Los Angeles herald., 1907-05-15
WILL
SOON HEAR
TESTIMONY
Substantial Progress
in the Haywood
Case
Talesmen Questioned and
Cross-Q Questioned
by Counsel
Tenth Man Now Passed and More
Than Fifty Still Remain In
Special Venire to Be
Examined
BY Associated i'ress.

DOloE, ludHO, MAY l4.-OuDSIdHtldl
progress toward the formation Of a
jury to try William D. Haywood for
the alleged murder of Frank Steunen-
berg, twice chosen as the chief execu-
tive of this state, was made on this,
the third day of the trial.
Selection of talesmen halted for three
solid hours over chairs five and six,
but once those seats had been filled
progress was very rapid. At adjourn
ment for the day counsel for the de-
fense had completed the examination
and temporarily passed the tenth tales
man. They had but two more to eX-
anime in chief and reservation to eX-
anime, if they desire to exercise the
right, two of these temporarily passed
today, so that with reasonable progress
the twelfth talesman should be passed
tomorrow in time to open the way for
the first peremptory challenge whose
exercise marks entry to the final stage
of the formation of the jury.
Counsel for the state still adhere to
the BELIEF that the jury will be COM
pleted by Saturday.
Clarence Darrow and Edgar Wilson,
for the defense, divided the work of eX
amining talesmen today and their ques-
| tions took the same wide range out
lined by their associate, Mr.. Richard
son, and freely sanctioned by Judge
Fremont Wood. Mr. Wilson added to
the long train of connections, readings,
influence and associations that might
tend to diSqualify juror that of mem
bership in the Idaho militia, which at
o,,;- hos In1 fr
quell strike disorders. The examination
failed, however, to disclose any mill
tary men among the talesmen.
Mr.. Darrow devoted much attention
to possible prejudice of prospective
jurors, and his attitude and inquiry
was earnest to the point of solemnity.
He gravely invited each succeeding
talesman who passed through his hands
to place himself mentally in the second
person of the prisoner and then to hon
estly ask himself If he would care to
be tried by twelve men of minds framed
like his own.
Two Go Out for Bias
Two of the original PANEL. L. Wag-
goner, who figured in the Yost affair.
and George Walker-went out for bias,
and four of the special venire failed
for various reasons to qualify. Two of
the latter swore that they were so OPP
posed to circumstantial evidence in
capital case that they would refuse to
convict on 1t however strong 1t might
prove to be.
Another of the special veniremen
got off for sickness, but there remain
more than fifty of the special venire
unexamined and ready to fill vacan-
cies. making the chances of complet-
ing the jury from the special venire
seem very good.
Allen Pride, the fifth talesman
passed by both sides, testified that
Deputy Sheriff Roberts, who served
him with a summons, had talked with !
him about the case and particularly
about Harry Orchard, whom he had
known when a penitentiary guard. An
extended and searching examination
by Mr.. Darrow failed to show that
there had been any attempt to I'M
properly influence the prospective
Juror. and while the defense reserved
its rights 1t is improbable that the in
cident will be pursued any further.
The incident brought out the first
mention of the name of Harry Orchard
in open court since the trial began.
Talesman D. w. Henry, who held !
seat No. g. after a long and at times
amusing examination which showed a ,
desire on the part of the defense to
have him excused, denied under oath
InaC ne Uctu lOlu oOlilO VI iiio AASAeoAiDcbS
in South Boise that Haywood and his
associates must be guilty because they
were brought back here for trial. This
incident is to be the subject of further
examination tomorrow
Session Is BusnessIike
1t was another businesslike session
of the court unmarked by important
incident lot connected with the -eX-
animation of talesmen. Counsel bris-
tied occasionally in manner that in
dicated the spirit of the battle that
is to come but they continued in har-
mony and were generally courteous
and graceful to one another.
The court room is filled at all times,
but the crowd is changing one and
it collld not be held unless the batting
of Jurors made it worth while.
There were more women present
than on any other day, but at that
the number scarcely exceeded a dozen.
The women of Boise seem determined
to avoid the trial. Mrs. Steven Adams
came again today and this time to a
seat beside Mrs. Haywood, inside the
rallied inclosure. She remained with
the invalid woman all afternoon and
assisted in taking her from the room
after adjournment,
She and her husband are down as
witnesses for the state, but her action
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