The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-01
TWO VACANCIES
ON JURY REMAIN
State ExhauSts Its Percmpt0ry
Challenges and the Defense
Has But One Left.
HAYWOOD TRIAL MOVING
THREE POSSIBLE WITNESSES IN
OGDEN.
HAYWOOD TRIAL MOVING

Boise Ida May 31.-There remain but
two vacancies in the jury that will try
William D. Haywood for his life for al
legged participation IN the assassination OF
Frank Steunenberg and there is reason
for hoping that they will be filled by to-
morrow afternoon. AS jury selection mar
rows down to final chances interest in the
case is being generated and the contest
grows directly sharper. Both sides are
eager and anxious and they anXlously
watch the last talesmen whose names are
drawn from the lottery box on the desk
of the clerk of the court.
The state has exhausted its arbitrary
rights as to the personnel OF the JURY
il used its tenth peremptory challenge
tOday-and in all probability the defense
must use its final challenge tomorrow.
After that the selection of the twelfth
Juror must be left to fateful chance for
The first talesman who broadly comes
within the requirements OF legal Quailfl-
cation must be chosen. There may still
be dismissal by mutual agreement, but il
Is unusual for contending counsel to agree
upon the disqualification of juror.
New Venire Fruitful.
The new special venire of sixty-one
talesmen that presented Itself when the
trial was resumed this morning proved
very fruitful in men qualified to act as
Jurors There was the usual offering of
assorted excuses. but only five of them
moved the heart of the now stern court.
Taesman j. A. Robertson, the very first
man called. qualified in A canter for the
vacancy created by the seventeenth per-
Cmptory challenge and the defense at
once challenged Juror Harmon Cox, the
veteran whom it tried hard to dis
qualify ON Monday last This made the
ninth challenge used by the defense At
ter three failures II. +. Messacar sue
Ccssfully withstOod the fire OF questions
from both sides and was accepted for the
place
TourtelIotte Let Go.
Then the court finally dealt with Juror
Tourtellotte. who opposed. capital punish
ment. and whose manifest disqualification
has been running through the trial for
several days. Judge Wood called the
question up and first both sides fenced
on il. Finally the state challenged Tour
iellOtte and the court excused him. The
defense reserved a point on the matter
because ii may prove valuable fighting
ground on appeal. Talesman Nelson
FTeeland qualified for TOurtellottes Old
place. but the state did not care TO have
him on the jury and fired its last chal-
lenge on him. Senator Borah wanted to
pass the states last challenge temporarily
3n order to get other vantage ground, be-
fore using it. but Judge Wood ruled that
If passed it would be waived and lost.
Capitalist Caught.
Here the pay streak of qualification
pinched out and the vacancy was I'M
filled when the hour of adjournment was
reached. Alfred Eoff capitalist. who is
suspected OF disqualification. was caught
in the chair at the last moment before a
single question had been asked. and TO
the amusement of the crowd was sent to
the jury house to be carefully locked up
for the night
AS the court rose Judge Wood signifi-
Cantly remarked to counsel that the
length of tomOrrow's session would de-
pend upon the celebrity with which the
jury is completed
Invalid Wife in Court.
Mrs. Haywood wheel chair was today
moved alongside that OF the prisoner and
they remained together through both
morning and afternoon sessions For
hours the prisoner held or stroked the
withered by paralysis. Mrs. Steve Adams
Joined the group in the afternoon