The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-18
Fifteen PeremptOry Challenges
Remain i'm Haywood Case.
And There Are But 30 TaleSmen
Available at Present.
WILL NEED MORE MEN.
Almost Certain That Another
Venire Will Be Called.
Excitement Over the Orchard
Confession Is Dying Out.

Boise. Idaho, May 1S.-With five
peremptory challenges exhausted out
| of twenty; with thirty-two talesmen
| to be examined; eleven talesmen in
| the box awaiting peremptory chal-
lengeS, and one still under eXamina-
ID. Haywood, charged with the muir
der of former Governor Steunenberg,
! opened this morning with small pros
| pect of a jury being completed before
the end of next week Monday viii
see the beginning of the second full
week of the jury getting period. 1t is
quite possible that the present Venire
Will have been exhausted before jury
has been secured Should this prove
, to be the case it is even likely that
third week will be entered before the
box is full and the case begins in
earnest.
The session today will be shorter
than other days of this week. The
court will sit until half past 8 and
adjourn over until Monday.
The storm raised over the publish
ed interviews with Harry Orchard
seems to have almost subsidized. The
public prosecutor to whom was en-
trusted an investigation into the liza
bility of the newspapers responsible
nit his report to the court at the
afternoon session today What the
report may be is entirely matter or
conjecture, but counsel on both sides
cause for contempt proceedings
against the newspapers is likely to be
found. 1t is pointed out that in the
first place an intent to prejudice Jurors
or the case must be shown and in the
second place that the jurors examined
at yesterdays session admitted they
had not read the papers and that II
they had done so they were not in
fluenced by the report of the interview
This will depend upon the scope of the
evidence brought in by the prosecu-
ton. -
reserve the opening address to the jury
until after all the evidence for the
prosecution has been offered and the
state has closed.
Proceedings in Detail.
Boise, Idaho, May 1S.-With the
opening of court this morning the at
torneys continued their long drawn
task of securing a jury to try William
d HAYWOOD There were IL men as
usual in the box, when todays pro-
ceedings began and only five of the 20
peremptory challenges had been ~ eX-
ercised-three by the prosecution and
two by the defense. Attorney Rlch-
ardson took up the examination OF
Isaac Beden, farmer at No. 2, who
was called yesterday to fila gap made
by a peremptory challenge. Bedell
had already been passed by the state
without challenge for cause
Beden was also accepted by the de-
Tense which was then called upon to
exercise it's third peremptory chal-
lenge.
Walter Shaw, at No. 4, was excused.
Shaw's brother is a member of the
state legislature. AS such he voted for
Senator Borah, now one of the states
counsel.
A. P. Goodwin. a lumber dealer.
called to replace Shaw, said he was
raised on a Maine farm, moving to
Boston he took up trade as carpen-
ter:
did you belong to union?" he
was asked.
mo, we did not have such things in
those days" he declared. Mr.. Good
win is 20 years of age.
Leaving Boston he went to Missis-
sippi to live.
"But I soon left there in a hurry"
said Goodwin.
'ssWhy did you leave in a hurry" h0
was asked.
Returning from Mississippi to his
old home in Maine for a few months, |
Goodwin soon caught the California |
fever and came west where he has liv-
ed ever since.
Goodwin said he had formed a ten |
tative opinion and had expressed it |
He was thereupon chal- |
lenged for cause by the defense, the |
state resisting.
Judge Wood denied the challenge |
and an exception was noted
Examined along another line by the |
defense Goodwin declared he did not |
approve of many acts charged to the |
Western Federation of Miners and that |
he had a prejudice against the organ
ization to a certain extent. He could |
not say but that his prejudice extend
ed from the organization to Haywood |
as an officer of it. Goodwin was again
challenged for actual bias. Once
more the state resisted. The proposed |
Juror was questioned by the court. He
declared he knew nothing of the
Western Federation of Miners except |
what he had read in the papers. He
stated positively that nothing he held |
against the Western Federation of Mi
ners would influence his verdict. Judge |
Wood thereupon denied the challenge. /
The defense again excepted to his rul-
ing.
The next arbitrary challenge was
with the prosecution and was exercis-
ed against w. n. Ridge, a farmer and
road supervisor, who sat at No. s.
Rudge had applied to Judge Wood for
discharge on the ground that he was
under bond to keep the roads, of his
district in good condition. His appli-
cation came too late, however, Judge
Wood said at that time.
Joseph Chinn, a hackdriver and
Democrat, satisfac torily filled the va
cancy made by Ridge, after he hadi
examination by Attorney Richards F
He declared he had neither opinions
nor prejudice to hinder him from
reaching a verdict. The defense next
challenged Mr.. Goodwin
who only this morning was selected to
fill seat No. 4.
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