East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-10-07

Charged with the murder OF Jack
Monee, James Sawyer is now on trial
for his life in the circuit court and II
is the third successive murder case
to be worked out in the local court.
Unlike the two preceding cases
that of Sawyer is for first degree
murder and in the examination OF
the jurors question has been asked
that was not heard in the Rhonimus
or Horseman cases. II IL the query
as to whether or not the Juror has
any conscientious scruples against
imposing the death penalty should he
be satisfied as to the guilt of the de-
fendant.
This question was frequently asked
today by District Attorney Phelps and
II was noticeable that the questions
caused Sawyer to vince. The most
unsatisfactory thing about the matter
from his standpoint was that those
who did have such scruples were all
excused from jury duty. During the
forenoon nine different men were eX-
cused for cause and In most instances
the antipathy to capital punishment
was the cause"
Sawyer is being defended by Colo
mel ], II, Raley and W. G. IL Prultt.
while District Attorney Phelps is
handling the prosecution alone.
Although charged with more Sc
rious crime than either Rhonimus or
Horsemap. Sawyer has not drawn the
crowd that listened daily to both the
former cases. The defendant is ap-
parently a stranger to audience and
jurors alike and no relative or friend
sits beside him before the bar OF JUS
tice.
In appearance Sawyer is slightly
under medium size and he is SEEM
ingly about 80 years OF age. He is
smooth shaven and Is of a nervous
temperament. He has a serious look.
and as the jurors were called today
he watched each one keenly.
Jury Secured Easily.
During the forenoon today IL of
the 12 Jurors were secured and had
not the panel become exhausted the
entire jury would doubtless have been
drawn from the box and n recess was
chosen. Shortly before ~ o'clock the
last name had been drawn from the
box and a recess was made necessary.
Those secured during the forenoon
were as follows: o. p. Bowman,
Frank Greer, ]. X. Graham, Frank
English, ]. E. Arkell, William Blake
ley. C. NJ. Hemphlll, Frank Hilbert.
H. Lorenzen, F. H. Richmond and j.
S. Ritchie.
The following worc excused for
cause: ], B. Knight, ]. S. Mcleod,
f, T. Byrd, Fred Weber, S. B. Neil,
Thomas Brewster, w. r. Meiners,
Frank Dickerson and David Ferris.
Those excused preemptorilly were:
Frank f. King, by defense; r. E.
Stewart, by state o. F Steele, by de-
fense: C. A. Winn, by defense, and f.
F. Straughan by defense.
Trial Is On.
At the opening of court at 1880,
John W. Bryant father of the coun-
ty stock inspector, was called and
qualified as the 18th juror. The
jurye las then sworn by the county
clerk.
Immediately after the selection of
the jury District Attorney Phelps out
lined the case for the state, while
Colonel Raley did likewise for the de-
fense. BY that time It was 1880 and
a brief recess was taken before COM
mencing with the witnesses.
DR.. d. ]. McFall was the first wit
ness called for the state and he took
the stand Immediately after court re-
convened from the recess Dr. Nc
Fall was the attending physician for
Monee, who died at the st. Anthony's
hospital several weeks after he had
been shot by Sawyer.
Was q Soldier.
Before coming here to work on a
farm Sawyer had been In the army,
and this afternoon he said he had
been for two years with the regulars
in Cuba, He is just 80 years Of age.