The Birmingham age-herald., 1907-05-28
Sheriff VIII Produce Another Special Venire of
 6l Men
ODD NUMBER MAY
 CHANGE TIE BAD LUCK
Richardson, for the Defense, Intimates That Former Lists Had Been Made Up In Manner Unfe
 to the Prisoner

Boise, Idaho. May 27.-The steunenberg murder trial has again been interrupted by the exhaustion of the venlre Just after the special venire was disqualified early this afternoon Judge Wood post poned the trial until Friday morning, when Sheriff Hodgen is to produce an- other special venlre of sxty-one men. The odd number was iocularly asked for by tho defense in the hope of changing the luck that has dogged the even num- bers.
 The work of jury filling is stopped at the vacancy created by the seventh per emptory challenge so that there remain three more peremptory challenges. Be- side that there is chance that Juror Tonrtelotte who objected to the nhieton of the death penalty save in war or an- archy. will be excused when it comes time to finally swear the jury. and Juror A. P. Burns Is suffering from lumbago. These circumstances leave tho date of the con- pletion of the jury doubtful.
 Prior to the issuance of the new venire D. r, Richardson. for the defense. strong. ly intimated that the previous lists had l been made up in q manner unfair to the 1 prisoner. He said that of the 5000 citizens available for jury duty. fully 200 were members of labor unions. One hundred and sixty talesnsen had been before the court and niilx one og the nutrber ryes | labor union man, and only two others were working men. He said that there were only fifty or sixty bankers in the county. yet nine of them had been found in the lists. He said that the figures made another singular coincidence of the talesmen being drawn from farmer and merchant classes rather than from the main body of citizens.
 Judge Wood, in reply said that he had absolute confidence in Sheriff Hodgins, and said he would make no suggestion to l him as to the manner in which he made up his lists.
 Scruples against capital punishment and prejudice against the acceptance of cir l cumstantial evidence were the stumbling 1 blocks of the talesmen examined today.
 Court Is Opened.
 Immediately after the prelminaries ot the opening of court, the state took up the examination of S. M. Joplin, who was called to the seventeenth chair just as court adjourned on Saturday afternoon. In the course of his examination Joplin said that he was opposed to capital pun ishment.
 "I presume the state will pay no at | tention to that disqualification" said Clarence S. Darrow, counsel for the de- rense, amid laughter The state, how ever, challenged and Joplin was excused. | c. J. Northrup, a rancher, and at one l time Il miner and member of the West I ern Federation of Miners, was next called. AtT I City some nine years ago. He later gave l up mining and severed his connection with the Western Federation of Miners, | because, as he said they told me I was getting too old for the mine, so I gave it up and went to farming
 Refreshing Change. Williamson proved a. somewhat refresh- 1 ing change from the run of talesmen un- der examination for cause. lie said that | since he had been called as a juror he had not allowed people to talk of the casa | in his hearing; that he had formed no 1 definite opinion as to the guilt or inno- cence of Haywood and was prepared ta | believe his innocence until he was proven | guilty. The state was progressing splen- | didly along the line of qualification for cause and when just about to pass. the | talesman William, caused much amuse- ment by quietly interjecting the remark:
 
 capital punishment" when he was quick l ly disposed of and Jake Bingham, farm CT of Boise was disposed of for the safne reason.
 | w. s. Bruce, bank cashier of Boise was the fifth talesman called inside ths first half hour. When asked if he knew of any reason why he should not serve Bruce said;
 "I would not, under any circumstances ] convict man where the penalty is death on circumstantial evidence Could Not Take Oath. On further examination he said he could not take the oath as a juror. holding these views. He was challenged by the | state and excused.
 Harmon Cox, retired rancher, who had worked a carpenter in Iowa, Wyoming and Nevada, was passed for cause by the state and his examination for the defense was taken up by Clarence | DarroW.
 | In reply to questions as to his religion Cox said that at one time he was a Bap- tlst and later a Methodist. Twelve years ago he quit the Methodist church and recently became a member of the Cnris- | tian Science organization Cox said he be- | lieved in organized labor as a means oi self elf-protection. At the same time he saw no reason why a non-union worker should not take the place of a union striker. | Cox served three years and half in the army. He was carried through g rigid examination by Mr. Darrow. He was extremely reticent as to the opinion he had formed from reading the news papers, He had read Of the murder Of Steunenberg. but did not believe It until it was confirmed by some one he knew. DO you bel We that Orcnard placed the bomb that lS..ied Steunenberg?"
 Yes. according to his confession. # that is true"
 | Nr Darrov endeavored to make the