The Montgomery advertiser., 1907-05-21
Nr "a MAY CALL A
 NEW VENIRE Number of Talesmen
 Thinning Out. HALF THROUGH CHALLENGES Richardson Enters Formal Protest Against States Sixth. Cab Driver Is Excused by Defense and Bank President Called to Take the Seat Made
 vacant.


 evitabIe that the Steunenberg murder trial must be halted again tomorrow to permit the gathering of another spe- cial venire of talesmen.
 When the session today ended, only eleven out of twenty peremptory chal- lenges had been used and only nine of the ten veniremen gathered week ago were uncaiied. The remaining ninee will hardly furnish grist for days work. Some time soon Judge wood will probably adjourn the trial Tor at least full day and send Sherln Shad Hodges forth in quest of fifty additional talesmen.
 Joseph Chinn of chair No. s, chal- lenged by the defense, and William Mo- Guffn of chair No. 6, challenged by the State, were those of old crowd who went down today. George Powell and Lee Schrivener were the two men passed muster today.
 Sixteen men were examined and ex- cused for cause. Most of them had deep settled opinions as to the guilt or innocence of William H. Haywood and went down for bias challenges for the State. Two of the sixteen had scruples against capital punishment and two others had scruples about hanging a man on circumstantial evidence.
 The examination weariIy droned it's way over the same old ground, al- though the defense has narrowed It's range of questions. It asked nothing today about the Roosevelt letters and the Taft speeches. but devoted much attention to possible existence of gem eral prejudice agains Socialists.
 There was 6 scant attendance of spectators when the trial was resumed this morning and the court took up the work of filling the vacancy cre- ated on Saturday by the ninth per- emptory challenge. The Haywood family was absent. A number of wit nesses, including Bukley Wells of Col orado. were in the court room.
 When today's court opened, Clarence c. Barrow, for tse defense. continued the examination of T. c. Decleroq. g rancher. who was called into seat No 5 in the jury box Just before court adjourned last Saturday. After long examination Decleroq declared that his mind was pretty well made up. He was excused.
 The next talesman. George W. Mas tons, rancher. asserted that the opinion which at first he had stated was not fixed one. would require strong evidence to remove. He said he had read the Socialistic papers which had been put in his mail box for sev- eral months past Because of his opinion Missions was challenged by both sides and stepped down.
 George Powell. also a rancher. and a native of Kansas, finally proved &C., ceptabIe to both sides and took his place as juror No. 5. MT. Powell said he had neither opinion nor prejudice in the matter, He is about SO years old. The defense then was called upon to exercise its fifth peremptory chal- lenge. It was directed against Joseph Chinn at No. 8. Chinn is a hack driv- CT and a Democrat.
 Bank President Called.
 George Fletcher president of local bank was the first talesman called to replace Chinn. He said he had a very strong opinion and was quickly ex- cused as were four others.
 Lee Schrivener, a farmer. was called into the box as the luncheon adjourn ment until p. m. was ordered.
 Schrivener was put through a thor ough examination at the afternoon ses- sion and accepted. Schrivener served as a sheriff for three years in Kansas. He was born in Ohio.
 MT Darrow asked permission of the court to interrogate John Fisherm, No 10, as to conversation he had with a man in his orchard last fall Asked if he knew a man named Allen, the juror said he did not.
 Mir. Darrow then called Allen from the spectators and confronted the juror. Fisher quickly recognized the man, but said he had not known his name. their acquaintance being limited to one meeting.
 Didn't you say to Allen that you had read about these defendants and they ought to be strung up?" asked MT. Darrow
 ''I did not say just that. but I'll tell you what I did say" replied Fisher. "I said I have read about men being blown up in Colorado and I said that if these men were guilty of that, they ought to have been strung up before they were brought to Idaho.
 Fisher declared that he had no preju- dice against the Western Federation of Miners as an organization, but he had a strong feeling about some of the things charged to it. MT. Darrow chal- lenged the juror for actual bias and called C. P. Allen to the witness stand Allen said he was a rancher and car penter. He came here five years ago from Cripple Creek. Colo. Allen de- clared that Fisher told him he knew what Mover, Haywood and Pettibone had done in Colorado, and they ought to be strung up.
 Employed By Defendant.
 On cross examination, Allen said he had been in the employ of the defense for ten days or more, his business be- ing to poll a given place. He declared he did most of the polling at home.
 Are you a Socialist" asked MT Flaw ley for the State.
 ''Yes, have been a Socialist for two years"
 All you Socialists are taking a deep interest in the defense. aren't you?"
 MT. Darrow objected and was sus- tained.
 MT. Hawley then drew from the wit ness the fact that he was employed by the defense at the cost of S3.50 a day.
 "Getting money for today's work?" asked Hawley.
 Yes"
 "Doing anything but appearing as witness today?"
 No, sir. Y"
 The witness was excused and Judge Nao5 tbon f,iaGfioncd the juror