The Montgomery advertiser., 1907-05-28
SECOND VENIRE
IS EXHAUSTED
Haywood Trial is Again
interrupted.
ANOTHER vENIRE ORDERED
Defense Declares Lists Made Up
Unfairly to Defendant.
when Jury Will be Completed I'm Doubt
1.-Two of present Jurors May
he Excused
Finally.

Boise, Idaho, May 27.--The Steunen-
berg murder trial has again been in
terrupted by the exhaustion of the jury
panel. The last man of the second spe-
cial venire was disqualified this after
noon and Judge Fremont Wood post
poned the trial until Friday morning
when Shad Hodgin Is to produce an
other special venire of sixty-one men.
The odd number was jocularly asked
for by the defense In the hope of
changing the luck that has logged the
even numbers used.
The work of jury filling Is stopped
at the vacancy created by the seventh
peremptory challenge, so that there re-
main three more peremptory chai-
lenges Beside that there Ia chance
that Juror Tourtelotte. who objected
to the infiction of the death Ycnalty
save IN war or anarchy. viii be ex-
cused when 1t comes time to finally
swear the jury and Juror A. P. Burns
is suffering from lumbago. These cir
cumstances leave the date of the COM
pietion of the jury in doubt.
Prior to the issuance of the new ve-
ntre, E. r. Richardson. for che de-
Tense, strongly intimated hat the pre-
vious lists had been made mp in man
ner unfair to the prisoner. lie said
that. of the 5000 citizens available for
jury duty, fully 1.200 We're members
OF labor unions One hundred ana
sixty talesmen had been before the
court. vet only one of the number was
a labor union N IN and only two others
were workingmen. He said that there
were only fifty or sixty bankers in the
county, yet nine of them had been
found in the lists. He said that the
figures made another singular coinci-
dence and protested against Inc taies-
men being drawn from the farmer ana
merchant classes rather Ihan from Inc
main body of citizens.
Judge Wood. in reply. said that ne
had absolute confidence in Sheriff HOO
gin and said that he would nake 10
sngxestion to him as to tne manner
In which he made up his isss
scruples against capital punishment
ma prejudice against the aceeptance
Of circrnstantial evidence Weo
rtumhlisg blocks Of the talesinen ex-
strnined .oday. ,,,,
with twenty-six people, includins
twe1ve taIesmen seated inside the bar
as snectators, the trial Of William nay
wood charged with the murder OF
former Governor Frank Steunenoers
opened today for the thirteenth day.
begins Examination.
Immediately after the prelimisarl
of the opening of court. the state LOON
IN the examination of S. M. Joplin,
who was called to the Seventeenth
chair lust as court adjourned on sat
urdav afternoon. In the course OF his
examination Joplin said that he was
ornosed to capital punishment L
nresume the State will pay no atten-
ton to that disqualification, SAID
Clarence s. barrow, counsel Tor the
defense, amid laughter. The state
however, challenged and Joplin was
excused.
= i Northrop, a prominent business
man of Eoise. was excused after few
questions that showed prejudice.
w. C. Williamson, rancher ana
at one time a miner and member OF
the western Federation of Miners was
next called. Williamson worked In
mine at Silver City some nine years
ago. He later gave up mining ana
severed his connection with the Wes-
fern Federation of Miners, because
az he said. they told me I was getting
too old for the mine, so 1 gave IT up
and went to farming.
Williamson proved a somewhat re-
freshing change from the run or tales-
men under examination for cause lie
said that since he had been called as
a Juror, he had not allowed people TO
talk of the case In his hearing; that
he had formed no definite opinion as
to the guilt or innocence OF Haywood
and was prepared to pelleVe hini in n,
cent until he was proven guilty. The
state was progressing splendidly along
the line of qualification for cause and
when lust about to pass, the talesman,
Williamson, caused much amusement
by interfering the remark:
.I want 70 say that l am opposed to
capital punishment" when he was
quickly disposed of and Jake Bingam,
a farmer of Boise, was disposed of for
the same reason.
Capital Punishment Figures.
w. S. Bruce, a bank cashier of
Boise. was the fifth talesman called
inside the first half hour. When asked
IL ne knew of any reason why ne should
not serve Bruce said:
az would not under any circum-
stances convict man where the PEN
aItv is death, on circumstantial evil
dence,"
on further examination he said he
could not take the oath as a juror
holding these views. He was chal-
lenged by the State and excused.
Harmon Cox, a retired rancher, who
had worked as a carpenter in Iowa,
wyoming and Nevada. was passed for
cause by the State and his cxamlna-
tIon for the defense was taken up by
clarence barrow. In reply to question
as to his religion. Cox said ne was at
one time "A Baptist and later Method
list. Twelve years ago he quit the
Methodist church and recently became
n member of the Christian Science or
Cox said he believed in
organized labor as means of self
At the same time he saw
no reason why a non union worker
should not take the place of a union
striker
Cox served three years and half in
the Union army. He was carried
through a rigid examination by Mr.
barrow. He was extremely reticent
as to the opinion he had formed from
reading the newspapers. He had read.
for instance, Of the murder OF Steunen-
berg, but did not believe 1t until 1t
was confirmed by some one he knew.
DO you believe that Orchard placed
the bomb that killed Steunenberg|'
Eyes. according to his confession, IL
that is true"
Mr.. barrow endeavored to make the
talesman admit that he believed what
he read and formed fixed opinions. but
was unable to secure anything on
which to base a challenge. Finally