The Birmingham age-herald., 1907-05-16

sion of the court to call R. S. Lovelace as a witness on a challenge for actual and implied bias against Henry.
 There was some discussions as to the provisions of the statutes in this respect, but Lovelace was finally allowed to tes- tify Lovelace said he had a talk with Henry about the case something over a month ago.
 Did he say to you" asked Mir Darrow, "that Mover, Haywood and Pettibone must hayesbeen mixed up in this murder, or they would never have been brought to Idaho?"
 "He did,"
 That is all"
 Senator Borah cross-1examined Love- lace The man said he came to Idaho direct from Chicago. He said he was a socialist and had been one a great many years Isovelace said he began the con- versation with Henry in regard to the socialism.
 Lovelace said he had not been paid nor did he expect pay for his service. He admitted that Henry had not expressed himself as to the guilt or innocence of the accused nor did he express any hatred or feeling against the prisoners individually.
 No Use for Radicals.
 After the witness had left the stand Senator Borah put several questions to Talesman Henry.
 He said he had no acquaintance with Lovelace prior to the conversation. T told him." said Henry, that I had no use for radicals of any party
 Did you say that you believed these men were mixed up in these troubles" !"
 "I don't recollect any such thing.
 MT. Darrow again cross-examined the proposed juror.
 Closely pressed by MT. Darrow, Henry finally said he believed he did say some thing about the defendants being mixed up in the murder.
 "The court will allow the challenge" said Judge Wood. somewhat impatiently
 Henry's place in the panel was taken by Mr Goodall a rancher Goodall said he was a native of Missouri, but came to Idaho eleven years ago from Kansas. Goodal declared he had a deep-seated prejudice which would not make him a fair juror.
 challenge for cause entered by both sides was allowed by the court and Good all stepped aside.
 Wm. H. McGuffn, a coal dealer, was the next occupant of seat No. S. which had p owed exceedingly difficult to fill. He said he had no opinion as to the guilt or innocence of the prisoner.
 When Senator Borah asked McGuffin if he had and prejudice against Harry Orchard, MT. Darrow of counsel for the delense was on his feet with an objec- tion.f1 He declared it was not right to inquire into the effect of the testimony of any one witness might have on juror s mind. MT. Darrow protested that the prosecution was taking too wide a lati- tude.
 After the immense latitude that the defense has taken in regard to the Mo Partland, Taft and Roosevelt, I did not think they would stick on any technical ities at this late day" snapped Senator Borah
 I've did not ask as to the effect of McPartlands testimony answered MT. Darrow. eff Roosevelt is to be brought here to testify, we might have something more to say
 Roosevelt can take care of himself wherever he is,'' retorted Senator Borah.
 Well. l don't know. about that" said MT. Darrow
 Judge Wood instructed the lawyers to conflne themselves to the issues. MT. Darrow persisted, however. q wish to except" he declared, ito counsel's statement regarding Roosevelt as not being proper Roosevelt Butted In. q will be glad to eliminate Roosevelt | if you will" shouted Senator Borah. .He | was brought into the case by the de- l fense."
 He was brought in by his own putting in," declared MT. Darrow. l Judge Wood overrued the objection, as l to Orchard and the talesman said he did not think he had and prejudice in the matter. Questioned by MT. Darrow. Mo Guffin said he would presume the de- 1 fendant innocent until he was proven 1 gunty.
 | McGuffin was accepted.
 The jury box was full There was a l -z l the prisoner and his counsel before the defense announced that it finally passed l the panel. The exercise of peremptory l challenge then was begun. l The prosecution was first to act, ex- | cusing Wm. Van Orsdale, the grocer, who sat as No. ?. Work to fill the vacancy | thus created was begun at once by the calling of Geo. F. Nav, rancher Nav said he had not formed an opinion Ito any great extent;'' while he was opposed | to some extent to circumstantial evil l dence. he felt he could take the instruc- l tion of the court as to the weight of such l testimony.
 l Nav declared he had a certain preju- l dice against labor unions. Nav was accepted by the prosecution.
 The talesman was questioned at length I as to his prejudice against labor unions. | Nav said his prejudice, was practically | due ,1 personal contact and partly due to reading the papers. Nav said he has no prejudice against Haywood.
 Then the Western Federation of Min | CTS Is not in your list of undesirable citi- zens?' queried MT. Darrow. We'll I think I have a prejudice | against the Western Federation of Min | CTS as an organization. but not against | any one of it's members | Nav had not been accepted by the de- 1 fense when adjournment until tomorrow l at o'clock was taken He was locked l up with the other eleven men, however.