The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-05-16
ROOSEVELT
A "BUTTER-IN"
Lively Incident in Hay
wood Trial.
JURY PANEL WAS FILLED
Opposing Counsel Begin the Weed
ing OCT.
barrow and Bornh Have An Amusing
Clash In which the President
Is Lsuded and De-
nounced.

Boise, Idaho, May 15.-The unex-
pected uncovering of vein OF pref
udice against Harry Orchard and his
testimony during the further examina-
ton of talesmen in the Steunenburs
murder case led today to the first sharp
wrangle between counsel and involved
the name of President Roosevelt in an
acrimonious discussion.
The day and the incident began with
Samuel wingate. the eleventh tales
man, In the hands of the defense for
examination in chief. Questioning had
proceeded but a short distance when
ii developed that Mr.. Wingate was
biased against Orchard and unwilling
to accept testimony which 1t Is expect
ed he will give against the prisoner.
The defense naturally tried at once
to show that Wingate's state OF mind
ON the subject was not such as would
warrant his removal from the box. but
when the talesman re-passed to the
hands of State, Senator Borah quickly
drew from him the fatfooted state
ment that he would not under any
circumstances give credence to Or
chards testimony.
Wingate was upon this excused, the
defense excepting to the courts fullng
ana from thenceforward the State was
particular to test all the talesmen on
this point
The jury box was finally filed. with
twelve talesmen subject to examina-
ton and temporarily passed by both
sides at $40 p. m. and the court en-
nounced that 1t was in order for both
sides to exercise peremptory chal-
lenges Counsel for Haywood asked
for a few minutes delay and Tor I'VE
minutes they gathered around the chair
of the prisoner and engaged in earn
est consultation as to their course on
the men occupying the jury box.
The State exercised its right first
and excused William Van orsdale, a
grocer, who has occupied seat No.
since the opening day OF the trial
George F. Nav. young farmer. with
some strong opinions as to the acts OF
| certain elements In labor unions OF tn
l'country, was then called to the yaoan
mace, The state passed hing and h
was still In the hands of the defens'
when adjournment was reached.
The trial will not be resumed unit
o'clock tomorrow afternoon because
of the funeral In the morning OF Judge
NuRent, father of J. F.. Nugent' on'
of the counsel for the defense
Two Talesmen Excused.
morning, Judge Wood. with the con-
sent of counsel, excused two talesmen
who are members OF. the Federal grand
Jury. Attorney Richardson OF the de-
Tense, assumed the work OF questioning
the prospective jurors.
He began with Samuel Wingate, an
irrigator. who had been in seat No. II
since Thursday. The first ten men oil
the panel had been passed yesterday
by both sides without challenge TOT
cause. Mr.. Richardson took Wingats
back to the labor troubles in the Couei
d'Alene district in 1s99-1902, and asked
him II any prejudice had grown in his
mind against the Western Federation
of Miners as a result in the trouble In
Northern Idaho.
Wineate said he partly up held and
partly blamed the Western Federation
of Miners in the Couer dAlene matter
Asked IL he connected Governor Steuen-
enberg's death with the trouble In the
mines. Wingate replied that he thought
the Governors death "a very bao
thing" This incident. however, he
added. did not interest him "a great
sight after the first excitement hao
worn down. He had formed an opinion
which was weakened as time wore on
Did you read about an alleged con-
fession of Harry orchardr'
Yes"
Did you form any opinion in regard
to it?"
Yes"
"As to what?" -"'.: ~~
AS to Orchards guilt
You could not act as juror at this
trial, them"
No"
Roosevelt Censured.
Wingate, questioned further, SAID
that he thought President Roosevelt
ought to have kept his hands off the
matter and let this man be tried by
the court and jury.
we pass the juror" said Mr.. Rich
ardson, sitting down.
Senator Borah, for the prosecution
asked permission further to question
the proposed juror.
DO l understand you to say you
would be prejudiced against Harry Or
chard as a witness?"
yes. sir; | certainly would.
@And you would give his testimony
no weight
Il could not"
we challenge the juror for cause
for actual bias, said Senator Borah.
The defense resisted, saying the
Juror had right to put his own weight
on the testimony to be adduced. Judge
Wood allowed the challenge. and the
deIenSe nOteu an exception.
S. M Kepner farmer, and Henry
Ott former County Commissioner OF
Ada, both challenged and excused.
A p. Burns, retired business man
was the fourth occupant of chair No
IL at the morning session. Burns was
passed by the State without challenge
for cause ana later by the defense with
out challenge. Mr.. Richardson Their
took up the examination of Samuel f
Russell. a farmer, who had been or
the first panel selected ever since last
Thursday.
PrOhIbItiOnIst Examined.
What are your politics?"
Il am a prohibitiontst."
Then, you did not vote for Senator
Borah.''
mo sir
Asked il he had ever had any expert
ence in law offices. Russell said he wat
a justice of the peace for several years
''Then you had some experienced"
Yes; l had one case
Did you hang him?"
No: 1 Just bound him over: that's
ALL"
I'VE pass the juror" said Mr.. Rich
| ardson.
/ With the passing Of Russell Their