporarily in order
to get other vantage ground before
using it, but Judge Wood ruled that
if passed it would be waived and lost.
Here the pay streak of quallhca-
tion pinched out and the vacancy was
untitled when the hour of adjourn
ment was reached. Alfred Eoff,
capitalist, who is suspected of dis
qualification, was caught i'll the chair
at the last moment before single
question had been asked and to the
amusement of the crowd was sent to
the jury house to be carefully locked
up for tonight.
AS the court rose, Judge Wood
significantly remarked to counsel
that the length of tomorroW's session
would depend upon the CELEBRITY Win
which the Jury is completed.
Mrs. Haywoods wheel chair was
today moved alongside that OF the
prisoner and they remained together
through both morning and afternoon
sessions. For hours the prisoner
held or stroked the left hand of Mrs.
Haywood, which is withered by
paralysis. Mrs. Steve Adams joined
the grouD in the afternoon.