The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-05-24
DAY IS DRAWING
NEAR FOR TESTI-
MONY IN CASE
One.third of New Venire Used With.
out Another Juror Being Seated.
Publicity Of Trial Making
Task More Difficult
Daily

BOISE, Idaho, May 23.-The net re.
suits of this, the tenth day OF the Hay
wood trial. were the partial wedding
out of the talesmen of the second spe-
cial venire entitled to statutory ex-
emption and the partial qualification OF
one juror The examination of the
new venire has not proceeded very far
but 1t shows that the reaction, of inter-
est in the Steunenb. = murder and the
re discussion of the facts established
and disputed, is. by natural process,
disqualifying many citizens for jury
service in the case and indicates that
the publicity given to examination of
talesmen has widely increased popular
knowledge as to the means of artisti-
cally avoiding jury service in the case.
The sixty men of the second special
venire presented themselves as Judge
Wood ascended the bench at . o'clock
this afternoon. and. when II was an
nounced that the court would hear eX-
cuses. twenty three of the sixty march
ed forward. Judge Wood said that he
would accept only those excuses which
clearly came within the statute and
when he made good his announcement
the band of petitioners melted very
quickly. Five petitions We're fatty de-
MED, nine were temporarily denied, six
were granted. The other three petit
TONERS did not bother to present their
excuses.
Then began the attempt to fiji seat
No. 9, made vacant by the release of
Juror Orric Cole on account of Illness.
The first Ave talesmen had opinions
that would require evidence to change
one of them said his opinion would
last regardless of the evidence-and
they all went down on challenges from
the state.
Early in the examination Clarence
barrow for the defense, asserted that
James II. Hawley for the state was
seeking to lead talesmen up to quail
fcation by improper questioning. Judge
Wood overruled his objection but he
continued to address the court. Mr..
Hawley bristled and for a few mo-
ments there was a promise of a scrim-
mage. But the court checked the In
cipient row and the examination went
on. Next the clerk successfully drew
the names of four taIesmen whose petit
tons for excuse had just been tcmpo-
rariiy denied in order to give !. m
time To get cerllcllaleS from pIiy SiCAs hS
as to the illness of themselves or their
wives, and 1t was agreed that they
should all be passed until the court
finally decides on their applications.
watch that old wheel repeat
whispered a man outside the gate as
the name of the fourth sick man was
called.
The tenth and last talesman called
was Henry Curtis. n farmer. and he
gave every indication of qualifying.
senator Borah led him over long eX-
animation that showed him to be free
from opinion or bias, and to be quite
OPEN minded. Just as the state passed
him for cause and he went to the hands
of the defense for examination, the
trial was adjourned until $3.50 tomor-
row morning.
What amounts to roughly one-third
of the new venire was exhausted this
afternoon and some of the men who
are watching the trial believe that this
venire will not fill the one certain and
nine or ten prospective vacs rcies in the
Jury. After talesman has been quail
fed for Mr.. Coles place the state will
use it's seventh peremptory challenge.
which will be the thirteenth challenge
oIt of the twenty allotted.
Between talesmen and spectators the
court room was filled this afternoon.
Included in the number were many wit
nesses who continue to arrive here as
the date of the taking of testimony
draws near. Mrs. Haywood and her
daughters sat with the prisoner all af-
ternoon.