The Montgomery advertiser., 1907-05-14
LAWYERS GIRD FOR CONFLICT Haywood's Counsel Plan Desperate Struggle. CHOICE OF JURY IS TASK Scores Gamer to Evade Service
 in Trial. Panel Will Not Be Completed for Foup Days, Defendant VIII Fight Ia-
 troduction of Cornerstone
 Evidence.
CHOICE OF JURY IS TASK

Boise. Idaho. May 13.--only frage ment of today was given over to ac- tuai work in the Haywood trial and the one step forward was the quaIif- cation of a single talesman who seema marked for peremptory challenge later. The rest of the time went to the talesmen of the special venire and the reasons that made 1t Impossible for them to serve the State at thfs time. Judge Wood called the case at 2 o'clock and at once gave attention to the 100 men summoned by Sheriff Hodgin in the special venire issued on Thursday last. The court asked those who had special excuses to offer to come forward and up surged little more than thirty-five They swarmed around the clerks desk and choked up the left approach to the bench.
 veniremen OGer Excuses
 Seven of them were sick and five of them were husbands of sick wives. Some presented crisp looking certtfa= eates from doctors; others stiffened their quaking bodies as visual evidence and the rest pleaded earnestly. Then there were ditch riders who must ride hard and constantly these days in this land of irrigation, where water is Q community of concern. Next there was batch of Federal grand jurors who are under call to meet June 15, a date that willssurely conflict with this trial and after them trooped little column of county officials. great and small. Then there were administra- tors of estates, with heirs who may suffer by their enforced absence, and two bankers who must watch and count the coin in national banks. In age they range from gray-haifed old chaps quivering under their eyes. to husky youngsters in early citizenship. and In appearance from the wealthier marked farmer to the well dressed. comfortable burgher.
 With tact and patience Judge Wood heard them sthroughont, and the thir- | ty-ive tales were not all told until I o'clock. Twenty-four pleaders were excused and the other eleven returned to the panel, either temporarily or permanently, leaving total of seventy- six.
 one Juror Picked.
 In the hour devoted to counseis ex. animation of talesmen. Ellsworth Lia- ter, a young farmer who had vainly striven to be excused. went down be- fore an objection from the prosecution for Implied bias and gave way to Wal ter Shaw, 29 years of age. a brother of a present member of the Idaho Leg islature. now a farmer. Shaw qualf- fled after an extended examinations that filled the time down to adjourn- ment. but he was indefinite in many of his answers and seemed unfnformed upon many matters essential in the standard grade of jurors. Shaw is generally labeled for peremptory chal- lenge.
 There are now twelve men occupying the jury box and jury house. Of the number. four have been examined and temporarily passed by both sides and eight remain to be questioned by tho defense.
 The task of securing a jury, resumed today in the case of Will liam D. Haywood Secretary and Treasurer of the Western Federa- ton of Miners, charged with compIic- ity in the assassination of former Cow ernor Steunenberg, may be completed within the next four or i've days. &C., cording to the judgment of opposing counsel Eleven men were in the box when court opened at p. m. today. None has been finally accepted by both sides. however. although three have so far qualified themselves to serve that only petemptory challenges, of which each side has ten, can remove them
 When the regular term panel was ex- hausted last Thursday afternoon with one seat vacant. there was nothing Judge Wood could do but adjourn court to allow Sheriff Hodgin and his depu- ties to summon a special venire of 100 men. The bulk of the jurors are ex- pected to come from this installmene of eligible material
 Farmers fer Jury.
 The new venire shows seventy-fiva farmers or r1achmen, the remainder being people Ot this city. many of them prominent business men. The men who have been confined in the jury house. under the care of four deputy sherifrs since last Thursday af- ternoon and who took their places in the jury box today were:
 No. l, A. l.. Ewing, carpenter.
 No. 2, William Van orsdale, grocer,
 No. 8, Samuel D, Gilman, farmer.
 No. 5, J. l.. Wagoner. farmer.
 No. 6, George Walker, butcher.
 No. ', George Ii. Mcintyre, farmer;
 No. s. W. N. Rudig, farmer.
 No. 9, Ora Cole. miner.
 No. 10, w. W. Bisby, real estate.
 No. II, Samuel A. wingate. irriga- tion employe.
 No. i2, Samuel F. Russell, farmer.
 or these, the first three, Ewing. Van Orsdale and Gilman. came through the examination of opposing counsel last Thursday without disQuaiifying them- selves
 Several men were called into seat No. 1, but one after another were dlsquaI- flied under the question from the att torneys for the defense. It was the inc ability to find suitable juror at No. that caused exhaustion te the regu- lar pal el.
 len Impatient For Trial.
 TheN is growing tmpatience among those w,lo came here to attend the trial to hear the opening adresses of the prosecution. which probably will be de- llvered by James IT. Hawley. leading counsel for tho prosecution. Just how far the States attorney will go in out lining the case they hope to prove against Haywood Is problematicai
 It Is certain that no testimony tend- ing to lay the broad foundation for the alleged conspiracy. of which Haywood, Mover and Pettibone are said to have been a part. will be introduced with out stubborn and prolonged fight on the part of the defendants counsel.
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