Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-05-16
"Your bias against Orchard IS ar
abiding conviction"

| for actual bias" said Senator Borah.
| The defence resisted.
Judge Wood allowed the challenge
and the defence noted an exception.
s. NJ kepner, a farmer. called to fol-
| low Wingate as No. II. said he had both
| formed and expressed an opinion. He
| was Immediately challenged by Sena-
| tor Borah, the defence joining.
| Henry OFT, former county commits
| sioner of Ada, who followed Mr.. Keep
| nor in seat No. II, said it would re
quire much evidence to remove the
| opinion he had formed from reading
| newspapers. He was challenged by the
defence and Judge Wood excused him.
A. p Burns, n retired business man,
the fourth occupant of chair No. IL, at
| the morning session, said he had read
of Orchards confession.
Has it rrejudiccd you against Or
chard as a witucss?" asked Senator
i}nrah.
"Well,/I think il has
Burns said he had read about the
| bringing Of the prisoners from Colora-
do but had reached no conclusion as
to whether the method was right or
wrong. He was Republican, but the
feet his judgment.
Burns was accepted by the defence
without challenge.
Mr.. Richardson then took M the OK
animation OF Samuel =. Russell a
farmer, who had been No. II on the
first panel selected ever since last
Thursday.
Did you come II any conclusion from
what YOU road of this case?"
II call 'cm opirions," said the juror.
Asked if his opinion could be changed
BY evidence. the Juror said no.
Then | take it your opinion has moth
ing to d. with the evidence?'
That is true
we pass the juror said Mr.. Richard
son, who Il moment later reserved the
right to put a few more questions after
recess.
With the passing of Russell there weri
l. men in the box subject only to per-
cmptory challenges. Recess was then or
dcrcd.
When proceedings were resumed, corin-
sci for the defence announced that Mr..
Russell at No. u would be accepted with
out further questioning.
Mr.. barrow then reverted to D. w.
Henry at No. 6. who was questioned as
to certain conversations he had with
man named Lovelace.
Didn't YOU say to Lovelace." asked
Mr.. narrow, that you thought Socialism
ana Anarchism were the same thing as
Dnvilism?"
Il told him." replied Henry that 7
mad no use for Socialism. Anarchism or
Devilism."
Mr. barrow asked permission of tina
court to call Mr.. Lovclacc as a witness
On challenge for actual and implied bias
against Henry.
There was some discussion as to tho
provisions Of the statutes in this respect,
hut Lovclace finally was allowed to tes-
thy.
Did Henry say to YOU asked Mr..
Dlrrow. that Meyer, Haywood and
Pottibonc must have been mixed up in
this murder or they would never have
boon brought to Idaho?"
"Hc did
'rhat is all"
Senator Borah crOSS-cXamincd Love !
lace. I.c said Ii" was a Socialist and
bad been one d great many years. He
said lie did not believe the Western
Federation of Miners had anything tol
do with the Stucncnbcrg murder and he |
did not think tn" men accused of the
murder were getting a square deal"
After the witness left the stand, SEN
ator Borah put several questions to
TalCSman Henry.
Did you say that you believed these |
mon were mixed up in these troublcs?"
II don't recall any such thing"
"'Thc "ourt will allow tho challenge"
said Judge Wood, somewhat Inpatient |
~.
Henry's place in the panel was taken
by Mr. Gopdall, 4 rancher Goodall de-
clared he had a dcep-seated prejudice
which would not make him fair juror. |
A challenge for cause. entered by both |
sides. WAS allowed by the court ana
Good1ll stepped aside.
William H. MC';uffin, Il coal dealer, |
was the next occupant of scat No. G. |
which has proved difficult to fill.
"Aftcr the immense latitude the de- |
fence las taken i'll regard To McPart-
land Taft ANA Roosevelt | did not |
think they would stick at any tcchni- |
cplity at this late day" snapped SEN
atar Borah.
1--WE cid not ask as to the effect of |
testimony" answered Mr.. |
barrow. "If Roosevelt is to be brought |
here to testify we might have somo-
thing more To say
Roosevelt can take care Of himself |
wherever he is" rctortcd Senator |
Bcrah.
well don't know about that" said
Nj DarrOW
Judge Wood instructed the lawyers
to confinc themselves tn the issues. Mr..
barrow persisted. however.
II wish u except" he declared, "to
statement regarding Roosr-
vclt az not being proper"
II will DC glad 20 eliminate Eoose-
volt if you will" shouted Senator
Bordh.
"IIc vas brought into the case by tho
defence"
"IIc was brought in by his own but
ting ir," declared Mr.. DarIow.
McGufiin was accepted without chal-
lrngc ana the jury box was filled.
yT~r.. |