The Montgomery advertiser., 1907-06-01
TWO PLACES
TQBE FILLED
Pergl5ptory Challenges
.s,early Exhausted.
THE STATE COMPLETES WORK
Scotch Venireman Creates Amuse-
ment by Ready Hunor.
New Special Panel Proved Very Fruit
full When Court Resumed Trial
or Haywood For Murder Of
Steunenberg.
THE STATE COMPLETES WORK

\
but two vacancies in the jury that
will try William Haywood for alleged
participation in the assassination of
forer overnor Frank Steunenberg,
and there is reason to hope that they
| will be filled tomorrow. AS jury Sc
| lection narrows down to final chances.
| interest in the case Increases 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 box
on the desk of the Clerk of the Court.
The State has exhausted it's arbi-
| trary rights as to the personnel of
tn jury, ii having used it's tenth per-
emptory challenge today and in all
| final challenge tomorrow. After that
the selection of the twelfth Juror must
| be left to fateful chance, or the first
talesman who broadly comes within
| the requirements of legal qualifications
must be chosen. Talesmen and jury
men may still be dismissed by mutual
agreement, but 1t is unusual for con-
| tending counsel to agree upon the dis
| qualification of juror.
The new special venire of sixty-one
| talesmen that presented itself when
| the trial was resumed this morning
proved very fruitful There were the
usual excuses but only Ave of them
moved the heart of the now stern court
Talesman Robertson. the first man call
| ed, qualified in a canter for the va
cancy created by the seventh perempt-
ory challenge and the defense at once
challenged Juror Harmon Cox, the
| veteran whom 1t tried SO hard to dis
qualify Monday. This made the ninth
challenge used by the defense. After
| three failures H. F.. Messacar success
| fully withstood the fire of questions
from both sides and was accepted for
the place. Then the court finally dealt
with Juror Tourtellette, who opposed
capital punishment and whose mani
| fest disqualification had been running
for several days Judge Wood called
| the question up and first both sides
fenced on II. Finally, the State chal-
Ienged and thes court excused the Juror
/ The defense reserved seboiHt on the
/ matter because ii may prove valuable
| fighting ground on appeal. Talesman
Nelson Freelana qualified for Tourtel-
lotte's old place. but the State did not
care to have him on the jury ana
fred its last challenge at him.
statutory Excuses.
Fifteen members of the new panel
| pleaded statutory excuses TO JuuSo
| Wood, but he granted only five OF the
applications, leaving fifty-six men 10
draw the remainder of the jury from;
The first task of counsel was to III
|
| states ninth challenge.
| ]. A. Robertson was called to the
empty chair and his good humor III
! answering questions CONFUSED the
| court room at times. Robertson, now
a farmer. was formerly carpenter
| and builder. Governor Steunenoerg
| boarded at his house during part OF
| the time he was chief executive of the
state. This fact, however, the tales
man declared had created no pre1udlce
! I'm his mind against the men on tFlai
for the murder. He said he feIt ne
could do equal and exact justice as oe-
tween the state and the defendants anu
would give the latter the oenellt Oh
| every reasonable doubt. A Republican
ever since Grants first term, Robert
SON said he had taken no interest In
| socialism When asked where he was
born, Robertson declared:
81 was born in that grand little
! country where they raise honest men
and bonnie lassies-Scotland.
He left Scotland at IL years OF age
went TO Canada, and lived there thir-
80 ,,aars then came to the United
| States and lived in Illinois thirteen
years. 49,
| "TJved thirteen years most every
wbereg suggested Attorney Richard
son, of the defense
Yes sir"
where next did you liver
| Nebraska"
| How long?"
Thirteen years"
The further proceedings were inter-
rupted several minutes by laughter
robertson said he got scared out
of Nebraska by the cyclones.
He came to Idaho and had broken all
preyious records by living here SIX
age OF twenty-five. $3.50 ,.sta9~
he was asked,
you bet / did A.h
Robertson was accepted by both
The defense then exercised the ninth
of it's ten peremptory challenges by
axcusing Harmon Coz at NO; Il
The Afternoon session.
When the afternoon session pesan
Judge Wood called the attention OF the
opposing attorneys to Juror Iourleiie.s
in seat No 6, who declared several
DAVIS ago that ne was opposed to capt.
raj nunishment except in case of wal
| and anarchy, Tourtelette also said
he wished to modify an answer he hao
| made to a question from the detense
The Juror was given permission tc
make his statement. He said he would
be prejudiced against any MEMBER OF
the Western Federation of Miners VINO
was an officer of the union at the time
ne the Couer dAlene troubles and who
approved of the miners actions at thai
| time.
Counsel for the defense stated that
HAYWOOD was not an officer of the
federation during the period mentioned
thew had no objection to the juror.
Tourtelette restated his views on
capital punishment and Judge Wood
said he was ready to sustain chal-
lenge from the prosecution on that
ground.
Senator Borah was about to state the
challenge when the defense declared
they would except to IT. The senator
said under those circumstances. ne
would not challenge. Judge Wood in
dicated that a challenge should be en-
tered. Senator Borah stated 1t, and II