Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-14
ror First Time in the Haywood
Case Questions Men Who
May Try His Client.
VOICE SOLEMN, IMPRESSIVE.
asked Talesman Pride if He Would
Like to be Tried by a Jury
In His Frame of Mind.
R.p,lcd He "Hatcd TO Contemplate
such Thlng"-Scveral We're EN-
cused for One Cause or Another.

17oise Ida, May 1.-THE line of pre-
,lninary progress toward the empanel-
ing Of a jury to try William d. Hay
wood for the alleged murder of Frank
steunenberg has crossed the front row
nj the jury box and by this afternoon
win mass into the rear line. The fifth
talesman---Allen Pride, a young farmer
was passed shortly after II o'clock
and when court rose for the noon re-
cess the effort to fill the sixth chair
was in progress, The defense must still
examine the entire row before
peremptory challenging can commence.
BARROW TAKES A HAND.
Mr.. barrow, who today for the first
time took up the examination OF tales
men. gave a tone of solemnity to the
conclusion of his examination of Tales
man Pride. Advancing 10 point
where he Immediately faced the tales
man he leaned forward and in an i'm
pressive voice asked him if he were on
trial for his life if he would be prepared
10 be tried by II men in his frame of
mind Pride first said that he hated
10 contemplate such thing" and that
the defendant could do worse in iur-
ors than he was. Pride said he did not
want TO serve on the jury but that he
would do his duty fairly.
CHALLENGED BY DEFENSE.
j. l.. Waggoner, the member of the
original panel who figured as the COM
plainant in the Yost case. was chal-
lengod by the defense on the general
ground that his experience in the case
omitted him for service In the case. a
contention which he admitted was we'll
rounded. and Judge Wood sustained the
challenge.
Two talesmen from the special venire
developed irremovable prejudice against
,ircumstantial evidence and went down
before challenges from the state.
The free circulation OF Socialistic pa
pers throughout Ada county was again
shown. this time during the eSamina-
ton OF Talesman Pride.
With 2 men in the box, four Of
whom had been passed without chal-
lenge for cause by both sides, the
examination of talesmen for duty on
the Haywood jury was resumed short
~ after 10 o'clock this morning. The
confined jury panel early today took
long walk in the hills hack of
Boise. Three deputies accompanied
them.
Clarence S. barrow of Chicago took
up the examination for the defense
To-Day, beginning with j. L. Wagon
er In seat No. 8. Waggoner is the
man who was complainant in the case
against w. n. 9ost who was recent
!y charged with having approach
ed proposed juror Mr.. barrow ask
ed Waggoner about this experience
with Yost.
Did you have any opinion as to
which side the man came FROM
whether the state or defense?"
Yes. ! had an opinion" replied
Waggoner.
Did he try to influence your opin-
ion In this case?"
I don't know"
But You swore he did in your af-
ildavit against the man."
The complaint was drawn up and
1 swore 10 it,"
Now. then, hasn't your Judgment
peen affected by all you have heard
ana done In this case?" asked Mr..
barrow.
II guess it has" replied waggoner
Waggoner was finally excused by
consent, and J. w. Smeed. a nvery,
Inai' Was called TO occupy the vacant
seat
HAD THOUGHT OF CASE.
Smeed was questioned first by Mr..
HaW!ey, for the state. He said he
Aad heard the case discussed. but not
70 any great extent. No strangers
mad ever attempted to discuss the
matter with him and he had taken
No particular interest In IL He had
,s1u OF inc case from time to time in
'"V iocai papers.
Have you formed an opinion?"
asked Mr.. Hawley.
nave thought about the case
duout the probable Outcome--but I
can't say have amy DEFINITE opinion.
believe that II the defendant is
sunny ne ought To be punished and il
loose" ''N'
smeed said he had also thought Of
me manner In which the defendants
were brought from Colorado TO Idaho
ana mad made up his mind as to wheth-
'r u was right or wrong. He claimed
=" nave a strong prejudice against cir
.unslahtlal evidence and this called
forth challenge from the state.
We deny the challenge" quickly IN
leIposrd three Of the al torneys for tn
defense IN unison.
Judge Wood lnteIrogated tho tales
man.
DC you mean to say that IL tic
nIIl Instructed you that chcumstau-
llal evidence was proper evidence YOU
court?" INNS - wy
Not altogether" replied Smeed
me evidence was an clrcunstan-
llAl' the talesmau declared he would
N?t convict man Of murder.
me prosecution renewed its ohal-
'uEc on the ground OF bias
?, We VIII state In advance" said Mr..
lhMlcN, that our evidence win be
nn.lsely circumsrantial in this case.
Ihllss Juror has admitted he cannot uct
with impartiallty."
me defense again resisted the chal-
lenge and further questioned the tales
re insisted he would want actual as
WEI! as "rcumslantial evidence.
Ihe court VIII allow the challenge
lpr artual bias ruled Judge Wood.
me defense noted AN exception
ALLEN PRIDE.
Allen Pride, q farmer. next was called
10 toht No. o. lie answered satlsfac-
llorilE all the questions propounded by
,h9 attorneys for the state and was
lulckly turned over 10 the defense for
,Namlnalion. Pride insisted thar lie
hnd no fixed opinion one way on HE
Iiher The only thing no kn6>, about
sc cpsc Was what he saw In the pubs
NJ print hui ina dfd npt halfau~ al