The Montgomery advertiser., 1907-05-22
THE VENIRE
 EXHAUSTED Haywood Trial Again
 Goes Over. SIXTY MORE TALESMEN Juror Cole Excused on Account of
 Health. Well Informed People Believe That Taking of Testimony VIII Begin within week--Eisht Pcremp-
 tory Challenges Left.

bO1Se, ludnO, ndy aS fA today that the first witnesses testify ing to circumstances connected with the crime in the Steunenberg murder case will take the stand one week hence.
 There are still eight unexnended per emptory challenges; there is an add1- tional vacancy. created by the excusing for illness of Juror Orric Cole. and un- der the ruling of Judge Fremont Wood the entire jury Is still open to further exception. It Is predicted that the jury will be finally sworn in some time on Monday next; that the opening state ment will be made on either Monday afternoon or Tuesday morning and that the first real testimony will be taken on Tuesday.
 It has not been decided whether James H. Hawley or Senator Borah will make the opening statement for the prosecution. The prosecution continues to file the names of all witnesses to be used In the four cases pending ano they now number nearly 200. Less than one-third of them will be called in the Haywood case.
 Harry Orchard. the principal witness for the state, will probably be dues- toned for full week.
 CEMctAh TUhmt
 The great battle of the trial will come with the introducing of Orch ards testimony in court The special venire of talesmen was exhausted al 10:45 o'clock this morning and Judge Wood at once adjourned the trial until Thursday afternoon to permit Sherif Hodgins to gather in another venire oi sixty men.
 There were only nine men of the old special venire left when the trial was resumed today and they went very quickly. Five were examined and ex- cused under challenges for bias in 35 minutes. The sixth man. Levi Smith, a farmer, was after an extended exami- nation. accepted and given seat No 10, just vacated by John Fisher upon whom the defense exercised It's sixth peremptory challenge.
 After the acceptance of Levi smith Juror orric Cole, who is in bad health was excused by consent of both sides 1t being feared that his condition npigh seriously interfere with the trial
 Of the last three talesmen two were opposed to capital punishment, and the third had a strong fixed opinion as te the guilt or innocence of William D Haywood, the prisoner at the bar.
 John Whitlock. nurseryman who was born in Tennessee and who came
 
 braska. was under examination as pro- posed juror No. S. when the Haywood trial was resumed at 9:30 a. m., today. The early hour was not attractive to the curiosity seekers and there were less than a score of spectators pres ent
 Uses sixth Challenge.
 Clarence Darrow, acting as leading counsel for the defense, asked and re- atN AR NIA ka1s porarily to pass the examination Of Whitlock. He then announced that the defense would use its sixth peremptory challenge to excuse John Fisher, at No. 10. Fisher is the rancher and fruit grower of whom 1t was testified that he had declared that Mover, Haywood and Pettibone should be strung" if they had a part in the Colorado crimes charged against the union. After the exercise of this challenge. both the state end the defense had four left with only nine members of the special venire of one hundred to draw on.
 James Afor, a teamster, was called but quickly excused after saying he had an opinion that only the strong est evidence could remove.
 One after another the remaining few taIesmen went down because of opin- ions, until Levi Smith, the ninety-sev- enth man from the special panel was reached Smith said he was a railroad employe and declared he had never formed or expressed an opinion as to the guilt or innocence of the accus- ed
 Smiths examination for the defense was conducted by Attorney Richardson He said he was not actually engaged in railroading, his duties being to boss gang of men engaged in fence build ing along the right of way. Asked what papers he read smith declared;
 T don't take much stock In news papers-especially when they are all one way"
 Smith said that one of the attorneys for the state had once acted for him in a legal matter. but 1t was cleared up.
 Did you pay him for his servicasT" asked Richardson.
 Well" replied the juror, T don't believe he asked me anything"
 "Weil. counse1's advice usually is not worth much" declared Mir. Richard son.
 Smith finally was accepted by both sides.
 Judge Wood then announced that he had received report from the attend ing physician that Juror Orric Colo. No. g. was not in condition to serve on the panel He was excused by con sent.
 The task of filing the vacancy thus created was inauspiciously begun, the first man up. J. N. Lawrence. d farm CT. declaring he had been opposed to capital punishment all his life. He was excused forthwith