Los Angeles herald., 1907-06-01
TEN MEN ARE
CHOSEN TO TRY
". D. HAYWOOD
Jury Box May Be
Filled Today
State Exhausts It's Peremptory chaI-
Ienges, and Selection Of Last Two
Men VIII Be Largely
Question of Chance
BY Associated Press.

BY Associa ted Press.
BOISE, Idaho, May 31.-There remain
but two vacancies in the jury that will
try William D. Haywood for his life
for alleged participation in the assas-
sination Of Frank Steunenberg, and
there Is reason for hoping that they
will be filled by tomorrow afternoon.
AS jury selections narrow down to final
chances interest in the case is being
generated and the contest grows dis
tinctly sharper. Both sides are eager
and anxious and they anxiously watch
the last talesmen whose names are
drawn from the lottery box on the
desk of. the clerk of the court.
The state has exhausted its arbitrary
rights as to the personnel Of the jury
1t used it's tenth peremptory challenge
today-and in all probability the de-
fense must use it's final challenge to-
morrow. After that the selection of the
twelfth juror must be left to fateful
chance, for the first talesman who
broadly comes within the requirements
of legal qualification must be chosen.
There may still be dismissal by mutual
agreement but 1t is unusual for con-
tending counsel to agree upon the
qualification of juror.
The new special venire of sixty-one
talesmen that presented itself when the
trial was resumed this morning proved
very fruitful in men qualified to act as
jurors. There was the usual offering of
asserted excuses but only five of them
moved the heart of the now stern court.
Talesman J. A. Robertson, the first man
called, qualified in a canter for the
vacancy created by the seventeenth
peremptory challenge and the defense
at once challenged Juror Harmon Cox,
the veteran who it tried so hard to
disqualify on Monday last. This made
the ninth challenge used by the defense.
After three failures, H. F. Messacar
successfully withstood the fire of the
questions from both sides and was ac-
cepted.
! TourteIotte Excused
Then the court finally dealt with
Juror Tourtellotte who opposed capital
punishment and whose manifest dis
qualification has been running through
the trial for several days. Judge Wood
sides fenced on 1t. Finally the state
challenged Tourtellotte and the court
excused him. The defense reserved a
point on the matter because it may
prove valuable fighting ground on
appeal. Talesman Nelson Freeman
| qualified for Tourtellotte's old place,
but the state did not care to have him
on the Jury and fired it's last challenge
on him. Senator Borah wanted to pass
the states last challenge temporarily
in order to get other vantage ground
before using 1t but Judge Wood ruled
that If passed it would be waived and
lost.
Here the pay streak of qualification
played out and the vacancy was un-
filled when the hour for adjournment
was reached. Alfred Eoff, a capitalist
who is suspected of disqualification, was
caught in the chair at the last moment
before single question had been asked
to the amusement Of the crowd, and was
sent to the Jury house to be carefully
locked up for the night.
AS the court rose, the judge signifi-
cantly remarked to counsel that the
length of tomorrow's session would de-
pend upon the celerity with which the
jury is completed. /
Mrs. Haywood's wheel chair was to-
day moved alongside that of the prison.
er and they remained together through
both morning and afternoon sessions
For hours the prisoner held or stroked
the left hand of Mrs. Haywood which
Is withered by paralysis. Mrs. Steve
Adams Joined the group in the after
noon