The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-27

| the bomb that killed Steunenberg
Yes, according to his confession. il
that is true
] Mr.. Darrow endeavored to make the
| talesman admit that he believed what
| he read and formed fixed opinions. but
was unable. to secure anything on which
| to base a challenge. Finally Mr.. Dar-
\ row turned to the state and said:
| DO you want this juror"
Il want him disqualified before he
goes off, replied Mr.. Borah
The examination continued some
| time and finally Mr.. Darrow growing
impatient, said:
Il challenge this juror for incom-
potency. 1 can't stand here all day
trying to get intelligence out of him .
Mr. Borah was on his feet at once
and said:
Let him challenge for something
under the statutes. I object to counsel
making such speeches."
'Then I challenge him for bias. I
am astonished that counsel for the
state should want this juror
81 will astonish you very often"
quickly retorted Senator Borah, land
you might as well prepare yourself for
surprises.
Challenges Denied.
Judge Wood denied the challenge
Mr.. Darrow proceeded and for some
minutes Darrow and Borah exchanged
verbal shots, the court frequently in
terrupting.
Mr.. Darrow showed impatience and
Senator Borah remained cool. laugh
1ngly and rapidly proposing objections
and suggestions. The juror himself
taking courage from the support from
counsel for the state, became more
obscure in his replies as Mr.. Darrow
piled him with questions. Two objec-
uons from the state were sustained by
Judge Wood and as many exceptions
taken by the defense. 1t was quite
evident that the taIesman was persona
no to 70 Z I7l 4
Darrow said:
Have you any special desire to sit
on this jury?"
mo sir
sure of that?''
"Quite sure
Quickly changing the subject Mr.
Darrow opened a line of questioning as
to the effect of President Roosevelt's
pressions from the governor and Sec
retary Taft, but got no satisfaction.
Once more Senator Rorah objected and
Mr.. Hawley took a hand. Mr.. Darrow
made fiat denial of a statement from
Senator Borah, who as quickly threw
back the denial.
Mr.. Darrow became angry and hurled
a question at the juror. who in turn
becoming angry. shouted his reply.
to counsel for the state Dar-
row said:
DO you want to try man for his
life with a juror of this caibre?''
Il
laughed Senator Borah. I'VE know why
you don't want him." Mr.. Darrow re-
torted and the court took a hand, di-
recting that the examination proceed.
Finally Mr.. Darrow secured an adnis-
sion of opinion formed and challenged
for bias. The state resisted. Mr.. Dar-
row, proceeding with his examination
Of Cox, made a determined effort to
formed. The talesman declined to be
drawn out and finally in reply to Mr.. |
Darrow's question said angrily:
'sWel. you seem To have fi2ed it that |
way for yourself
Cox admitted that he. had. been a /
juror in several cases but had not sat |
as a special Juror in a murder case.
He had been grand juror when in
1ictments were found for murder.
And you are sure that you have no
prejudice against this prisoner"
Il have said so and l say SO again"
replied Cox angrily.
In reply to the question whether he
would be willing to be tried for his
life by a juror having the same state
If mind as he had towards the Defend
Cox. said that he would and no amount
IF changing of the form of the ques-
ion could change this reply.
Mr.. Darrow challenged again when
he juror. in reply to the question as
o what he would do if in doubt, after
hearing the evidence, said that he
would be guided by the other II.
The challenge was again resisted and
| remark from Mr.. Darrow as to the
of the juror brought Sena-
or Borah to his feet in defense of
he juror as "a good citizen of Ada
who had answered honestly"
IF you have legal objection to make
@ this juror put it in and Well take
are of it," said Senator Borah.
States Ninth Challenge.
Finally the defense passed Cox for
ause and the state was called upon
@ exercise it's ninth peremptory chal-
enge. Henry Curtis, the occupant of
he ninth chair, and the talesman who
lad intelligently discussed socialism
With Mr. Darrow in the course of his
for cause was excused at
/ 40 a m.
T. H. ROTOR, a farmer, was the next
aIesman called He was promptly dis
,osed of for cause and William Birch,
farmer came to the ninth chair.
Birch said he had an impression and
id not think he could dismiss that
pinion from his mind" After exami-
alton by Judge Wood on that point,
owever. he admitted that he could.
fter taking the oath as a juror clear
is mind of all impression or opinion.
The next question, however, settled
he matter for Birch. 1t developed he
5as opposed to capital punishment and
e was excused.
Ira L. Aiken, a rancher, was the
ext talesman drawn and was under
by the state for the case
hen court took recess until 1:4O p. m.