The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-05-15
PROGRESS in
BOISE TRIAL
Work Of Securing a Jury
Advanced.
HAYWOOD IS UNCONcERNED
Talesuan Wriggle to ,Evade the
Service.
Daughter OF Defendant And His lnva-
lid Wife Form An Interesting
Group In The Crowded

Boise, Idaho. May 14.-substantial
progress toward the formation of a
jury In the trial of william d. Hay
wood for the alleged murder of Gov
ernor Frank Steunenberg was made on
this. the third day of the trial
The selection of talesmen halted for
three solid hours over chairs five and
six but once the seats had been filed
progress was very rapid. At adjourn
ment for the day counsel for the de-
Tense had completed the examination
and temporarily passed the tenth tales
man. They had but two more to ex-
anime in chief and reservation to
examine IL they desire to exercise the
right, two of those temporarily passed
today SO with reasonable progress the
twelfth talesman should be passed to-
morrow in time to open the way for
the first peremptory challenge. whose
exercise marks entry for the final stage
OF the formation of the jury.
Counsel for the State still adhere to
the belief that the jury will be COM
pleted by Saturday.
Clarence and Edgar Wilson for the
defense divided the work of examin-
ing the talesmen today and their cues
tons took the same wide range pre-
viously outlined by their associate, Mr.
Richardson, and freely sanctioned by
Judge Fremont Wood.
At very great length e. F. Richard
son. who so far has conducted the ex-
animation, among other things invaria-
bly, goes into the relations of the tales
men under examination with union la
Dor and with what is known as the
citizens alliance, an organization of the
citizens of Boise which is opposed to
union labor. From the answers It
would appear, however. that the citi-
zens alliance is not widely known
The line of questioning invariably goes
into President Roosevelt's Undesirable
citizens" letter and into the speeches
delivered by Secretary Taft at Pocatel-
10 and Boise during the last guberna-
torial election, in which Mr.. Taft sup
ported Governor Gooding and COM
mended his attitude on what was then
known as the "Moyers Haywood. Petit
bone case" .,v-a
Haywood Family In Court.
Haywood, the prisoner and defendant,
Is perhaps the most interesting per-
sonage In the court room. The man
who has of late years been a domi-
nant factor in the Western Federation
of Miners shows less intensity of in
terest In the proceedings than any one
around him.
Upwards of forty newspaper men
from every part of the United States
and representing every policy ana all
poItlcs are here to report case in
which he is the central figure Cam
eras are trained upon him from all
angles. His every more Is thus re-
corded. But except for the little red
haired girl beside him, for his invalid
wife or for his counsel, with now and
then a glance at a juryman, Haywood
SHOWS no sign that he realizes his
Importance or his position. His young
est daughter sits beside him and gem
orally has her arm on the big mans
shoulder. Now then he turns to her
and smiles She seems deIigb+eS a.
the attention and in turn will look ~
her mother, weak and ailing in the bir
invallds chair, and laugh outright
once or twice the tension has haar
renewed by laugh from the Older g,rJ
pretty young woman, who sits he
s the mother. She has frequently
joined In the general Amusement,
CAUSED py some ludicrous remark from
Juryman or facetious thrust of ~
counsel and her laugh rises above ~
supoued cackle of a court house Isugh
Examination OF TaIesmen
The examination of talesmen mo.
umed shortly after 10 O'Clock
Clarence S. Darrow. of ChJcaeo 49,.
up the examination for the defense 70
day' beginning with ]. L. Waeeoner
IN seat NO. 5. He is the man VIII
was complainant in the case aeainst
w. N. Yost, who was recently cbaraaS
with having approached a pronnsod
juror. Mr.. barrow asked WarFonar
about his experience with Yost.
Did you have any opinion as to
which side the man came from-wheth-
err the state or defense?"
Yes. had an opinion" replied
Waggoner.
I'D The try to influence your op-
inion in this case?'
Il don't know"
But you swore he did in your am
davit against the man"
The complaint e. was drawn up and
been affected by all you have heard
and done In this case?" asked Mr.. Oar
row.
Il guess T. has" PEELED Waggoner.
He was finally excused by consent and
]. w. Smeed, a liveryman, wass called
to occupy the vacant seat.
Smeed was questioned first by Mr..
Hawley, for the state. He said he had
heard the case discussed, but not to any
great extent.
Have you formed an opinion?" ask
ed Mr.. Hawley.
II have thought about the case
about the probable outcome-but I
can't say I have any definite opinion.
I believe that IL the defendant Is gull
ty, he ought to be punished. and If he
is not guilty, he ought to be turned
loose"
He claimed to have a strong preju-
dice against circumstantial evidence
and this called forth a challenge from
the state.
wv edeny the challenge" quickly in
terposed three OF the attorneys for the
defense in unison.
Judge Wood interogated the tales
men.
''Do you mean to say that If the
court instructed that circumstantial
evidence was proper evidence. you
would not take the ruling of the
court?"
Not altogether" replied Smeed.
II the evidence was all circumstan-
tal the talesman declared he would
not convict a man of murder.
The prosecution renewed its chal-
lenge IN the ground of bias.
I'VE will state in advance" said Mr..
Hawley, that our evidence Will be
Iar1alv circumstantfal in this case