The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-21
Haywood Case Is Adjourned
Until Thursday Afternoon
To Permit Sheriff to Summon
Sixty More Men,
ONLY NINE WE'RE LEFT
OF the Old Venire When Court
Opened for Ninth Day.
These Went Quickly Under
Challenge for Bias.

Boise. Idaho, May 2I.-The special
venire Of taIesmen in the SteUnen-
berg murder trial was exhausted at
10-45 o'clock this morning and Judge
Fremont Wood at once adjourned the
trial until Thursday afternoon TO per
NIT Sheriff Shad HOdg1n TO gather
another venire Of so men
There were only nine men Of the
old special venire left when the trial
was resumed this morning and they
went very quickly Five were ex-
ar1ined and excused under challenge
for bias in S5 minutes. The sixth man.
Levi Smith, 4 farmer. was after an
extended examination, accepted and
given seat 10 Just vacated by John
Fisher. upon whom the defense exer-
cised its sixth perempCOry challenge
After the acceptance of Levi Smith,
Juror Orrfc Cole. who is in bad health,
was excused by consent of both sides,
It being feared that his condition
might seriously interfere with the
trial
OF the last three taIesmen. two were
opposed TO capital punishment and
the Chird had a strong fixed opinion
as TO the quilt or Innocence Of William
D Haywood. the prisoner at bar
The court made the order for the
new special venire and at IL o'clock
afternoon at o'clock
The jury as it now stands is as fol-
lows. seat nine being vacant
Thomas B. GeSsaI fire Insurance
and real estate agent. Isaac BedeI.
farmer. Samuel :. Gilman, farmer;
Daniel Stark farmer; George Powell,
farmer. John WhfrIock, nursery man;
George H Mcintyre farmer Lee
Scrivener. farmer. Levi Smith, super
iutendent OF construction; A. P
Burns. no present occupation, and
Samuel Russell. farmer
The Ninth Day
This is the ninth day Of the hearing
John Whirlocks nursery man,
who was born IN Tennessee, and who
came TO Idaho several years ago from
Nebraska. was under examination as
proposed juror No. : when the rFiaI'
was resumed
The early hour was not attractive
70 the curiosity seekers. with the re-
suit that when the proceedings began
there we're less than 4 score of specta-
tors present
Clarence Darrow. acting as leading
counsel for the defense asked and re-
cefved permission Of the court reru-
porarIIy to pass the examination Of
WhitIock He then announced that
the defense would use its sixth per-
emptory challenge to excuse John
Fisher at No. 10. Fisher is the ranch
er and fruit grower OF whom IT was
/ testified yesterday that he had de
cIared Meyer. Haywood and Petuboue
( should be strung If they had a part
in the Colorado crimes charged against
the union After the exercise Of this
CHALLENGE. both state and defense had
four left with only nine members OF
/ the special veuire OF 100 10 draw upon
James Afior, a teamster, was called
TO the vacancy at No 10. but was
quickly excused after saying he had
/ an opinion that only the strongest sort
Of evidence could remove
one after another Of the remaining
tasafns rTT
orfuiOus until Levi Smith the ninety
seventh member Of this special panel
was reached Smith said he was 4
railroad empIoye and had never rorII1-
ed or expressed an opinion as TO the
guilt or innocence of the accused
No Use for Newspapers.
Smiths examination for the defense
was conducted by Attorney Riehard-
son. He said he was not actually en-
~aged in raflroading. his duties being
- hosz a gang Of men engaged IN
erecting buildings along the right OF
wav Asked what papers he read.
Smith declared.
ssT don't take much stock in news
napers-especiaIIy when they are all
smith said that one OF the attorneys
for the state had once acted for him IN
a legal matter. but it was all cleared
s.Tfd you pay him for his services? -
asked Attorney Richardson
well replied the Juror, don
believe he asked me anything
esvVeII. counseTs advice usually Is
not worth much declared Mr. Rich
ardsou- h,-+,-
Tnff~e Wood then announced that he
RAJ received a report from the aCLeao-
~ rl1vsicfau that Juror Orrfc Cole, al
No. q was not in condition 20. serve on
the panel. He was excused oy con-
sent 49,
TFa task Of filing the vacancy thus
--eareff was fuauspfcIously begun the
f1rs+ man I'd. J. N Lawrence, q FARMER
@a.Ja -fr1~ he had been opposed to cap
f+.T T7TTrishu1eut all his life. He was
excused forthwith
last of the One Hundred
Henry c. Miller. a farmer and next
r., +F7a Tssr member Of the special panel
also declared that he had consc!en-
+io77s =rr11pIes against capital punish
-z-+ Ha was challenged BY the state
L74- Atroruey Richardson resisted IN
order that he might ask few ques-
+fa-s He futerrpgated the proposed
s---~- az 70 whether OF not he would
r0t as a good citizen. lay aside his
scrupIzs and comply with the law he
asked II the jurors scrupIes were 50
strong as 10 make him disohey the
Tudre Wood said he did not think
tf-is line Of questioning was fair TO the
ATTORNEY HawIey, for the state.
orornUrIv objected to Mr. Richardson's :
Questions aS implying 4 censure On the
Juror for entertaining the views he had
expressed
Mr.. RchardSO1 denied rEar any cen
sure had been Intended
The objection was sustained. how