The Birmingham age-herald., 1907-05-28
GOVERNOR FRANTZ
 LEAVES CAPITAL
DISCUSSES WORK OF OKLAHOMA CONSTITUTIONAL CONVENTION. HAS ATTEMPTED To MAKE LAWS FOR THE NEW STATE.

LAWS FOR THE NEW STATE. Washington D. C., May 27.--Gov. Frantz of Oklahoma, who has been in Washington for ten days in connection with matters bearing on the work of the | Oklahoma constitutional convention. left for home tonight He was at the White House today, but missed seeing the pres ident who had gone to Mount Vernon. Gov. Frantz said he expects the consti- tutional convention to be called together again as the time named by the conven- ton in which the proclamation calling an election to ratifg it had passed, an cleo tion ordinance would have to be enacted before anything could be done.
 The trouble has been." said the gover- nor that the convention attempted to legislate for all the needs of the pro- posed new state, instead of adopting 8 simple constitution, leaving to the legis- lature the work of passing laws, which properly belongs to it. The members of 1 the convention can not expect the presi- 1 dent to indicate what he finds objection able In the constitution"
 -1N~-o-~-.--~~ Turning to counsel for the state, MT. Dar- row said:
 DO you want to try man for his life with juror of his calibre?'
 Proceed to disqualify him, then," laughed Senator Borah. ''We know why you don't want him.
 MT. Darrow retorted and the court took
 a hand, directing that the examination proeeed MT. Darrow secured an admis- sion of opinion formed and challenged
 for bias. The state resisted.
 n.r. Darrow, proceeding with his ex- animation of Cox, made determined ef- fort to bring out formed opinion. The talesman declined to be drawn and final 1 ly replied to MT Darrow's questions, an- l erily."
 well, you seem to have fixed it that l way for yourself"
 Cox admitted that he had been juror l in several cases, but had not sat as a special juror in murder case He had been grand juror when indictments were found for murder.
 Has No Prejudice. And you are sure that you have no prejudice against this prisoner?' | 'I have said and l say so again" l replied Cox, angrily.
 Finally the defense passed Cox for cause and the state was called on to ex- ercse it's ninth peremptory challenge.
 Henry Curtis, the occupant of the ninth chair and the talesman who had intell-
 gently discussed socialism with MT. Oar
 row in the course of his examination for
 cause, was then excused | T. H. Roton, a farmer was the next l talesman called. He was promptly dis
 posed of for cause and William Birch, a farmer, came to the ninth chair. Birch | said he had an impression and did not l think that he could dismiss that opinion
 from his mind.
 After examination by Judge Wood on l the point, however, he admitted that he 1 could after taking the oath AS juror
 clear his mind of all impressions or 1 opinions The question, however settled 1 the matter for Birch. It developed he l was opposed to capital punishment and l he was excused. Ira Aiken, rancher,
 was the next talesman and was under ex- l animation by the state for cause when | court took recess.
 Afternoon Session. At the opening of the afternoon ses- | sion Mrs Haywood, her nurse and the I youngest daughter were in court. At l the request of the court. the clerk read l an invitation from the veterans of the | G. A R. to attend the parade on Decora- ton Day next Thursday, a legal holiday, l on which the court will not be held. J. E. Tourtelotte, the juror whose eX- | animation created much interest Satur- | day, asked that he be further examined l as to his competency to serve as a juror. 1 He said that he would be unable to take the oath in his present frame of mind. I The attorneys, he said, in his opinion, I were foolish to take him as a juror. l Judge Wood said, as he understood it, the court had no discretion in the matter | and left it to the counsel on both sides. | Senator Borah said he had no desire tos l further examine Tourtolette at thiss.time and the defense offered no suggestion, | the matter passed and the examination 1 of Ira L. Aiken was continued. He said | khat for many years he had entertained | a conscientious objection to capital pun isnment and had formed and expressed a fixed opinion. He was challenged and | excused
 Burns Is Called.
 S. NJ Burns, formery a merchant of Meredian, and now part owner in a mine | in Custer county, was called Tt seems like have formed an opin- ion," he said in answer to a question. 1 He had learned since coming to Boise 1 that Haywood Is a socialist. He had a 1 prejudice against socialism and felt that
 the defendant is guilty. He was chal- 1 lenged and excused Arnold Ray, a l rancher was the next taesman, leaving l only two names in the box out of the l venire.
 l In reply to a question as to whether he | knew of any reason why he should not | sit as a juror in the trial he said that he was opposed to capital punishment. He ] was challenged and excused. | Seigel Clark. a rancher, came to the | ninth chair. He had formed and expressed l opinion and stepped down, in less than | five minutes.
 l E. A. Bullock. a carpenter, the last l of the talesmen was called at 2:03 p. m. l He was opposed to capital punishment | on any kind of evidence and was prompt l ly challenged. He stepped aside. and l it was announced that the panel was ex- l hausted.
 | Judge Wood asked counsel how many | talesmen should be summoned. Mir. flaw