The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-27
FIVE WENT DOWN
Second Special Venire in Hay
wood Case Nearly Exhausted.
Surprising Amount of Opposi-
tiOn to Capital Punishment.
ONE JUROR is FOXY.
Causes Repeated QuarrelS Be-
tween Opposing COnsel.
Challenge by Defense Is De-
MED by the Court.
ONE JUROR is FOXY.

few remaining talesmen of the specia
. venire in the Steunenberg murder
; case were in order disqualified wher
the trial was resumed this morning
Three of them were opposed to CAPT
tai punishment, one was against
hanging a man on circumstantial evil
dence and the other had an irremov-
able opinion.
The sixth talesman, Harmon Cox, a
veteran of the civil war, pioneer of the
gold rushes of the SOS and now re-
tired from farming. his last occupa-
tion, consumed nearly all of the
morning session and involved Clar-
ence Darrow, for the defense, and
Senator Borah in a series of amusing
quarrels. The talesman seemed slow
of thought, and after the state had
promptly started out to disqualify
him Senator Borah kept UP fire of
objection and opposed the repeated
! challenges of the defense
Mr.. Darrow openly charged that the
talesman was incompetent to try a
man for his life, and asserted that the
state itself could not want him on the
jury Darrow and Borah stood up
the examination which ran all the
shades of opinion and impression as
/ TO all the material facts so far de-
J veloped in the case. BY turns Mr..
| calm and coaxing, and once the pa
tient talesman lost his temper. Mr..
! Cox was halting and unclear about
many of the incidents of the case but
he always came back. to the assertion
that his mind was free from an opin-
ion as to the guilt or innocence of the
accused. that he was free from bias,
or prejudice. that he could give the
defendant q fair trial.
The remaining talesmen of the sec
ond special panel will be examined
during the day and there must be an
adjournment for another special
venire.
Proceedings in Detail.
With twenty-six people, including
twelve talesmen, seated inside the
bar, as spectators the trial OF William
D. Haywood, charged with the nur-
der of former Governor Steunenberg,
opened today for the thirteenth day.
Immediately after the preliminaries
of the opening of court the state took
was called to the seventh chair just as
court adjourned on Saturday after
noon.
In the course of his examination Jop-
lin said that he was opposed to capi-
tai punishment.
Il presume the state will pay no at
tention to that disqualification" said
Clarence S. Darrow. counsel for the
defense, amid laughter.
The state, however, challenged and
Joplin was excused. G. J. Northrop, a
prominent business man Of Boise. was
excused after a few questions that
showed prejudice William Williamson,
a rancher and at one time a miner and
member of the Western Federation of
Miners. was next called.
Williamson worked in q mine at Sill
yer City some nine years ago. He Ia
ter gave up mining and severed his
connection with the Western Federation
of Miners because, he said "they told
me was getting too old for the mine.
so I gave it up and went to farm
ing"
Williamson proved a somewhat re-
freshing change from the run of tales
men under examination for cause. He
said that since he had been called as
a juryman 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 believe him inno-
cent until he was proved builty. The
state was progressing along the line of
qualification for cause and when just |
about to pass the talesman. William |
son caused much amusement by quiet |
ly interjecting the remark:
Opposed to Capital Punishment.
Il want to say that I am opposed to
capital punishment"
He was quickly disposed of and Jake |
Bingham, a farmer of Boise, was dis
posed of for the same reason.
w S. Bruce, a bank cashier of Boise, |
was the fifth talesman called inside the !
first half hour. When asked if he knew
of any reason why he should not serve,
Bruce said:
Il would not under any circum-
stances convict a man where the PEN
atty 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 challenged
by the state and excused.
Harmon Cox, retired rancher, who
had worked as carpenter in Iowa.
Wyoming and Nevada was passed for
cause by the state and his examination
for the defense was taken up by Clar-
ence Darrow.
In reply to questions as to his reIig-
ion Cox said he was at one time a Bap-
tist and later a Methodist. Twelve
years ago he quit the Methodist church
and recently became a member of the
Christian Scientists, whose church in
Boise he has attended regularly since.
Cox said he believed in organized labor
as a means of self protection. At the
same time he saw no reason why a nom
union worker should not take the place
Of union striker. He admitted that
ais two children. a boy and a girl at !
Telephone company, had taken the
places of striking operators during a
'ecent strike in the Boise office.
Cox Is Foxy.
Cox served three years and a half in
he union army and rose to the rank of !.
He was carried through ,
'igid examination by Mr. Darrow He )
lie had formed from reading the news ,
papers He had read for INSTANCE of | .
he murder of Steunenberg. but did not
believe it until it was confirmed by | t
ome one he knew.
do you believe that Orchard placed {