The Birmingham age-herald., 1907-05-21
OnIy Ten Left to Complete
 Haywood Jury
WEARY ROUTINE QUESysS;ps 7
 osSy
Sixteen Men Are Exam. i'd Ex- cused for Cause In the Steunen- burg Murder Case
 at Boise.

Boise, Idaho, May 2O.-It seems inevita- ble that the Steunenberg murder trial must ba halted again tomorrow to permit the gathering of another special venire of talesmen. When the session today ended, only eleven out of twenty peremptory challenges had been used and only ten of the 100 veniremen gathered week ago remained. Some time soon Judge Wood will probably adjourn the trial for at least a full day and send Sheriff Shad Hodgen in quest of gfty additional tales | men.
 Joseph Chinn, of Chair No. g, chal- lenged by the defense, and Wm. McGuffin, of chair No. 4, challenged by the state, were those of the old crowd who went down today. George Powell and Lee Schrivener were the two men passed mus ter today.
 Sixteen men were examined and excused for cause. Most of them had deep-seated opinions as to the guilt or innocence of Vim. D. Haywood, and went down for bias challenges for the state. Two of the sixteen had scruples against capital pun ishment, two others had scruples against hanging a man on circumstantial evil dence. f,s
 The examination wearlly took the same routine, but the defense narrowed it's range of questions.
 When todays court opened Clarence s. Darrow, for the defense, continued the examination of T. c. Decleroq, who was called into seat No. in the jury box juc hafo a1 act day. After a long examination Decleroq declared that his mind was pretty well made up. He was excused. The next talesInan, George w. Missions, a rancher, asserted that the opinion, which at first he had stated was not fixed one, would require strong evidence to remove. He said he had read the so- cialistic papers which had been put in his mail box for several months past. Be- cause of his opinion Missions was chal- lenged by both sides and stepped down.
 George Powell, also a rancher, finally proved acceptable to both sides and took his place as juror No. D. MT. Powell said he had neither opinion nor prejudice in the matter. He is about 60 years old.
 The defense then was called on to ex- ercise it's fifth peremptory challenge. It was directed against Joseph Chinn at No. 8. Chinn is a hack driver and a dem ocrat.
 George Fletcher, president of a. local bank was the first talesman called to replace Chinn. He said he had very strong opinion and was quickly excused as were four others.
 Lee Schrivener, a farmer, was called into the box as the luncheon adjournment until p. m. was ordered.
 Schrivener Examined.
 Schrivener was put through thorough examination at the afternoon session and accepted. Schrivener served as a sheriff for three years in Kansas. He was born in Ohio.
 MT. Darrow asked permission of the court to interrogate John Fisher, No 10, as to a conversation he had with man in his orchard last fall. Asked if he knew a man named Allen the juror said he ddd not. MT. Darrow then called Allen from the spectators and confronted the juror Fisher quickly recognized the man, but said he had not known his name, their acquaintance being limited to one meeting.
 Didn't you say to Allen that you had read about these defendants and they ought to be strung up?" asked MT. Dar- roy. c
 a.I did not say just that, but I'll tell what I did say" replied Fisher. q said I have read about men being blown up In Colorado and I said that if these men were guilty of that they ought to have been strung up before they were brought to Idaho."
 Fisher declared that he had no preju- dice against the Western Federation of miners as an organization but he had a strong feeling about some of the things charged to 1t.
 MT. Darrow challenged the juror for &C., tual bias and called c. P. Allen to the stand He came here five years ago from Cripple Creek, Colo. Allen declared that Fisher told him he knew what Mover, Haywood and Pettibone had bone in Col orado and they fought to be strung up.'
 On ross-examnaton Allen said he had been in the employ of the defense for ten days or more, his business being to poll given place. He declared he did most of the polling at home.
 Are you a socialism" asked MT. flaw ley for the state
 ''Yes, I have been socialist for two years"
 "All you socialists are taking deep interest in the defense aren't you?'
 MT Darrow objected and was sustained.
 Mir Hawley then drew from the witness the fact that he was employed by the de- fense at the cost of $3.50 day.
 Getting money for today's work?' asked Hawley.
 Yes"
 Doing anything but appearing as witness today?"
 "No, sir"
 The witness was excused and Judge Wood then questioned the juror.
 Fisher told the court that he had not expressed an opinion as to whether the defendants were or were not guilty of the murder. but that he said that If they were guilty they ought to be strung up."
 Judge Wood overruled the challenge against Fisher and the defense noted an exception.
 The next peremptory challenge being with the state, Attorney Richardson for the defense registered another formal pro- test against the state, being allowed ten challenges under the new law. He de- clared that the old law, allowing the state but five challenges was in force and ef- feet when the Haywood case was set for trial.
 Judge Wood overruled the objection and again the defense noted an exception.
 The state exercised its sixth peremptory challenge against Wm H. McGuffin No. G. Mir. McGuffin is real estate dealer. Joseph Reshears. farmer was called to the place vacated by McGuffin> He de-