The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-12-03
JURY PASSED FOR
CAUSE BY STATE
Defense Now Examining Tales.
men Summoned to Act as
Jurors in PettibOne Case.
PANEL MAY SOON BE FILLED
EDGAR WILSON PUTTING CUES
TIoNS FOR DEFENSE.

Boise. Ida, Dec. 2-when the trial
of George A. Pettibone. charged with
completely in the assassination of ex-
Governor Steunenberg, was resumed in
the district court today, 100 talesmen
were in the lobby. Fifteen of these
presented statutory excuses for ex-
emption from jury duty and were dis
charged by Judge Wood. A. p. Tillot-
son, the first talesman examined.
stated that he had no unqualified Opin-
ion as TO Petitioners guiIt OF innocence,
that he vas not opposed to capital
punishment, and could act fairly IL Sc
lected as a juror. He was accepted by
the state. f. S. SenseiRg was excused
after he had testified that he had a de-
cided and fixed opinion which he could
not lay aside.
Passed for Cause.
Michael HoHey. a member of the reg
ular venire, testified that he had no
opinion formed and was passed by the
state, making the ninth passed for
cause by the prosecution. Charles
Stewart bank teller, stated he had an
unqualified opinion, which would in
fluence him I'm the trial, and he was
excused. the defense Concurring i'm the
states challenge. Frank J. Cove was
and said he knew little about the case.
He answered all questions satisfactory
~ and the state accepted him. William
Howell. a sheep ranchman, was also
passed by the stale for cause. He said
the was som ewhat opposed to ciTcum-
stantial evidence. but would be willing
to find verdict of guilty if the evil
dence was conclusive. With the ac-
ceptance of T. A. Brown the jury was
Hx-f he
Examined by Defense.
Edgar Wilson conducted the exam
inatiOn of jurors for the defense. and
he first questioned Michael Malley.
That juror was asked to his attitude
toward organized labor, his political
and religious belief and his understand
ing of the law on reasonable doubt.
HALEY said he had an opinion as to
Haywoods guilt gained from reading
Harry Orchards testimony, but that
this did not apply to Pettibone. Wilson
questioned him very closely, but HALEY
insisted he was not prejudiced and
could lay aside hiss opinion. He was
passed by the defense for cause and
court adjourned until . O'Clock.
Witnesses to Be Produced.
At the afternoon session the defense
A. Hofflinger, an inmate of the Idaho
state soldiers home. but the juror in
sisted that his mind was free from bias
and that he had never expressed him
self as to the guilt or innocence of the
defendant. He was challenged and the
defense was given permission to bring
witnesses into court to show that
Hofflinger had asserted his opinion Of
Pettibone's guilt. Joseph Kinkaid was
passed for cause by the defense.
The defense accepted T. A. Brown
after brief questioning, and took up
the examination of NJ H. Goodwin. A
challenge was entered by the defense
and opposed by the state, but Judge
Wood excused the juror, and c. H
Smeed, a Boise Hveryman, was called
He answered all questions to the salts
faction of both sides and was accepted
Must Use a Challenge.
The challenge against Hoflinger was
again taken up. and the defense pro-
duced witnesses in support of its con-
tention that he had expressed an Opin-
ion on the case. Judge Wood denied
the challenge and HOfflinger will re-
main in the jury box unless excused
peremptOrily.