The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-05-18

torney is present, call his attention to
several articles In this morning paper
one reporting the details of the visit OF
the newspaper men to the penitentiary.
two others signed by two correspond
ents and giving their opinion on Orr
chard, and another purporting to have
been sent out by the Associated Press.
"Tf, after careful examination. with
out fear or favor, he concludes that
an attempt has been made in any way
to influence jurors, he will take such
action as the law seems to Justify.
have every, confidence In the prosecut-
ing attorney.
Orchard Incident Ended.
This ended the Orchard incident for
the time being and the confined jury
panel was ordered into court The fifty
Talesman Frank e. Madden, who
took the place of Allen Pride. chal-
lenged by the defense yesterday. said
that he had formed and had expressed
an opinion and wnt out for implied
bias.
Matt Oliver, former sheriff of Ada
County, was the next talesman called
and after a brief examination, the State
passed him for cause The defense
challenged and the State consented to
the next talesman called. He was a
farmer. Williams said he would not
convict on circumstantial evidence alone
and a challenge from the State was
allowed.
Reilly Atkinson, a young man, called
next, said he was 'prejudiced both
ways He was excused.
George Gribble, a farmer was ex-
amined at great length. Asked what
his politics were, he said: They are
kind of mixed. have been a Populist,
Democrat and Republican. 2"
Ever been a Socialism" he was
asked.
81 don't know that have" was the
reply
Gibbles examination had not been
completed when the noon recess until
2 p. m. was ordered. Gribble. after re-
cess. declared he had an opinion, but
believed he could lay 1t aside IL sworn
as juror. Gribbie said he was once
miner and had been a member of the
Knights OF Labor. He was challenged
by the State on account of his opinion,
but on resistance by the defense, the
challenge was withdrawn. Gribble
finally was passed by both sides, and
the jury box was again full.
Before the third peremptory chal-
lengt was exercised, Judge Wood drew
attention to law passed recently by
the Legislature. giving the State ten
peremptory challenges instead of five
as was the former practice. The court
desired to hear the argument as to
whether the statute applied to the Hay
wood case. The defense announced that
they had a brief on the question and
the court ordered argument on the point
to proceed at once.
Council Clash Again,
The arguments soon led to another
clash between attorneys.
Mr.. Hawley said the authorities all
held that laws which simply affect
procedure are applicable where the
crime was committed before the en-
aetment of the statute. Mr.. Richard
son for the defense admitted the weight
of authorities was as Mr.. Hawley stat
ed, but claimed that the law approved
March 8, 1907. was unquestionably
passed to meet the emergency of the
Meyer, Haywood and Pettibone cases
Giving the prosecution ten instead OF
five peremptory challenges.
Judge Wood declared he would not
assume for a moment that the Legis-
lature had anything but proper mo-
tives in passing the law. He conclud-
ed by holding that the law applied to
the case on trial and the prosecution
would be allowed ten challenges. The
defense noted an exception. The chai-
lenges being with the prosecution. A
l.. Ewing. a farmer who had occupied
the foremans seat since the first day.
was excused Ewing when first ex-
amined as to the effect of President
Roosevelt's Undesirable citizens" let
ter, said his sympathy was always with
the under dog
Thomas B. Cess, a real estate agent.
was recalled to replace Ewing. He
said he was originally from Missouri
and a Democrat He had formed no
opinion and had no prejudice and had
not seen today's papers. He was ac-
copied by both sides.
The defense used it's second per-
emptory challenge against w. w.
Bisby. a real estate and fire insur-
ance broker at seat No. 10. Two
men called to replace him had fxed
opinions and were excused.
John Fisher. a rancher. said he had
some prejudice against circumstantial
evidence but IL it were given color
by direct evidence he would consider
it,
Fisher was accepted by both sides
as Juror No. 10
TIE pros ecution then peremptorily
challenged Joel Matthews. farmer, at
day afternoon.
Amos Bosser, "a rancher and a DEM
ocrat, was excused because of a fixed
opinion
Isaac Bedell, a farmer. was called
to seat No. and passed by the State
and court adjourned until 10 a. m. to-