The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1907-06-01

STATE SHOWS HAND IN HAYWOOD
CASE.
Juror Who Announces Scruples
Against Taking Life Except in
WarAgainst Anarchists Passed
By Both Sides--Condition 10
Accepted.

0AAA0 eA0 A00A gage VI OoOtAo Woo CuAOWA
into the ring Saturday in the Haywood
murder case, the prosecution announc.
ing as plainly as though it had been
in q carefully formulated statement,
that 1t intends to prove great con-
spiracy, which embraced the taking
Of huamn life and in pursuance of
which great number of lives have
been taken. It came out in q remark
able way.
J. E. Tourtelotte, a talesman, was
being examined by Senator Borah and
stated that he was opposed to capital
punishment. The senator asked him
a few questions which elected the in
foramtion that Mr.. Tourtellotte would
make an exception in the case of
traitor in time of war or in case of
man who was party to murdeA
committed in pursuance Of the policy
of an organization having the destruc-
ton of society for its object. He men,
toned anarchists and stated he would
hang them if they sacrificed life.
Ready to Prove Anarchy.
After q brief examination Mr.. Borah
passed the witness up to the defense,
to the amazement of the latter and of
almost evey cody else, but there was a
look upon the face Of the attorney
which plainly said to every spectator:
His exception as to anarchists COW
ers this case. We shall prove to his
satisfaction that the case has to do
with such society"
Mr.. barrow asked in q tone Of in
credulity: ''Do you pass this juror
for cause?" and Mr.. Borah relied in
the affirmative, his manner plainly in
dicating what was in his mind, and
everybody realized the challenge had
been flung full in the face of the de.
Tense, and that the great battle was
officially joined. Mr.. Darrow ques-
toned the talesman somewhat, and
finally said his sentiments suited the
defense. Then he asked whether the
juror had a thought in his mind to
the effect that the defendant might
belong to such an organization as he
had indicated. Mr.. Tourtellotte said:
Defense Accepts Challenge.
"Well, since you have mentioned it,
I can see how that might be true"
Though that clinched his position,
the defense passed him for cause, and
knew that the challenge
had been accepted. It was dramatic
throughout. Though the juror seemed
to get off, he walked right
into a position that suited the state
and though he plainly had in
mind that Haywood might be shown
to have been in conspiracy to COM
NIT murder wholesale in an effort to
coerce society, the defense accepted
him. Just what was in the mind of
Mr., Darrow can only be surmised, but
it is rather assumed he thought he was
getting man who would not stand for
a capital verdict, or he intended to in
dictate that the defense was prepared
to destroy any proofs the state might
have to the effect that Haywood was a
party to any such program Of murder
as the juror indicated as constituting
an exception to his views Of capital
Tries to Escape, but Fails.
After the noon recess the situation
was emphasized by q voluntary act Of
Mr.. Tourtellotte. He addressed the
Judge, saying he was not qualified to
sit on the jury, as he was opposed to
capital punishment. Judge Wood
passed the matter up to the attorneys.
Then, over the opposition Of Mr.. OAR
row. Mr.. Borah was permitted to pro-
pound some more questions to him for
the purpose of determining whether
the juror had been properly under
stood on his direct examination. Mr..
Tourtellotte then emphasized what
he had said, and the juror was left in
the box.
The laws of this state provide that a
man shall not be required to serve on
q jury in capital csses If he has CON-
scientious scruples against capital pun
ishment. It has been suggested that
Mr.. Tourtellotte may take advantage
of that and refuse to take the oath.
But it is pointed out that he has him
self made an exception and therefore
cannot claim immunity from service.
Lawyers ON both sides state the matter
is In such shape that the seating Of the
Juror cannot be construed a. error.
Mr.. Tourtellotte is we'll known and
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