Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-06-03
Consists of One Carpenter, Sew
en- Farmers, Three RancherS,
One Real Estate Dealer.
0. V. SEBEM TWELFTH JUROR.
Recess Taken Till 3 p. m. When
Indictment Will be Read and
BaiIiffS Instructed,
Adjournment VIII bc Taken UntU To.
morrnw--F ouilscl for Idaho VIII
Then Make Statement

Boise. June S.--The Haywood Jury
complete is as follows;
Thomas b. Cess, real estate.
Finley Mclean rancher
Samuel D. Gilman, farmer
Daniel Clark farmer
George Powell raucher.
O Y, Sehern, farmer.
II. f. Messeoar. farmer
Lee Scriyener farmer.
j. A. Robertson, farmer.
Levi Smith carpenter.
a. +, Burns. retired rancIer.
Samuel r. Russell farmer
After a good nights rest. William,
b Haywood the secretary and treas
urer OF the Western Federation Of Min
ers, was apparently completely rcstor-
ed this morning and expressed him
self as feeling first rate" Haywood
was out FOR his regular exercise on the
lawns around tho Jail
CASE RESUMED.
The case against Haywood charged
with the murder of former Gov Steun-
cnbcrg, was recommended at IL
o'clock this morning after an nter~
mission caused by the Illness Of Hay
wood, who, 1t was announced on Sat-
urday, was not in condition to at
tend court The opening of court this
morning was delayed until II o'clock
in order to allow Judge Fremont
Wood TO attend to some important
matters pending in the district and TO
give the talesmen in attendance an
opportunity TO return from their
homes, where many of them went
over Sunday.
When Judge Wood took his seat on
the bench the defendant was in his
accustomed place, but not one of his
many attorneys actively participating
| In the case was present There was
wait OF several minutes before they
| arrived. The inference was that the
| attorneys had peen engaged in "A con-
| ference OF more or less Importance.
THREE TALESMEN EXCUSED.
! Judge Wood excused three taiesmen
| because Of Illness and then the states
attorneys took up the examination of
| Alfred Eon, retired cashier OF the Boise
city National bank, who had been
called Is possible Juror at No 8.
Questioned by Senator Borah OF the
| state Mr. Eofl stated that from what
had formed something OF an opinian,
bur 1t was not so strong that he could
not lay II aside upon taking his oath
as a juror.
Il would be influenced from what L
have heard and read" said Mr.. Eoif.
| but al the same time If the evidence
| adduced Is contrary to any opinian |
| may have. ] would be guided entirely
| by the evidence. 1 want to be perfect
| ly frank about the matter. / would take
! the law from the court
Atty, Richardson for the defense chal-
| lenged the juror Tor implied bias on the
! strength of his opinion.
| The challenge was oVcrrulcd. Rich
| srdson then challenged on the ground
| OF actual bias In thar The Juror could
| not act with absolute impartality.
| Questioned under this challenge, Eoff
said he undoubtedly would take an
| opinion into the jury box, gu, he had
no pre- JUDGE or bias 10 ;hc matter.
Judge Wood again denied the challenge.
Atty. Richardson examined the pro-
| posed juror further. EoT repeated mat
| he had not prejudice or bias and said he
! would ElNe ths defendant the benefit OF
every reasonable doubt, He felt leo
| could arrive at u decision entirely from
the evidence. ASKED If he would Ike
! To be tried 10y a person who held MS
| views a. TO the defendant in this case,
| Ean declared he would not.
| Il would not want. TO be tried b$ any
| one who admitted he had been ipfiu-
! euced by what he read ~ declared Eoft.
| The juror also admitted to some preJu-
| dice against the Western Federation OF
| Miners growing out OF the Occur
| d Alcue trouble.
INC attorneys for the defense chat
| len.ed third time. Judge Wood
said lie felt the juror would weigh The
evidence fairly aud denied the chal-
! lenge.
Eon came 20 the far west as a lal
| Of u and prior to coming 10 Boise be
| had always been an employs Of Wells,
| Fargo * Co. acting as psymaster IN
| the stage days uud agent az various
places. lie has participated IN many
| frontier hold-ups as defender Of his
| employers treasure chests. EON is
! now o. Years OF aBe. blt looks 20 years
| Younger.
Eofr finally said TO MI. Richardson
! chat he felt he could give the defend
| ant "a fair trial but at the same time
| be would be Influenced TO a degree by
| his oplnoiu l1of also said he could
not presume the defendant innocent aa
! he entered upon the trial. but u the
| evidence warranted he could acqut
/ Thereupou the Juror was challenged
fourth time and again Judge Wood
Eon was then passed for cause onlv
20 be challenged percmptorily b. the
defense which used rs last urblUnsy
| challenge against him.
THE TWELFTH JUROR
o. V. Sebern the first talesman call.
ed 10 replace EOr qualified as the
| twelfth Juror S,heru Is 52 years OLD
| ana q farmer. He was born in Iowa
and then moved TO Wyoming wEere
he was engaged In stock raising Sc
| bern has lived p this county less thal
| two years. ie said he had no strong
! opinion in the mattsi one way OF the
! other He entertained neither pref
| udiCc nor bias. Asked n he would
! care 10 he liied by man holding his
| Views SebeTu said
| ~ certainly would. All I would ask
would be that the Juror 30 a square
! and honest man.
q, v. Sehern was passed by both
I sides Tor cause and the jury box was
| flllTd al 1880 p m.
As soon az Sebern wHs passed into
the box, Judge Wood said;
SWEAR THE JURY.
ME- Clerk swear the Jury
Senator Borah interrupted this plo-
redure 10 ask permission 10 hle tho