The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-25
The Prosecution Has Two and
the Defense Has Three.
STATE PASSES JUROR
After He Had Declared OppO-
sitiOn to Capital Punishment.
Later 1t Was Developed That
He Excepted Anarchists.

men QudllIloQ DIS jurors ana the 1OuT-
teenth and fifteenth peremptory chal-
/ lenges were expended at the Steunen-
berg murder trial this morning. The
state has but two peremptory chal-
lenges left and the defense only three
more, so that the completion of jury
building is finally in sight.
! Talesman Finley Mclean, who quail
flied to the satisfaction of the state
! late yesterday afternoon was not long
in passing muster to the satisfaction
of the defense. AS soon as it passed
! Mclean, the defense challenged Juror
| John Whit1ock of chair No. 6, and the
filling of the vacancy created one of
| the most remarkable discussions of
/ the entire jury quest After two tales
| men had been dismissed for bias be-
! couse of fixed opinions, J. E. Tour
/ telIotte, architect of Boise, was called.
Under examination by Senator Borah,
! he said that he was opposed to capital
| punishment, but regardless of this he
| was passed.
! Clarence barrow. who examined
Tourtellotte for the defense. went d.
rectIy to the attitude of the talesman
on capital punishment. Tourtellotte
! declared that he could only justify
| capital punishment in time of war ana
when society must protect itself from
| organizations seeking it's destruction
| 1t developed that he referred TO an
| archists in the latter connection and
! Tourtellotte said that he was prepared
/ to hang an anarchist on sight Other
| than in war and anarchy, society had
no right, he thought, to take human
| life: no right to take anything that
it could not give.
! talesman did not mean the western
| Federation of Miners when he refer
| red to organizations that made war
on society, and after conference WIN
/
| that the defense passed Tourtel!otte.
| AS the latter clearly disqualified MINI
| self for Jury duty by his attitude to-
ward capital punishment, IT was not
| clear why the state passed him.
The state then challenged Juror NC
| Tntvre of seat No. and the Search
for a worthy man to fill the place pro-
! ceeded.
state Produces More Witnesses.
At the opening of the Haywood
trial TODAY Judge Wood granted the
state permission to indorse the names
of several additional witnesses on the
Indictment against the accuseu IliI
ers the defense noting an exception
under a decision of the ldaho SUI
! preme court which held that the ming
of additional witnesses, after the trldl
has begun is error without prejudice
Attorney Richardson declared that the
| defense had been unable TO locate
! many of the witnesses for the state
and had been informed by counsel Tor
! addresses of many OF their own VII
nesses.
Finley Mclean, a Scotchman by
birth, who was accepted yesterday py
| the state. qualified this morning, after
a thorough examination by Attorney
barrow of the defense. He took his
place as a juror in seat No: 2
The defense exercising I me seveI dti
cused John Whitlock, nurseryman, at
No G. from further service. Whitlock
was formerly a guard at the penl-
Tertiary.
Mace Whitlock were dismissed be-
cause of bias and then came one OF
the most interesting examinations OF
the trial J E. Tourtellette, an arch
itect was called to the box. He first
stated that he had an opinion, but II
was not such as he would condemn
man upon. Asked if he was opposed
to capital punishment, Tourtellette
caused quite a stir by answering;
Opposes Capital Punishment.
LAS a general proposition 1 am. 1
believe the death penalty should be
inflicted only in cases of war, ana any
organization which is against soclety,
The defense, when its examination
began, questioned the talesman close
Iy on this point, Mr.. barrow taking
the initiative.
81 believe" replied Tourtellette, that
the only excuse for inHicting death is
self defense. A man has right to
defend his own life. So has society
when a band of anarchists is formed
to war against it, 1 don't know very
much about anarchists, but if they are
what 1 think they are, L believe IN
hanging them on sight.
What about socialists?
ST don't know much about social
ists.''
cation when you said an organization
against society,"?
Did you mean the western Fedora
ton of Miners?"
cor a labor union p ,e
mo. 1 meant what I take as an
you mean newspaper anarchists. 1
suppose, anarchists as described. in
newspapers"
Newspapers are the principal
means we have of enlightening orr.
selves" argued the talesman. Assaa
You say that you are opposed to-
capital punishment in murder cases ?'''1
"Yes. I don't believe society has a
right to take away from a man that
which it can not give. Capital pun
ishment is justif1able only in the ex-
IRENE cases 1 have already spoken
Of"
Have you any thought in your
mind that this defendant may belong
to such an organization as you have
said was against existing society,""
He He'd Not Thought of 1t.
'I had not thought of 1t. but can
now see that he might"
Tourtellotte said he had some diff
f1culties with labor in the past few