The Washington herald., 1907-05-16

Boise, May 5.-The lawyers OH both
sides of the Haywood trial groped their
way through the talesmen's whiskers to-
day with such unerring skill that by ad-
journment time they at least had jury
box filled with talesmen, who had passed
the examinations Of counsel for both sides
The box once filed. the peremptory
challenging began. It was the States
first inning, and William VanersdaIe. a
clerk in a Boise grocery store. vas the
first man excused. Another talesman was
at once drawn 70 fill his place, and so it
VIII go on until each side has exhausted
its perempt0ry challenges, or is satisfied
1t now seems probable that the jury
VIII not be selected before Friday, for
court will not meet again until tomorrow
afternoon, the morning session being
omitted on account of the funeral of
Judge Nugent, who formerly presided in
the very court where this trial is being
held
Fight Over Views of Orchard.
There was a hot scrap between counsel
in the afternoon. Senator Borah wanted
10 ask juror what his attitude would
be toward evidence given by Harry
Orchard. but Darrow objected Borah
said that. as the defense had been ringing
in President Roosevelt, Secretary Taft,
and Gov. Gooding, they ought not to
object to questions about Orchard
President Roosevelt got into this case
by butting in declared Darrow.
We'll" retorted Senator Borah. I'm
be glad to leave him out If the defense
will"
Mr.. Richardson, for the defense. argued
that a juror had a right 20 make up his
mind whether a witness was credible
or not, but the court held that no person
prejudiced against a prospective witness.
as 5. n Wingate insisted he was. had
any business on the jury. and he sus-
tained "a challenge from Senator Borah.
II was the general view that the de
fense had lost a fine chance to seat a
juror who would at least hang the jury.
while the prosecution had had a narrow
escape. All the talesmen examined after
this We're asked by the prosecution
whether they had any bias against
Orchard, and it is safe to say that the
defense will not get another such chance
as was got by them to-day.
Lawyers in Another Clash.
Mr.. Richardson examined A P. Burns.
once a grocer He was excused. The
lawyers got into row about the alleged
kidnapping Of the prisoners from the
State Of Colorado. and Senator BOrah put
a period to it with the remark that he
was perfectly willing to take the decision
Of the United States Supreme Court on
the matter. After the recess for lunch
con, Mr.. Darrow got after Talesman D.
". Henry once more. Henry is the man
who had a talk with jim Lovelace, a
scout for the defense. He was excused.
When GOodau the next prospective
juror, was called, he said ne had talked
with folks about the case and read much
about il, but he thought he could try the
case fairly. 1t was apparent. however,
that he had strong notions about the
Western Federation of Miners he based
upon the riots in the Occur dAIenes in
the late Sos. and he was let 90.
William MCGuffin, a Boise coal and feed
dealer. passed all the tests Of both sides.
After the prosecution had peremptoriIy
excused Grocer Van Orsdale and George
F. Nav. a farmer. has been called to
occupy juror chair, the court ad-
Journed until tomorrow afternoon.