New-York tribune., 1907-05-10

would that influence your verdict provided the
court instructed you that such person equal
ly responsible with the man who actually did the
killng?"
''I would take the instruction Of the court"
The examination OF Ewing was here dropped
temporarily. and MI Hawley passed on TO the sec
ond 1t then became apparent that he would
go through the panel OF twelve men before the de-
fence undertook its examination of the proposed
Jurors.
The second man. James L. AyTes. said he was
a farmer, married. and had lived in this county
since 1881 He 10 this state from Tennessee.
Ayres had passing acquaintance with Governor
Steunenberg.
do you read any Of the socialist papers pub
lished in this county," asked Mr.. Hawley
II do not. but they have been sent 70 me in the
last few months
Ayres said some Of the papers came to him by
mall while others We're thrown into his yard
How long has that condition existed?"
I'VE object TO that" interrupted Mr. Darrow for
the defence The only question here Is the bias
of this proposed juror. There is nothing to show
that any one connected with this case had any
thing to do with these papers They have nothing
10 do with the case"
Il have decided 10 allow wide latitude in this
matter" said Judge Wood. land for that reason
the objection is overruled."
Ayres said the papers had been coming for sew
eral months. He read OF them for a time but
stopped
''Why?" asked Mr. Hawley.
Il got tired OF IT.
Avres then said he had formed and expressed an
opinion He was challenged by the prosecution.
The defence resisted the challenge and Mr.. Rich
ardson of Haywood's counsel. took up the examina-
ton of talesmen He drew from Ayres the state
ment that he felt that he could render fair YER
dict but il would take considerable evidence 10
change his present opinion.
The prosecution insisted upon the challenge, and
st was sustained. As Ayres stepped out of the box
the defence noted an exception. John G. Brecken-
ridge was called. breckenridge said he was a
grocer and had discussed the case more or less
Thoroughly with his customers. He had discussed
also the method Of bringing the prisoners to Idaho
from Colorado and had formed and expressed
decided opinion based upon what he had read IN
tho newspapers If the evidence were dinerent
from what he had read. ne thought he could change
his opinion He not ready without hearing
the evidence to decide the fate OF the prisoner
breckenridge was challenged by the prosecution
The defence joined in the challenge. and the
talesrnan was promptly excused.
'I am glad agree on something salo MT
Hawley laughngly.
C,antetn J. f. Yates president OF the Boise Bank
of Commerce was the next talesman examined
Captain Yates blunt and monosyliaDio IN ms
answers He said he had read about the case aho
discussed IT, What he had heard. however "oulo
NOT influence his verdict. He said he had no bias
or feeling against the prisoner personally
Mr. Hawley passed Captain Yates without chal-
lenge and went with the examination OF henry
w. Baker. a grocer, VINO SAT III chkF W o.
Baker made the third man excused Tor cause
The other two however, had not been examined
finally by the defence
George Walker. butcher. in chair No g. said
he knew Governor Steunenberg only by sght
Senator Forah conducted the examination OF
Walker
Walker said he had formed an opinion tha'
would require rather strong evidence TO remove
He also said he was opposed to capital punishment
| where circumstantial evidence entered INTO tie
s ua 1yaa thereupon challenged by the prose
cution The defence resisted and reserved the rgh,
| 10 question him later Senator bofah "ithui0"
the states challenge temporarily. ,,, 4. ~,
George II. Mcintyre, farmer tpsa resdlmg IA ybsr t
tbe luncheon recess until o'clock was ordered
Notwithstanding the fact that the twelve men ~
the Jury box had not been sworn Judge WON
ordered that they be kept together.
THE AFTERNOON SESSION
Before proceeding with the examination OF NC
Intvre at the afternoon session counsel for both
state and defence agreed to excuse w. A simpson