Los Angeles herald., 1907-05-24
GET ONE JUROR
ON TENTH DAY
HAYWOOD TRIAL MAKES ONLY
SLOW PROGRESS
Second Special Venire at Boise Ia
Partially Weeded Out Before the
Day Expires-Witnesses
Still Arriving
By Associated Press.


BOISE, Idaho, May 23-The net re-
suits of this, the tenth day of the Hay
wood trial, were the partial wedding out
of the talesmen of the second special
venire entitled to statutory exemption
and the partial qualification of one
juror.
The examination of the new venire
has not proceeded very far but it shows
that the reaction of interest in the
Steunenberg murder and the rediscus-
sion of the facts established and dis
puted is, by natural process, disqualify-
ing many citizens for jury service in the
case and indicates that the publicity
given to examination of talesmen has
widely increased popular knowledge as
to the means of artistically avoiding
jury service in the case.
The sixty men of the second special
venire presented themselves when Judge
Wood ascended the bench at 2 o'clock
this afternoon, and when it was an
nounced that the court would hear eX-
cuses twenty-three of the sixty marched
forward.
Judge Wood said that he would accept
only those whose excuses came within
the statute, and when he made good his
announcement the band of petitioners
melted very quickly. Five petitioners
were fatty denied their petitions, nine
were temporarily denied and six were
granted.
The other three petitioners did not
bother to present their excuses.
Filling Seat No. 9
Then began the attempt to fill seat
No. 9, made vacant by the release of
Juror Orric Cole on account of illness.
The first five talescen had opinions that
would require evidence to change-one
of them said his opinion would last re-
gardless of the evidence-and they all
went down on challenges from the state.
Early in the examination Clarence
Darrow, for the defense, asserted that
James H. Hawley, for the state, was
seeking to lead talesmen up to qualifica-
ton by improper questioning. Judge
Wood overruled his objection, but he
continued to address the court. Mr..
Hawley bristled, and for a few mo-
ments there was a promise of a scrim-
mage. But the court checked the in
cipient row and the examination
went on.
Next the clerk successfully drew the
names of four talesmen whose petitions
for excuse had just been temporarily
denied In order to give them time to
get certificates from physicians as to
the illness of themselves or their wives. |
and it was agreed that they should be
passed until the court finally decided |
on their application.
Watch that old wheel repeat" whis- |
pered a man outside the gate as the |
name of the fourth sick man was called. |
Call Tenth TaIesman
The tenth and last talesman called
was Henry Curtis, a farmer, and he
gave every indication of qualifying. |
Senator Borah led him over a long ex-
animation which showed him to be free
from opinion or bias and to be quite
open minded. Just as the state passed
him for cause and he went to the hands
of the defense for examination the trial
was adjourned until $3.50 tomorrow
What amounts to roughly one-third |
Of the new venire was exhausted this L
afternoon, and some of the men who
watch the trial believe that these venire
will not fill the one certain and nine or
ten prospective vacancies in the jury.
After a talesman has been qualified for
Mr.. Coles place the state will use its
seventh peremptory challenge, which
the twenty allowed.
Between talesmen and spectators the
court room was filled this afternoon. |
Included in the number were many wit
nesses who continue to arrive here as
the date of the taking OF testimony |
draws near. Mrs. Haywood and her |
daughters sat with the prisoner all aft
ernOon.