The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-28
CASE GOES OVER
FOR THREE DAYS
Second Venire in Haywood
. Trial Exhausted; Thursday
Is Decoration Day.
COURT SITS AGAIN FRIDAY
THREE PEREMPTPORY CHAL-
LENGES REMAIN.

Boise, Ida, May 27.-The Steunen-
berg murder trial has again been in
terrupted by the exhaustion of the jury
panel. The last man of the second spe-
cial venire disqualified carly this after
noon and Judge Fremont Wood post
poned the trial until Friday morning,
when Sheriff Shad Hodgn is to pro-
duce another special venire of sixty
one men. The odd number was jocu-
=, larly asked for by the defense in the
hope of changing the luck that has
logged the even numbers used.
The work of jury filling is stopped at
the vacancy created by the seven
teenth peremptory challenge, so that
there remain three more peremptory
challenges. Besides that, there is a
chance that Juror Tourtellotte, who OBJ
jected to the infection of the death
penalty save in war or anarchy, will
be excused when it comes time to final
" swear the jury, and Juror A. p.
Burnes is suffering from lumbago.
These circumstances leave the date OF
the completion of the jury in doubt.
They may accomplish the trick by Sat
Urday night and clear the decks for
the actual action of the trial on Mon
day morning. and then again the jury
NAV not be completed until some time
next week.
Laboring Men Excluded.
Prior to the issuance of the new
Venire Z. F. Richardson, for the de-
Tense, strongly Intimated that the pre-
Yious lists had been made up in man
ner unfair for the prisoner. He said
that of the 5000 citizens available for
jury duty fully 1000 were members of
labor unions One hundred and sixty
talesmen had been before the court,
vet only one of the number was mem
Ter of a labor union. end only two 9TH
ers were working men. He said that
there were only fifty or sixty bankers
in the county, yet nine of them had
been found in the lists. He said that
the figures made another singular CO.
incidence, and protested against the
taIesmen being drawn from the farmer
and mercantile classes, rather than
from the main body of citizens.
Judge Wood, in reply, said that he
had absolute confidence in Sheriff
Hodgin. and that he would make no
suggestion to him as to the manner in
which he made up his lists.
Scruples against capital punishment
and prejudice against the acceptance
Of circumstantial evidence, rather than
opinion that gave bias, were the Stun
bling blocks of the talesmen examined
today Man after man averred that he
was against taking human life under
any circumstances, and they all sue
cessfully resisted attempts to show
that the belief had been recently or
conveniently advanced.
Fight over Juror Cox.
There was a long and at times pic
turesque fight over the qualification of
Juror Harmon Cox. veteran who
gave up carpentering to fight three and
one-half years in the civil war then
joined the gold Tushes of the late'60s,
and then farmed for thirty years. The
defense claimed that Juror Cox did
not have sufficient mental qualifica-
lions to sit in so grave case. and tried
for nearly two hours to disqualify him.
The juror got on dangerous ground
several times, but wherever the exam
ination led, and however bad things got
mixed up, he always went back to the
simple narration that he did not have
an opinion, that he was without bias,
and that he would give the prisoner a
fair trial. Throughout the examination
there was a running fire, amusing and
serious by turns, by Clarence barrow
and Senator Borah, and the former al
ternately demanded and pleaded for
the removal of the juror. Once the
Juror said that he would be guided by
took that back and. falling back in his
old declaration, kept his place.
TourteiIotte's Scruples.
Juror Tourtellotte made another pro-
test against his retention on the jury.
He said that he had various doubts
about his ability 20 take the oath, that
he thought both sides were foolish to
hold him OH the jury. and asked that
he be given chance TO explain and
qualify one of his answers given on
direct examination. Judge Wood put
him off until Friday, when some action
will probably be taken as TO his pres
ence on the jury.
Only a cOrporal's guard of specta-
tors came TO the trial today. The pris-
oner was again an active member OF
the constant conference at the defense S
table. His wife and youngest daugh-
Ter sat with him at the afternoon ses-
sion.