The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-03
JURY COMPLETE.
Men Who Will Sit in Judg.
ment on w. ID. Haywood
Are Sworn in and Most Of Them
Are Farmers.
CASE WILL PROCEED.
Indictment to Be Read Before
Close of the Day.
Both Sides Exercised All of
Their Challenges.
CASE WILL PROCEED.

Thomas B. Cess, real estate; Finley
Mclean, rancher; Samuel D. Gilman,
farmer; Daniel Clark. farmer; George
Powell, rancher; o. v. Seborn, farmer;
Fl. F. Messecar, farmer; Lee Scrivner,
farmer; ]. A. Robertson, farmer; Levi
Smith, carpenter; A. P. Burns, retired
rancher; Samuel F. Russell, farmer.
Court adjourned at 12:45 until p.
m, when the indictment will be read
to the jury.
The Days Proceedings.
Boise, Ida, June 3.-After a good
nights rest, William D. Haywood, the
secretary and treasurer of the West
ern Federation of Miners, was appdr-
emily completely restored this morning
and expressed himself feeling first
rate Haywood was out for his reg
ular exercise around the Jail.
The trial of Haywood, charged with
the murder of former Governor Steun-
enberg, was recommended at IL O'Clock
this morning after intermission caused
by the illness of Haywood, owing to
which it was announced Saturday
he was not in condition to attend
court. The opening of court this morn
ing was delayed until IL o'clock in Or
der to allow Judge Wood to attend to
some important matters and to give
the talesmen in attendance an oppor-
tInity to return from their homes, where
many of them went over Sunday.
When Judge Wood took his seat on
the bench the defendant was in his ac-
customed place, but not one of his
many attorneys actively participating
in the case was present. There was
wait of several minutes before they ar
rived. The inference was that the at
torneys had been engaged in a confer
ence of more or less Importance.
Judge Wood excused three talesmen
because of illness and then the states
attorneys took up the examination of
Alfred Eoff, retired cashier of the
Boise City National bank, who had
been called as possible juror at No. 6.
Questioned by Senator Borah for the
state. Mr.. Eoff stated that from what
he had heard and read of the case, he
had formed something of an opinion,
but it was not so strong that he could
not lay it aside upon taking his oath
as Juror.
Il would be influenced from what 1
have heard and read" said Mr.. Eoff,
but at the same time, if the evidence
produced is contrary to any opinion L
may have. I would be guided entirely
by the evidence. 1 want to be perfect
ly frank about the matter. 1 would
take the law from the court.
Attorney Richardson, for the defense,
challenged the juror for implied bias
on the strength of his opinion.
Challenge Overruled.
The challenge was overruled. Rich |
ardson then challenged on the ground |
of actual bias in that the juror could !
not act with absolute impartiality.
Questioned under this challenge, Eon |
said he undoubtedly would take an |
opinion into the jury box, but had no |
prejudice or bias in the matter. Judge |
wood again denied the challenge.
Attorney Richardson examined the |
proposed juror further. Eoff repeat |
ed that he had no prejudice or bias |
and said he would give the defendant |
the benefit of every reasonable doubt. |
He felt he could arrive at decision |
entirely from the evidence. Asked If |
he would like to be tried by a person
who held his views as to the defend
ant in this case, Eoff declared he |
would not.
mo, 1 would not want to be tried |
by anyone who said he had been in
fuenced by what he had read" de-
clared Eoff.
The juror also admitted to some
prejudice against the Western FEEDER
alton of Miners, growing out of the I
Occur d Alene troubles.
The attorneys for the defense chal-
lenged a third time. Judge Wood said
he felt the juror would weigh the
evidence fairly and denied the chal-
lenge.
Eon came to the far west as a lad
of FL and prior to coming to Boise he
had always been an employe of Wells
Fargo & Co., acting as paymaster in
the stage days and agent at various
places. He has participated in many
frontier holdups as defender of his
employers treasurer chests. Eoff is
now 62 years of age, but looks 20 years
younger.
Eoff finally said to Mr.. Richardson
that he felt that he could give the
defendant a fair trial but at the same
time he would be Influenced to a de-
gree by his opinion. Eoff also said he
could not presume the defendant inno-
cent as he entered upon the trial, but
if the evidence warranted he could
acquit.
Got Him 1T Last.
Eoff was then passed for cause, only 7
to be challenged peremptorily by the
defense which used its last arbitrary
challenge against him.
Q. B. Sebern. the first talesman
called to replace Eoff. qualified as the
twelfth Juror. Sebern is So years of
age and farmer. He was born in
Iowa and then moved to Wyoming,
where he was engaged in stock raising.
Sebern has lived in this county less
than two years. He said he had no
strong opinion in the matter one way
or the other. He entertained neither
prejudice nor bias. Asked if he would
care to be tried by man Holding his
views. Sebern said: 81 certainly
would. All would ask would be that
the juror be square and honest
man"
AS soon as Sebern passed into the
box, Judge Wood said: "Mr. Clark,
swear the jury.
Senator Borah interrupted this pro-
cedure to ask permission to file the
names of several additional witnesses
against Haywood. The defense OBJ
jected, declaring the names came too
late The Idaho statutes require, the
4 attorneys stated. that the names of all
witnesses be endorsed on the indict-
ment against a man. Judge Wood de-
cIared the statute provided only the
names of witnesses examined before