The San Francisco call., 1907-06-01
HAYWOOD JURY MAY
Be COMPLETED TODAY
Only One Seat Vacant and
One Peremptory Chal-
lenge Remaining
NEW PANEL ON HAND
Examination Proceeds More
Rapidly After Warning
From Court
NEW PANEL ON HAND
Bv Oscar- King Davis

BOISE, Idaho, May 31.-Today's work
in the district court brought the COM
pletion of the Haywood jury within
sight and there seems a good prospect
that the end will be reached in time for
an early adjournment tomorrow. When
court reconvened this morning with a
special panel OF 61 all present, there
remained three peremptory challenges
unused, one place in the jury box was
vacant and 1t was certain that one of
the men who had been passed by both
sides would be excused.
This mornings session qualified
man to take the vacant seat and used
qualified the talesman's successor. The
afternoon session saw excused the man
as to whom there had been question,
got man qualified in his place, who
was then peremptorily challenged by
the state. So that at adjournment for
the day there was one place vacant and
but one peremptory challenge remain
ing, the last for the defense.
OF the new panel five had been ex-
cused for legal reasons and IL others
had gone through the examination mill
and the thirteenth, a retired banker of
Boise, was sworn on voir dire just be-
fore adjournment and locked up for the
night with the others without having
been asked a single question, to the
immense amusement Of the spectators,
who were clearly of the opinion that it
would have taken only two or three
minutes for the banker to establish his
disqualification.
PROUD OF SCOTLAND
The first man examined today quail
fed. He was ]. A Robertson. He told
Richardson that he was born in that
grand little country where they raise
honest men and bonnie lassies," Scot
land. Robertson had beaten the 1s
hoodoo to a standstill, having spent IS
years each in Scotland, Canada, Illinois
and Nebraska before he came to Idaho
II years ago. H f. Messecar. whom
the lawyers persisted in addressing as
Massacre. was the next man to qualify
He stammered and the lawyers were
easily convinced that he had not talked
much about the case with his neighbors
or anybody else
The first thing at the afternoon ses-
sion the irrepressible Tourtelotte came
up again He was the man who had
scruples against capital punishment at
certain angles, but not at all He as
sured Judge Wood today that he was in
a horrible situation, for If he took the
jurors cath he would perjure himself,
and If he did not he had already per-
jured himself, and altogether he was in
a peculiar state of mind 1t wound UP
in his being permitted to take his Pc
culiar views back to his architects Of
fee.
NO FAITH IN ORCHARD
In J. c. Baldwin, a rs year old black
smith farmer, the prosecution got hold
of another. man who would not believe
Harry Orchard under oath. He passed
all the rest Of the examination at the
head of the class, but when Borah
asked him the general life saving ques-
tion at the end. as TO whether there was
anything which might prevent him
from being fair and impartial juror,
he biurted out his opinion OF Orchard.
The next man, Nelson F'reeland, a re-
tired rancher of SO, who looked to be
about 35, had 100 answers for every
question by either side From his own
tale of It he spends most OF his time
reading and never has opportunity to
think it over. There was no subject in
the whole range on which he had opin-
ion,| bias, prejudice, impression or any
of the other seventy odd things that
kept men out of jury boxes. But in an
incautious moment he admitted that at
the solicitation of Jack Brady or
Charles Allen he had blown in" 25
cents in subscribing for the Appeal to
Reason
The state used up its last peremptory
challenge to get rid of Freeland. Two
or three men were examined for Free
lands place and were bowled out, and
then came Allen Eoff, who pronounces
him name as If were spelled Oaf He is
a robust, well nourished, ruddy checked
individual, whose mere presence in the
jury box amused the audience. Then
when he was locked up within minute
after taking his seat, without having
opportunity to answer a single uues-
tion, there was a general howl of glee
1t looks now as if the state will make
its formal opening on Monday.