The Birmingham age-herald., 1907-05-16
Sharp Discussion By Discovery of Strong Prejudice Against
 Harry Orchard
JURY BOX FINALLY FILLED
 SUBJECT ID EXAMINATION
The President Butted In, Says the De- feese-Talesman Biased Against Orchard and Unwilling to Ac-
 cept Such Testimony.

Boise, Idaho, May 15.-The unexpected upcovering of a vein of prejudice against Harry Orchard and his testimony during the further examination of the talesmen led today to the first sharp wrangle be- tween counsel and involved the name of President Roosevelt in acrimonious dis cussion. The day and the incident began with Samuel Wingate tn, eleventh tales man in the hands of the defense for ex animation in chief Questioning had pro- ceeded but a short distance when it de- veloped that MT. Wingate was biased against Orchard and unwilling to accept testimony which it is expected he will give against the prisoner.
 Inc defense tried at once to show that Wingate's state of mind on the subject was not such as would warrant his re- moval from the box, but when the tales man repassed to the hands of the state, Senator Borah quickly drew from him the flat-footed statement that he would no. under any circumstances give credence to Orchards testimony. Wingate was upon this excused, the defense excepting
 
 forward the state was particular to test all talesmen on this point.
 The jury box was finally filled, with twelve talesmen subject to. examination and temporarily assed by both sides at $40 pm, and the court announced that it was the order for both sides to exer- else peremptory challenges. Counsel for Haywood asked for few minutes delay an for five minutes they gathered around the chair of the prisoner and engaged in earnest consultation to their course on the men occupying the jury box.
 The state exercised its right first and excused Vim. Van Orsdale, a grocer, who has occupied seat No. 2 since the opening 1~y of the trial. Geo. F. Nav, a young farmer, with some strong opinions as to l. acts of certain elements in the labor unions of the country, was then called to the vaoant place. .The state passed him and he was still in the hands of the de- fense when adjournment was reached.
 me trial will not be resumed until 2 o'clock tomorrow afternoon because of the funeral in the morning of Judge Nu- gent, father of J. F. Nugent, one of the counsel for the defense.
 The defense passed the twelfth juror In the Haywood case at noon today, but moment later reserved the right to put d few questions after recess. All the twelve men Tn the box are subject to peremptory challenges of which each side has ten When the trial was resumed this morning Judge Wood, with the consent of counsel, excused two talesmen who are members of the federal grand jury.
 of ba dafo asked the work of questioning the pros- pective jurors. lie began with Samuel Wingate, an irrigator who had been in seat No. Il since last Thursday The first ten men of the panel had been passed yesterday by both sides without chal- lenge for cause.
 MT. Richardson took Wingate back to the labor troubles in the Occur D Alene district in 1S99-19O2 and asked him if any prejudice had grown in his mind against the Western Federation of Miners as a result of the troubles in Northern Idaho Wingate said he partly upheld and part ly blamed the Western Federation of Miners in the Occur D'Alene matter Asked if he connected Governor Steunen- bergs death with the troubles in the mines, Wingate replied that he thought the governors death "a very bad thing The incident, however, he added, did net interest him "a great sight" after the first excitement had worn down. He had formed an opinion which was weakened as time wore on.
 Did you read about an alleged con fession of Harry orchard?'
 Yes"
 Did you form any opinion in regard to it?"
 "Yes"
 "As to what?"
 'As to Orchards guilt"
 cit aa trial then?''
 No"
 BIames Roosevelt.
 Wingate, in answer to further ques- tions, said he thought President Roose- welt ought to have kept his hands off the matter and let this man be tried by the court and a jury.
 We pass the juror," said MT. Richard son, sitting down.
 Senator Borah for the prosecution, asked permission further to question the proposed juror.
 Do I understand you to say that you would be prejudiced against Harry Or chard as a witness?"
 "Yes, sir certainly would"
 And you would give his testimony no weight?'
 q could not"
 "We challenge the juror for couse-for actual bias.' said Senator Borah. The defense resisted saying the juror had a right to put his own weight on the testi- mony to be adduced
 Judge Wood allowed the challege and the defense noted an exception.
 s. M. Kepner a farmer. called to follow Wingate as No. Il, said he had before formed and expressed an opinion. He was immediately challenged by Senator Borah. the defense joining.
 Henry Ott, former county commission CT of Ada, followed MT. Kepner in seat No. Ii.
 Passed by the state and turned over to
 CONTINUED ON PAGE 6.)