The Birmingham age-herald., 1907-05-16
WRANGLE OVER ROOSEVELT
 IN HAYWOOD CASE
CONTINUED FROM PAGE 11


 the defense. Ott said 1t would require had formed from reading the newspapers. He was challenged forthwith by defense and Judge Wood excused him.
 Read Orchards Confession.
 A. P Burns, retired business man, was the fourth occupant of chair No. Il at the morning session He said he had been member of the carpenters union when he lived In Nebraska years ago, but this would not prejudice him against the state in a trial of union man. Burns said he had read of Orchards confess sion.
 Wouldn't you believe him?
 'I would not give his evidence the same weight I would some other witnesses"
 Possibly not" commented Senator Borsh.
 Messrs. Darrow and Richardson of the defense laughed loudly at this.
 Burns was passed by the state without challenge for cause and his examination taken up by MT. Richardson.
 Suppose it should develop that the de- fendant here Is an advanced and pro nounced socialist, would that affect your judgment as to his guilt or innocence?' "No.'
 Suppose he turns out to be an unquali- fled socialist, would you give him the
  qualified democrat, or, let's say, an un- terrified democrat?'
 q can't understand all that" protest ed the juror.
 "Oh well, never mind you would give the defendant fair trial, wouldn't your" ''I would" Burns was accepted by the defense without challenge. MT. Richardson then took up the ex- animation of Samuel F. Russell, farmer with an immense beard, who had been No. 12 on the first panel selected ever since last Thursday.
 Split Rails With Lincoln?
 Russell said he lived at one time in H. linois.
 What did you do there?'' asked MT. Richardson. "I split rails"
 With Abraham Lincoln?"
 "No, by myself, and I could beat him, anyway"
 A gale of laughter swept the room.
 After you got through splitting rails, what did you do?'
 Well, my wife taught school and I lived on the money"
 Again there was an outburst of laughter
 Did you come to any conclunion from what you read of this case?"
 "I call 'em opinions" said the juror.
 How recently have you read the pa- pers?"
 Up to the time I went in the jury box?"
 Then I suppose you stopped?' "You bet: 1 stopped short'
 Asked if his opinion could be changed, Russell said "I wish 1t might be-" "Could 1t be changed by the evidence?' No, sir" Then I take it your opinion has noth- ing to do with the evidence?" That's true."
 DO you know Senator Borah?" | "Yes" What are your politics?' 'I am a prohibitionist."
 Then you did not vote for Senator Borah?"
 No, sir"
 Asked, if he had ever had any experience | in law offices, Russell said he was a jus tice of the peace for several years.
 Then you had some experience?'
 "Yes, I had one case"
 Did you hang him?" 1 No, just bound him over. that's all.
 We pass the juror.' said MT. Richard son. With the passing of Russell there were twelve men in the box subject only tc peremptory challenge. Recess was ther | taken. | When the proceedings were resumed ir | the afternoon MT. Darrow reverted to D 1 w. Henry at No. G. who was questioned as to certain conversations he had witf a man named Lovelace. | Didn't you say to Lovelace, asked MT Darrow. that you thought socialism and anarehism were the same thing as devil ism"
 q told him." replied Henry, that had no use for socialism, anarchism or | devilsm."
 Then you have a feeling of prejudice against socialism,"
 No, l have not
 What made you say what you did to | Lovelace?"
 .'I just said it to shut him up.'
 At this point MT. Darrow asked permis-