Omaha daily bee., 1907-05-16
NEW POINT RAISED At BOISE
Talssman Says Hs wOu'd Not Credit Harry
Orchards Testimony,
STATE CHALLENGES HIN FOR CAUSE
Defense Persists and wordy war be-
tween Counsel Ensues-Court
UphOIds the Chal-
lenEe.

BOISE, Idaho. May 15.--The unexpected
uncovering Of a vein of prejudice against
Harry Orchard and his testimony during
the further examination OF talesmen in the
Steunenberg murder case today led 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 talesman. in the hands Of the
defense for examination in chief Ques-
tioning had proceeded a short distance
when It developed that Mr. wingate was
biased against Orchard and unwilling to
accept the testimony which It is expected
| he will give against the prisoner. The de-
/ fense naturally tried at once TO show
! that Wingate's state of mind on the sub
4 ject was not such as would warrant his
removal from the box, when the talesman
repassed TO the hands Of the state, Senator
Borah quickly drew from him the fat
| footed statement that he could not against
| any circumstances. give credence to Or
| chard's testimony. Wingate was upon this
excused, the defense excepting to the
courts ruling, and from thence forward
the state was particular to test all tales
men on this point
Exchanges Between Counsel.
Talesman A. p. Burns who finally sue
/
that he was not prepared to give the same
credence to Orchard that he would extend
| to other witnesses but his attitude was
not deemed sufficient to warrant his re-
\ moval. The question recurred at the after
| noon session, when Senator Borah put the
! question to Talesman William McGuffin,
who succeeded Talesman Henry to seat No.
after the latter had been evicted for i'm
piled bias on the testimony OF r. r. Love
lace-the first witness called In the case
who swore that Henry had told him that
Haywood, Meyer and Pettibone would not
have been brought here II they had not
been mixed up in the case"
| Clarence S. Darrow of the defense OBJ
tected to the question and Senator Borah
sharply replied
After the immense latitude that the de-
fense has taken in regard to Mcfarland,
Taft and Roosevelt do not think they
would stick on any technicality at this late
day"
I'VE did not ask as to the effect Of Nc
Partland's testimony" said Messrs Dar-
row and Richardson together.
''If Roosevelt is to be brought here to
testify we might have something more to
say" went on Mr. Richardson.
Roosevelt can take care Of himself wher-
ever he is" retorted Borah
well, / don't know about that" said Mr..
Darrow.
Judge Wood directed counsel to proceed
with the case. but Mr.. DarTow, who was
standing. took formal exception to the re-
marks OF Mr.. Borah.
L win be glad to eliminate Roosevelt Il
YOU will" replied Borah. HIIe was brought
into the case by the defense"
He came in himself" said Mr.. Richard
son. "He is 1000 miles away and he writes
letters"
HE was brought in by his own butting
in." added Mr.. Darrow.
The Judge overruled the objection to the
question the talesman saying that he did
not have any bias or opinion in the mat
} ter, the defense noting an exception and
the incident closed.
one PeremptOFy Challenge.
The Jury box was finally filled with twelve
talesmen subjected to an examination and
temporarily passed by both sides at 3;4C
o'clock In the afternoon and the court an
nounced that 1t was In order for both
sides to exercise peremptcry challenges.
Counsel for Haywood asked for few min
utes' delay, and for ive minutes they gath
cred around the chair of the prisoner and
engaged i'm earnest consultation as to their
course on the men occupying the jury box
|
cused William Van Orsdale, a erocer who
| has occupied seat No. 2 since the Opening
day OF the trial. George F. Nav a young
farmer with strong opinions as to the acts
of certain elements In the labor unions OF
, the country, was then called to the vacant
place The state passed him and he was
still In the hands of the defense when ad'
! journment hour was reached.
The trial will not be resumed until
o'clock tomorrow afternoon because of the
funeral in the morning Of Judge Nugent
father of John F. Nugent, one of the coun'
sci for the defense. Proceedings were
interrupted at the beginning Of the after
noon session today and Judge Wood made
formal announcement of the death of judge
NuRent Committees Of the local bar t.
make arrangements for participation Of th'
bar ana court In the funeral and to draf
3 memorial resolutions were appointed BY
, Judge Wood, and It was announced that K
, hermit the members Of the court to at
: tend the funeral there would be no session
tomorrow morning. This recess may ex
J tend the completion Of the jury beyond th'
end OF this week. Between prosecution anS
, | defense there lie twenty peremptory chal
lenQes and but one OF these has beer
used. It Is generally admitted that botl
sides intend to fully use their peremptor'
| rights, and the present composition OF th'
4 tentative jury may be entirely changed.
: Couer d'AIene Riots Recalled.
a The examination Of talesmen by the de
8 fense today Indicated a desire to furthe
j. investigate the question of general loca
o prejudice. Counsel recalled the trouble
: in the Occur dAlenes hfJeen and eight
e cen years ago and made careful inquir,
> as TO its possible effect upon the minds
n and prejudiees OF prospective jurors. TIT
! rest Of their examination covered the wid
range OF subjects already outlined Th'
n states, beside it's general line Of questions
: and the attitude toward Harry Orchard
introduced today, is also covering member
shin in labor unions and the possible ex
: istence Of prejudice for or against them
The prisoner was again an active partici
pant In the conduct Of the case. He re
peatedly' consulted with hrs attorneys AM
watched the proceeding with attention a
alert as theirs
n The court room failed TO MI today AM
II talesmen witnesses, lawyers, court at
taches and newspaper men had remainei
away the place would have been absolutel
lonesome. The people OF Boise are follow
u ing the case with interest. but the cit