Omaha daily bee., 1907-05-10
None Finally Accepted and All Are Locked
Up Until Monday.
EXAMINATION TAXES WIDE RANGE
vsniremen Say They We're Not Influenced
by Presidents Letter,
ORCHARD is SURE OF CONVICTION
He VIII He Found Guilty Of Murder
I'm First Degree Regardless Of
verdicts I'm the other
Cases.

BOISE. Ida. May s.-wniam d. Hay
wood, first Of the alleged participants in
the avenging conspiracy, by which 81 Is
averred the assassination OF Frank STEM
nenberg was plotted and executed. was
placed upon trial for his life today. Coun-
sci for state and prisoner entered at once
In a businesslike way upon the examination
Of prospective Jurors and kept steadily at
the task for fve hours No juror was
finally accepted, but substantial progress
was made and the Indications at the close
of the session were that a jury could be
obtained by the end OF next week.
The opening day OF the trial went
through It's conclusion in quiet harmony.
unmarked by unusual incident. It was
earnest and businessllke. Its striking
feature was the entire absence OF crowds
or demonstration in any form. At no time,
morning or afternoon. was the court room
more than half filed and the streets form
ing the court house square contained not a
single loiterer.
Court AdfOurns Until Monday.
The case was halted shortly before 5
o'clock by the exhaustion of the Jury panel
and an adjournment was taken until Mon
day morning, Meantime the sheriff will
summon a special venire OF 100 men. The
eleven men under examination, but not yet
finally accepted or rejected, were locked
up and will be closely guarded.
Haywood was brought to the court room
sharply at 10 in the morning. He found
his family in line of chairs to the right
of his seat and in front were all OF his
counsel He devoted more attention to his
youngest daughter than to anyone else and
| throughout the day took practically no part
in the selection OF jurors. Many men In
/
study OF their prospective jurors and fire.
quently express their personal preference.
but Haywood seems content TO leave the
matter entirely in the hands of his lawyers.
| Haywood gave no sign of any feeling or
emotion, but sat quietly throughout tho
day. Mrs. Haywood and the oldest dRugh-
ter stood the ordeal apparently well, but
| the younger child cried after the examina-
tion of talesmen began. Mrs. Haywood
| and her children did not attend the after
noon session.
Defense Takes wide Range.
The questioning Of the defense took a
much widen range than that Of the state
and its most striking feature dealt with
the possible effect upon the minds and atti-
tudes of jurors of the letter of President
Roosevelt in calling Haywood and his as
sociates undesirable citizens" the speeches
/ in Idaho of Secretary Taft the message
of Governor Goodlng to the legislature Of
Idaho, the speech in Boise of Senator Hey
/ burn. the action Of the Idaho Legislature In
passing a resolution appropriating money
for the prosecution OF the three prisoners.
| Mr.. Richardson, who conducted the eX-
animation of the talesmen, was also par
ticular to ascertain their attitude toward
socialists and members Of labor organiza-
| Al h.xr
fair trial He was also anxious to know IL
they had and professional, personal. fra
ternaI religious or political affiliations with
any of the counsel for the state, any con-
nection with detective agencies, any expert
ence in the pursuit or prosecution Of Grim
inals or were members Of the Mine own
ers association. Richardson also asked IL
they had contributed 70 any fund for the
prosecution OF the prisoners; IL they were
members OF the Citizens alliance, II they
remembered the old labor troubles in Idaho
| and II they had taken sides in the labor
troubles at any time.
| remarkable feature OF this examina-
tion was that all the talesmen questioned
/ by the defense swore that they had not
been Influenced by the letter Of President
! Roosevelt or the speeches of other officials
of the national and state governments. and
majority of them said they were repub-
licans.
Concern of the Prosecution.
] The chief concern OF the counsel for tho
! state in the examination of talesmen as in
dieated by their questions was their atti-
tude toward circumstantial evidence, the
/ absence of the accused from the state when
the crime was committed, the effect OF the
manner in which prisoner and his compan-.
| Colorado ViaTv Of
the talesmen 10 the death penalty for muir
/ der In the first degree and union labor.
/ They also questioned each talesman as to
his acquaintance with the murdered gov
| ernor with a view to disclosing friendship
orenmlty. Their examination brought out
the fact that certain labor and socialistic
papers are being distributed free Of charges
In parts OF Ada county
The custom Of the Idaho courts IN select
! ing juries in criminal cases Is 20 call twelve
men to the jury box and TO keep the box
fulltuu by Immediately filling any vacancies
that ocur. The state first conducts exami-
nation that continues until twelve men have
been passed, when the body OF talesmen
pass to the defense for examination. The
state passed twelve men early this after
noon and the general examination is in the
hands Of the derense OF the eleven men
remaining in the box at the close Of today's
Z session. only thfee nave peen pdseu Dy DoAu
sides. They have not been finally accepted
and sworn and are stiii subject 10 peremp-
tory challenge.
They are A. L. Ewing. a carpenter and
veteran OF the civil war; William Van Ors-
dale, a grocer OF Boise. and Samuel ID.
Gilman. a farmer, who lives in thee ounty
ten mi es from Boise. Gilman served in the
Philippines with the Idaho volunteers. Un-
der the law as recently amended each side
has ten peremptory challenges.
Judge Wood announced that he intended
10 give both sides a wide latitude in the
examination OF talesmen, He also - owed
a Willingness 70 grant challenges where
there seemed any reasonable objection to
the altitude Of the talesmen and In the one
contest Of the day he ruled with the de-
fense. which had challenged the talesman
and was resisted by the state.
Colorado Men a. Witnesses.
The first disclosure OF the names % the
j Witnesses for the state, than those known