Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-25
ONLY FIVE MORE ARE LEFT.
nj These the State Has But Two
While to the Defendant There
Remains Three.
Roth Sides Pass Juror Who Declared
himself Opposed to Capital Punish
ment Except in Case of Anarchists.

Boise, Idaho, May 2b.--iWo Hioto
,aIesmen qualified as jurors and the
fourteenth and fifteenth peremptory
challenges were expended at the Steuh-
nnberg murder trial this morning. Inc
state has but two peremptory chai-
ienRes left and the defense only three
more, so that the completion of jury
building Is finally in sight. Talesman
Finley Mclean, who qualified to the
satisfaction of the state late yesterday
afternoon, was not long In passing
muster to the satisfaction OF the de-
tense. AS soon as it passed Mclean
the defense challenged Juror John
whitlock of chair and the filling OF
the vacancy created one of the most re-
narkable discussions of the entire jury
on,est. After two talesmen had been
dismissed for bias because OF liked
oninions, j. L. Tourtellotte, architect OF
Roise. was called. Under examlha-
lion by Senator Borah he said that ne
was opposed to capital punishment put
regardless OF this he was passed.
Clarence barrow VINO eAaniin a,
ToiirteIlotte for the defense went d.
Tectly TO the attitude of the talesmah
ON CANAL punishment. Tourtellotte
declared that he could only JUSTIFY cap
ital punishment in time OF War' any
when society must protect llsell
against organizations seeking It's de-
strl,ction, 1t developed that he re-
ferred to anarchists in the latter con-
nection. and Tourtellotte said that ne
was prepared to hang an anarchist on
sight. Other than in war cnd ailaIc i i
society had no right he Thought 10 e |,i
human life, no right 10 take anSlni"S
that 1t could no give.
Da,. refAn
man did not mean the Western Feuer-
alton OF Miners when he feierreu "
organizations that made war on 50
ciety. and after a conference with hls
colleagues suddenly Announces t rs
the defense passed Tourtellotte. Inc
latter clearly disqualified himself Tor
Jury duty by his attitude toward cap
itai punishment It was not clear why
the state passed him. ,,
The state then challenged juror
George II. Mcintyre of seat I ana the
search for n worthy man 10 III '"'
place now proceeds.
at the opening Of the HAYWOOD
trial today Judge Wood granted the
state permission TO indorse the naInes
of several additional witnesses on tne
indictment against the accused nlih-
ers, the defense noting an exception
under a decision of the Idaho supreme
court which held that the filing or
additional witnesses after n trlal mas
begun Is error without preluuiCe'
Atty. Richardson declared that the oe-
Tense had been unable TO locate many
Of the witnesses for the state. anu
had been informed by counsel for the
state that they did not know the ad-
dresses OF many OF their own VII
nesses. II surprises should develop
from the testimony of these INDICATED
Witnesses. Mr.. Richardson said, de-
lay might be looked for.
Finley Mclean, Scotchman by
birth. who was accepted yesterday py
the state, qualified this morning after
y thorough examination by Atty. Oar
row of the defense. He took his place
as juror in seat No. ?.
The defense exercising the seventh
of It's 10 peremptory challenges, ex-
cused John Whitlock, nurseryman, at
No. 6 from further service. Whitlock
was formerly a guard at the peniten-
tiary under Gov. Hunt
The first two talesmen called 10 re-
place Whitlock We're dismissed be-
cause OF bias. and then came one OF
the most interesting examinations or
the trial j. l.. Tourtellotte, an archi-
feet, was called TO tho box. He first
stated that he had an opinion but
It was not such as he would condemn
man upon. Asked IL he was oppos-
ed To capital punishment, Tourtellotte
caused quite a stir by answering:
las a general proposition;I am. L
Inflicted only In cases of war and an
organization which is against society"
Tho defense. when its examination
began. questioned the talesman close
" on this point, Mr.. barrow taking
the initiative.
What do you mean by that state
ment?" he asked.
II believe" replied Tourtellotte, that
the only excuse for iniicting death Is
self-defense. A man has a right To de-
- 10 1.aans to. f1.a
band OF anarchists Is formed to war
against II. ! don't know very much
about anarchists, but II they are what
think they are, believe in hanging
them on sight"
What about Socialists?"
II don't know much about Socialists"
DID you mean any specific orgauiza-
tion when You said an organization
against soclety?"
mo"
Did You mean the Western Fedora
tion Of Miners?'
'or a labor union?"
srchlsts'
You mean newspaper anarchists. I
buppose~Anarohists as described In
newspapers?"
Newspapers are the principal means
We nave or enlightening ourselves" ar
gued the talesman.
You say that you are opposed to
capital punishment In ordinary murder
YES, ! don't believe society has a
right 10 take away from a man that
which II cannot give him. CaDital nun
lshment Is tustifable only in the ex-
IRENE cases have already spoken OF
nave you any thought In yor mind
mat ms defendant may belong to such
an organization as you have said was
against existing society?"
hadn't thought Of It, but I can
tee now that he might"
,Tourtelloite said he had had some
difficulties with labor in the past few
years.
The defense and state oneaslonod
squat surprise by accepting the Juror.
me prosecution was called upon 10
pse the eighth OF It's 10 arbitrary ohal-
enges: II was directed against Geo.
MCINTYRE, farmer, at No. T. MoIn-
nre had been In the box since tho
srst day OF the trial and had been
nnked upon as hxture.
~ r Crow retired farmer. now