The free lance. (Fredericksburg, Va.) 1885-1926, 1907-05-18
JURORS PRtJUDIcED
Wouldn't Accept Orchards Con-
fesslon OF Murder.
SAY PRESIDENT BUTTED IN

lawyers In Haywood Trial In Sharp
MrSngle over Attitude Of Roosevelt
and Taft In the Now Famous Muir.
der Case.
= Boise. Idaho. May l6.-The unex-
rected uncovering of n vein of preju.
dice against Harry Orchard and his
testimony during the further examina-
ton OF talesmen In the trial OF William
ID. Haywood tor completely in the muir
der OF former Governor Frank Steun-
enberg led To the first sharp wran-
gle between counsel and involved the
name OF President Roosevelt in an
acrimonious discussion. The day and
the incident began with Samuel Win
gate. the nth talesman. in the hands
OF the defense for examination In
chief.
Questioning had proceeded a short
distance when 1t developed that Win
gate was biased against Orchard and
unwilling TO accept the testimony
which he is expected to give against
Haywood The defense naturally
tried to show that Wingate's show OF
mind on the subject was not such as
would warrant his removal from tn,
box. but when the talesman repassed
TO the hands of the state. Senator
Borah quickly drew from him the fiat
footed statement that he could not
under any circumstances give Gre
dence to Orchards testimony. Win.
gate was, on this. excused the defense
excepting to the courts ruling. and
from thence forward the state was
particular to test all talesmen on the
point
Talesman a z. Burns. who finally
succeeded TO Wingate's seat. said un.
der oath that he was not prepared 70
give the same credence to Orchard
that he would extend to other wit.
nesses. but his attitude was not deem.
ed sufficient TO warrant his removal
The question required when Senator
Borah put the question to Talosman
William McGufin. who succe. ded
Talesman Henry in seat No. o after
the latter had been evicted for implied
bias on the testimony OF r. c. Love
lace. the first witness called WIN
swore that Henry had told him that
Haywood. Meyer and Pettibone would
not have been brought here II they
had not been mixed up in the case"
Clarence :. barrow. for the defense.
objected TO the question. and Senator
Borah sharply replied;
After the immense latitude tina,
the defense has taken In regard Il
Mcfarland. Tart and Roosevelt. | did
not think that they would stick on any
tschnicality at this late day"
We did not ask as to the effect OF
McPartland's testimony" said barrow
and Richardson together
IF Roosevelt is To be brought here
TO testify. We might have somethins
more TO say" went on Richardson.
Roosevelt can take care Of him
self. wherever he is" retorted Scnat 7
BorRh.
Well | don't know about thct. "
said barrow
Judge Wood directed counsel to
proceed with the case but Darrcw
who was standing. took formal oxccp
uon 10 the remarks OF Borah.
II will be glad to eliminate Rocs e.
Welt II you WILL" replied Borah "Ho
was brought into tie case by the de-
Tense"
He came In himself" said Richer I.
son He is 1000 miles away AMI he
writes letters"
He was brought in by his own but.
ting in" added barrow.
The judge overruled the objection
to the question the talesman saying
that he did not have any bias in the
matter. the defense noting an excep-
ton. and the incident closed.