Montana news. [volume] (Lewistown, Mont.) 1904-191?, 1907-05-30
Jury of
His Peers
Twelve Hundred Union Men in the
County and Only One Union
Man on Jury

uOu-pius tue JuIors Ile oat PouuciihB
for several seconds and finally said
he had never thought about the matter
in that light, but could see how pos
sibly his social idea might apply here.
To the astonishment Of everyone Bo-
rah accepted the juror. The defense
promptly accepted him. After lunch
Mr.. Tourtelotte rose and addressed
the court and said he could not con-
scientiously take the oath of a juror
because even though convicted Of the
death Of a man he could not vote for
conviction where there was a death
penalty, except in the two instances
he had already suecifed.
The Judge asked him few questions
and then asked Senator Borah under
what conditions he accepted the juror
as opposed to the statute. Borah then
explained that the state expected to
prove that the Western Federation Of
Miners is an organization whose aim
/ 10 W tht NAiehfhk 'S'" "
government by violent means.
The defense signified their willing
ness to accept these conditions, and
! the juror was retained.
There is a remarkable significance
in the relation this juror holds to the
case. There is no hope of getting his
consent to conviction on the ground of
an individual tried for an ordinary
murder case. The state must make
good its case of conspiracy against
government on the part of a large or
ganization in order to succeed in get
: ting a verdict against Haywood.
The socialist almost spuI at the
task which these eaPPrtaliP lawyers,
holding ordinary unscientifc, capitalist
opinions in regard TO the social pro
cess and social changes, have taken
upon themselves.
To prove a union an insurreetionary
organization! Yes, but this is so
cialist union-that is it has endorsed
socialism as a working class program.
Well, then, the task is to prove So
eialism insurrectionary and an unlaw-
full political belief.
This can only be done by proving a
large number of deeds of violence,
with organization and authority behind
them, and this is very different is
sue from simply proving Haywood the
murderer Of Governor Steunenberg.
The defense accepted the challenge.
We shall now see how much the pro-
secution knows about economic organ
izations.
They wish to prove that the Western
Federation is an outlaw band of or
ganized murderers, as the mine owners
succeeded in making the public think
about the Mollie Maguires
If this can be done in this day and
age, labor has yet much ahead of it
to strengthen itself as an economic
ages labor has yet much ahead Of it
to strengthen itself as an economic
factor. More clearly than ever viii
il be proved to the world that labor
must become power politically to
protect its own interests.
Darrow is making his points in
court by his superior understanding
of human nature. Hawley has objected
over and over again to his methods
to his low and easy voice, his indo-
lent way of hanging over chair;
Hawley has even appealed to the judge
to make Darrow change his ways. But
the judge very wisely recognizes that
this is not his province; and Darrow
goes right along in the same old easy
way, and the jurymen smile into his
eyes when he talks to them and get
down nearer to the heart of things,
and away from the cold tigerish at
tacks Of the prosecution.
Great prejudice is shown to exist
against voting the death penalty on
circumcstantisl evidence, and the care
with which the prosecution examines
on this point goes to show that 1t is
generally understood that the evidence
relied upon 10 convict Haywood is
purely circumstantial.
Boise, Idaho, May "a.
Court adjourned to-day after ex-
hausting the second special panel; $50
men examined in all The prosecution
still has one more peremptory and the
defense two. There Is one accepted
juryman who claims he cannot take
the oath and one man whose health is
so uncertain as to possibly call for a