The Birmingham age-herald., 1907-05-22
Case is Adjourned Until Thurs
 day Afternoon
SHERIFF GETS NEW VENIRE
Great Battle In steunenbere Murder Trial Will Be Over Testimony of orchard-Will Be Cues
 tioned a Week.

Boise Idaho, May 21.-It is predicted today that the first witnesses testifying to circumstances connected with the Steunenberg murder case will take the stand one week hence. There are still eight unexpended peremptory challenges; there is an additional vacancy, created by the excusing for illness of Juror Orric Cole, and under the ruling of Judge Ere mont Wood the entire jury is still open to further exception. It is predicted that the jury will be finally sworn In some time on Monday next; that the opening statement will be made on either Mon da-- afternoon or Tuesday morning, and that the first real testimony will be taken on Tuesday.
 It has not been decided whether James H. Hawley or Senator Borsh will make the opening statement for the prosecution. The prosecution continues to file names of all witnesses to be used in the four cases pending and they now number near ly 200. Less than one-third of them will be called in the Haywood case.
 Harry Orchard, the principal witness for the state, will probably be questioned for full week.
 The great DdLlle Ol lll6 llidi VIII Cohio with the introducing of Orchards testi- mony in court
 The special venire of talesmen was ex- hausted at 10:45 o'clock this morning and Judge Wood at once adjourned the trial until Thursday afternoon to permit Sher- if H odgins to gather in another yenire of sixty men. There were only nine men of the old special venire left when the trial vas resumed today and they went Tixra aya 7igaad a nd excused under challenges for bias in thir- ty-five minutes The sixth man, Levi Sm..h farmer, was, after an extended examination, accepted and given seat No. 10. jus, vacated by John Fisher upon whom the defense exercised it's sixth per- emptory challenge After the acceptance Of Levi smith. Juror Orric Cole, who is in bad health, was excused by consent of both sides, 1t being feared that his condi- ton. might seriously interfere with the trial.
 Of the last three talesmen, two were op- posed to capital punishment. and the third had q strong fixed opinion as to the guilt or innocence of Vim. D. Hay wood, the prisoner at the bar.
 Talesmen Examined.
 John Whltloek, a nurseryman, who was born in Tennessee and who came to Idaho several years ago from Nebraska, was under examination as proposed juror No. when trial was resumed at 9:30 a. m. today. The early hour was not attrac- tive to the curiosity seekers and there were less than score of spectators pres ent.
 Clarence Darrow. acting as leading counsel for the defense, asked and ceived permission of the court temporarily to pass the examination of Whitlock. He then announced that the defense would use it's sixth peremptory challenge to ex- t-1-- rancher and fruit grower of whom 1t was testified that he had declared that Mover, Haywood and Pettibone should be strung if they had a part in the Colorado crimes charged against the union. After the air of this challenge both state and defense had four left, with only nine members of the special ve- nire of 100 to draw on
 James A. Flor, a teamster, was called. but quickly excused after saying he had an opinion that only the strongest evil dence could remove.
 One after another the remaining few talesmen went down because of opinions until Levy Smith, the ninety seventh man from the special panel, was reached. Smith said he was a railroad employe and declared he had never formed or expressed an opinion as to the guilt or innocence of the accused.
 Smiths examination for the defense was conducted by Attorney Richardson. He said he was not actually engaged in railroading, his duties being to boss gang of men engaged in fence building along the right of way Asked what papers he read Smith declared:
 T don't take much stock in newspapers especially when they are all one way
 Smith said that one of the attorneys for the state had once acted for him in a legal matter, but it was not all cleared up.
 Did you pay him for his service" asked Richardson
 Well. replied the juror, ''I don't be- lieve he asked me anything"
 Well, counsels advice usually is not worth much" declared Mr. Richardson.
 Smith finally was accepted by both sides.
 Judge Wood then announced that he had received report from the attending physician stating that Cole at No. was not in condition to serve on .he panel. He was excused by consent.
 The task of filling the vacancy thus created was inaupiciusly begun, the first man up, J. N. Lawrence, a farmer. de- claring he had been opposed to capital punishment all his life He was excused forthwith.