The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-05-21
LAWYERS FIGHT
EVERY INCH IN
HAYWOOD CASE
Fencing in Efforts to Gain
Favorable Jury Delays
Proceedings
NEW VENIRE NEEDED
Small Hope Is Entertained
of Filling the Box
This Week
SOCIALISTS AT WAR
Hair Pulling of Editors a
Lively Phase of the
Trial
SOCIALISTS AT WAR
By Oscar King Davis


BOISE, Idaho, May zo.-Today's
work In the selection of the jury that
is to try Haywood for the Steunen-
berg murder makes it practically
certain that there viii have to be an
other adjournment of court for the
summoning of a second special venire
of talesmen. Ninety-three talesmen
have been examined thus far, q Of
whom were members of the regular
panel for this term of court and "a
Of the special panel Of 100, on which
the lawyers are now working. OF this
special panel IS were excused for busi-
ness and other reasons. This leaves
only nine men stIlI awaiting exanina-
tion.
Court adjourned with man pro-
risiOnally accepted by the state for the
sixth place, which had been made va
william McGufRn. But it had been
made clear earlier in the day that the
defense would challenge John Fisher.
whom it had previously questioned as
10 expression Of opinion, but who had
apparently satisfied the lawyers at that
time. Darrow reopened examination
this afternoon and brought out the
most vigorous contest OF the trial when
his challenge for cause was resisted
by Borah. The result Of it all is to
make it doubtful If the jury is COM
pleted this week. Two peremptory
challenges were used today, making
II IN all Nine remain, and when
al are used up the jury can probably
he completed in a day or two.
GOOD HUMoR ABoUNDs
With the exception of the contest
over Fisher, the day was one OF un-
usual joviaIity. The morning session
furnished both sides opportunities for
the continued display OF good humor.
in which the talesmen took part some
times trihe unwilIingly or uncon-
sciously. by way of being "it." Darrow
did the questioning for the defense and
IN his examination OF Fisher gav9 the
cieverest exhibition of deft handling of
delicate situation that has been seen
SO far in the case.
The peculiar phraseology at times re-
auired by the Idaho statutes does not
seem to have appealed TO Darrow and
he has steadily refused to take the
trouble to learn it. For instance. when
a talesman is, challenged for cause the
reason of the challenge must be stated
IN accordance with the language Of the
statute defining the cause. Neither Dar-
row nor Richardson has committed
this language. although Richardson has
learned it for the situation which most
frequently arises.
Darrow's first challenge today was
for what is known in Idaho as actual
bias" Once more he scorned to use
that phrase. we challenge for real
prejudice he said.
NUGENT HELPS DARRow OUT
Nugent, one of the Boise lawyers OF
the defense, sits right behind Darrow
and keeps an eaglelike watch on this
part Of the proceedings. Judge Wood
ltS D6tn very Idl lcA u ~ 44cfA44B lle
ground Of challenge stated in the legal
language every time, in order thai
there may be no error in the record in
case Of appeal whenever Darrow gets
OF his real prejudice challenges
Nugent hops up, with determination in
his face and eagerness in his voice, and
rattles OF the challenge in the proper
form. Then Darrow smiles, the judge
rules and the work goes on
So when Darrow made this challenge
this morning Nugent was promptly on
his feet, exclaIming: We challenge the
juror for actual bias in that he is
pre3udiced against the defendant Will
liam D. Haywood"
Pretty soon Darrow developed an OBJ
5ectionable state of mind in another
talesman- We challenge for cause,
he said this time. Up rose Nugent, de-
termined and eager as ever We
Confined ON PAGE 3, Column