Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-05-23
TRIAL MUST HALT
At Least so More vsniremen Must
Be Summoned to FIJI Hay
wood Jury.
MAKING PROGRESS SLOWLY
But Eleven Of the 20 Peremptory
Challenges Have Been Used--A
Man On Jury In Pay
OF Defense.

Boise, Ida, May 21.--It seems inevi
table that the Steunenberg murder
trial must be halted again Tuesday
to permit the gathering Of another
special venire OF talesmen. When the
session Of Monday ended only eleven
out of 20 peremptory challenges had
been used and but nine of the 100
veniremen gathered week ago re-
manned uncalled. The remaining nine
will hardly furnish grist for a days
work SO some time Tuesday Judge
Wood will probably adjourn the trial
for at least full day and send Sher-
LII Shad Hodgin forth in quest Of 80
additional talesmen. .
The vacancy created by the ninth
challenge, made on Saturday was
opened when the trial was resumed
Monday morning, the vacancy created
by the eleventh challenge was open
when court adjourned Monday after
noon, and the difference between the
two sums up the little stride forward
Of the day. Joseph Chinn, Of chair
eight, challenged by the defense, and
VIM. McGuffin Of chair six, challeng-
ed by the state, were the men of the
old crowd who went down Monday.
George Powell and Lee Scrivener were
the two men who passed muster, the
first named for the vacancy made by
the ninth challenge, the last named
the tenth challenge. They are both
farmers and Mr.. Scrivener was for
merly sheriff In Kansas.
There were 16 men examined and
excused for cause. Most Of them had
ieep seated opinions as to the guilt or
innocence of William D. Haywood and
went down for bias challenges from
the state. Two Of the 16 had scruples
against capital punishment and two
others had scruples about hanging a
murderer on circumstantial evidence.
The examination YEARLY droned its
way over the same old ground al
.hough the defense has narrowed its
'ange Of questioning. 1t asked moth
ng Monday about the Roosevelt let
.ers and the Taft speeches, but de-
voted much attention to possible To-
al prejudices and the existence Of
General prejudice against socialists.
Good humor has come back to coun-
lei and they joked and played back
md forth all day, and the laughter of
N easily-pleased crowd frequently
ounded through the room. Once only
vas the easy swing of the day broken
y the defense returning to Juror
Usher and questioned him as to a
onversation with @. P. Allen, a To-
al Socialist, in October, last. Mr..
Usher was at first certain that he
ad not talked with Mr.. Allen. but
hen Mr.. Allen came forward the
lror said he recognized him. Mr.. |
lien was sworn and testified that 4
Ir. Fisher had said that he knew of /
cts of the accused in Colorado and Z
lat they should have been strung up I
sfore they were brought to Idaho. 4
r. Fisher maintained that he did not 8
" anything Of the kind, but thought q
3 might have said that II the ac- v
lsed were guilty Of the things done n
Colorado they should have been n
rung up. James H. Hawley, lead o
G council for the state questioned d
r. Fisher at length and brought out Il
% statement that he was employed I,
: the defense to poll his precinct o
at he was paid $3.50 per day when D
worked and that he was still 81
der pay. Judge Wood failed to sus- VI
in the challenge Of Mr.. Fisher and r,
remains in the Jury box for the p
ne being. il
7. D. Catalan, an attorney Of Boise b
lned the defense as associate coun- j
Monday. He makes the eighth Of
unset for the defense participating m
the trial. 81
The trial goes on at $50 Tuesday p'
orning in future that will be the m
ur Of converting and adjournment in
Il be at o'clock. M