The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-16
HE BUTTED IN.
DRrrow's characterization OF Roose-
veIt's Entry Into Haywood Case.

Boise. Idaho, May 16.-The unex-
pected uncovering of vein of pre-
JUDGE against Harry Orchard and his
testimony during the further exami-
nation of taIesmen in the Steunenberg
murder case led to the first wrangle
between counsel and involved the
name of President Roosevelt in an
acrimonious discussion.
The day and the incident began
with Samuel Wingate, the eleventh
talesman in the hands of the defense
for examination in chief. Questioning
had proceeded a short distance when
1t developed that Mr.. Wingate was
biased against Orchard and unwilling
to accept the testimony which it is ex-
pected he will give against the prison
erS. The defense naturally tried at
once to show that Wingate's state of
mind on the subject was not such as
would warrant his removal from the
box but when the ta1esman re-passed
TO the hands of the state Senator
Borah quickly drew from him the
fat-footed statement that he could
not under any circumstances give
credence to Orchards testimony.
Wingate was upon this excused, the
defense excepting to the courts rul-
Ing. and from thenceforward the state
was particular to test all talesmen on
tho principle.
Talesman A P. Burns. who finally
succeeded to Wingate's seat, said I'M
der oath he was not prepared to give
the same credenoe to Orchard that he
would extend to other witnesses, but
his attitude was not deemed sufficient
to warrant his removal. The question
required at the afternoon session, |
when Senator Borah put the covering
question to Talesman William McGuf- |
I'm. who succeeded TaIesman Henry |
Of seat No. 6, after the latter had |
been evicted for implied bias on the |
testimony of R. z. Lovelace-the first
witness called in the case-who swore |
that Henry had told him that Hay |
wood, Meyer and Pettibone would not |
have been brought here If "they had |
not been mixed up in the case
Clarence Darrow of the defense OBJ
jected to the question and Santor
Borah sharply replied:
after the immense latitude that
the defense has taken in regard to Nc
Partland, Taft and Roosevelt. did not
think they would stick on any techni-
calities at this late day"
I'VE did not ask as to the effect of
McPartland's testimony" said Messrs.
Darrow and Richardson together.
eff Roosevelt is to be brought here
to testify we might have something
more to say" went on Mr.. Richardson.
Roosevelt can take care of him
self. wherever he is retorted Borah.
''well. 1 don't know about that"
said barrow.
Judge Wood directed counsel to
proceed with the case. but Mr.. barrow,
who was standing, took formal excep-
ton to the remarks of Mr.. Borah.
81 will be glad to eliminate Roose-
welt if you WILL replied Borah. HE
was brought INTO the case Dy lno Oe-
fense."
HE came in himself said Mr..
Richardson. He is 1000 miles away
and he writes letters
HE was brought in by his own but
ting in" added Mr.. Darrow.
The judge overruled the objection to
the question, the talesman saying that
he did not have any bias or opinion in
the matter, the defense noting an ex-
ception. and the incident closed.
The jury box was finally filled with
twelve talesmen subjected to examina-
ton and temporarily passed by both
sides at $40 o'clock in the afternoon
and the court announced 1t was in or
der for both sides to exercise per-
emptory challenges
Counsel for Haywood asked for a
few minutes delay and for five min
utes they gathered around the chair I
of the prisoner and engaged in earnest (
consultation as to their course on the
men occupying the jury box. The
state exercised it's rights first and ex-
cused William Van Orsdale, grocer, :
who has occupied seat since the
opening day of the trial. George F.
Nav, a young farmer with some
strong opinions as to the acts of GER :
tain elements in the labor unions of '
the country, was then called to the t
vacant place The state passed him :
and he was still in the hands of the s
defense when adjournment hour was {
reached