Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-09

/ is a married man and knows none Of
| the defendants. Ewing said he had
talked with his grown son regarding
the case and the procedure.
What do you mean by that" ask
ed Mr Hawley, quickly.
that we talked about the length of
| time II would take to try the cases"
Have you formed or expressed an
| opinion as 70 the guilt or innocence
| of the accused ?"
| Il don't think l ever have"
| Have you any opinion now
| Well said the talesman, Il don't
| think ! have, although IT sounds like
| a wooden man to say So
| Ewing said he had served as a iur-
| or but once in capital case, and that
| was at the present term of court.
Have you any prejudices against
| cilcumstantial evidence"
No, not exactly, but l would be
very careful in arriving at decision
| on such evidence"
| Would the fact that the defendant
! was not in the state at the time Of the
| killing, but was shown to have adj
| Vised, encouraged and aided in the
| llilling--would that influence your
| verdict provided the court instructed
| you that such person was equally
| responsible VITA the man who aC-
| tually did the killing"
| Il would take the instruction of the
| court"
| The examination OF Ewing was hero
| dropped temporarily and Mr.. Hawley
| passed on TO the second man. II then
became apparent that he would go
| through the panel of > men before
| the defense undertook its examination
of the proposed Jurors
SECOND MAN.
The second man. James L. Ayres
said he was IA farmer, married. and
| had lived in this county since 1881. He
came to this state from Tennessee.
Ayres had a passing acquaintance with
| Gov. Steunenberg.
do you read any Of the Socialist pa
pers published III this country" asked
Mr.. Hawley.
II do not. but they have been sent
to me in the past few months"
Ayres said some of the papers came
| to him by mail while others We're
| thrown into his yard.
| How long has that condition exist
ed?"
FIRST OBJECTION.
I'VE object to that" interrupted Mr.
Darow for the defense, The only
question here is the bias of this pro-
! posed juror. There is nothing to show
| that anyone connected with this case
had anything to do with these papers
They have nothing to do with the
| case"
Il have decided to allow wide lati-
| Jude In this matter" said Judge Wood.
| and for that reason the objection is
! overruled."
! Ayres said the papers had been COM
| ing for several months. He read one
of them for time but stopped,
"Why?' asked Mr. Hawley.
Il got tired OF It."
Ayres then said he hod formed and
gt.I .fr,Ff Ila 1,aI
| lenged by the prosecution. The defense
| resisted the challenge and Mr.. Richard
| son of Haywood's counsel took up the
| examination of the talesman He drew
| from Ayres the statement that he felt
| that he could render fair verdict but
! II would take considerable evidence 10
change his present opinion.
The prosecution insisted upon the
challenge and IL was sustained. AS
Ayres stepped out of the box the de-
Tense noted an exception.
BOTH CHALLENGE JUROR
John g. Breckenridge was called.
Breckenridge said he was a grocer and
had discussed the case pretty thorough
~ with his customers. He had dis
cussed also the method Of bringing the
prisoners TO Idaho from Colorado and
had formed and expressed a decided
opinion. based upon what he mad read
IN The newspapers, II tho evidence were
different from what he had read. he
thought he could change his opinion.
, He was not ready, without hearing the
evidence TO decide the fate of the pris-
oner.
Breckenridge was challenged by the
prosecution. The defense joined IN the
challenge this time and the talcsman
was promptly excused.
II am glad We agree on something
said Mr.. Hawley. laughinglN
"a nTagtnnfff Il
Boise Bank OF Commerce, was next
called.
Captnln Yates was blunt and mouo-
syllable in his answers He said he had
read about the case and discussed H.
What he had heard, however would lot
influence his verdict He said he had no
bias o. feeling against the prisoner per-
sonaly.
Mr. Hawley passed capt Yates with
out a challenge aud went on with the
examination OF Henry W, Baker, gro
ccr who sat IN chair No. r.
No. 6 A SUCKER,
Baker said he was native OF MI
nuis. Before coming 20 Idaho he liv-
ed aud farmed IN Kansas and Iowa
He was once a sawyer In lumber
camp an1 afterwards life insurance
agent lilo knew Gov. Steunenborg
slightly but aid not know the defend
ant. He had formed an opinion ana
he believed II was unqualified. The
talesman was challenged by the prose-
cutiOn for cause but was questioned
further by tho defense. before they
finally acquiesced, Baker made inc
third man excused for cause out OF
the first nve examined. The other
two however. have not been finally
questioned by the defense.
no, 8 A BUTCHER,
George walker butcher, in chair
No. u. when questioned said no knew