Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-03
DEFENDANT MUCH BETTER
Challenge Against Last Juror Denied
by Judge.
EXAMINATION BY DEFENSE
Remarks by the Court-Jurymen
Sworn in Promptly-Long Wait
Now Over.

BOISE, Idaho. June AFTER good
nights rest, William ID. Haywood, the sec
rotary and treasurer of the Western Fed
Grafton of Miners, was apparently com
pletely restored this morning and expressed
himself as feeling first rate" Haywood
was out for his regular exercise on the
lawns around the Jail.
The case against Haywood. charged with
the murder of former Gov. Steunenberg.
: was recommended at IL o'clock this morn
Ing after an intermssion caused by the Ill
ness Of Haywood. who, it was announced
Saturday. was not in condition to attend
. court The opening of court this morning
was delayed until IL O'Clock in order to
allow Judge Fremont Wood to attend to
some important matters pending in the dis
trict court and to give the talesmen in at
tendance an opportunity to return from
their homes. where many of them went over
Sunday.
Alfred Eoff was challenged for implied
bias by the defense. The state denied the
challenge. and the court overruled. The
defense challenged for actual bias and the
examination proceeded.
EOT qualified under examination under
the challenge for actual bias.
When Judge Wood took his seat upon the
bench the defendant was in his accustomed
place. but not one of his attorneys actively
participating in the case was present. There
a wait of several minutes. The infer
enCe was that the attorneys had been en-
gagged in conference of more or less i'm
portanCe.
Three Talesmen Excused.
Judge Wood excused three talesmen on
account of illness, and then the states at
torney took up the examination of Alfred
Eoff. retired cashier of the Boise City Ma
tional Bank. who had been called as a pos
sible juror at No. @. Questioned by Senator
Borah for the state Mr. Eoff stated that
from what he had learned and read of the
case he had formed something of an opn-
ion. but il was not so strong that he could
not lay ii aside upon taking his oath as a
juror
Il would be Influenced from what have
heard and read" said Eoff, but at the same
time. If the evidence adduCed is contrary to
any opinion | may have. / would be guided
entirely by the evidence. l want to be per-
fectly frank about the matter 1 would take
the law from the court
Attorney Richardson. for the defense
challenged the juror for implied bias on the
strength of his opinion.
Judge Denied the Challenge.
The challenge was overruled. Richardson
then challenged the ground of actual
bias. in that the juror could not act with
absolute imp: rtiality. Questioned under
this challenge, Eoff said he undoubtedly
would take an opinion into the jury box
but he had no prejudice or bias in the mat
ter Judge Wood again denied the chal-
lenge.
Attorney Richardson examined the pro-
posed juror further Eof repeated that he
had no prejudice or bias. and said he would
give the defendant the benefit of every rea-
sonabIe doubt
He felt he could arrive at a decision en-
tirely from the evidence. Asked if he would
Ike to be tried by person who held his
views as to the defendant in this case
Eoff declared he would not
L would not want to be tried by any
one who admitted he had been Influenced
by what he had read" declared Eofr The
against the Western Federation of Miners
growing out of the Occur d'Alene troubles
The attorneys for the defense challenged
third time.
Judge Wood said he felt the juror would
weigh the evidence fairly and denied the
challenge. Eoff came to the far west as a
lad OF twenty-one, and prior TO coming to
Boise he had always been an employe Of
Wells. Fargo * Company, acting as pay
master in the stage days and agent at
many frontier hold-ups as defender of his
employers treasure chests. Eoff Is now
siXty-two years OF age bat looks younger.
Eon finally said to Mr., Richardson that
he felt that he could give the defendant
II fdlr trial, but at the same time he wouId
be influenced TO a degree by his opinion,
Eoh also said he could not presume the de
PENDANT innocent as he entered upon the
tFIaI but II the evidence warranted he could
acQUit him.
TEereupon the defense challenged fourth
time and Judge Wood overruled it, Eoff
was thcn passed for challenge only TO be
challenged peremptorily by the defense
which used its last arbitrary challenge
against him
o. V. Seburn. a farmer residing near
Boise, was passed by both sides for cause
anu the jury box was filled at 1870 pm