The Birmingham age-herald., 1907-05-15
Counsel Confident Box Will Be
 Filled Saturday
SUBSTANTIAL PROGRESS MADE
Twelfth TaIesman Expected to Be Passed Today-Then Peremptory ChaIIenges-Questions
 Take Wide Range.

Boise Idaho, May 14-Substantial prog ress toward the formation of a jury in the trial of William D. Haywood for the alleged murder of Frank Steunenberg, was made on this, the third day of the trial The selection of talesmen halted Tor three solid hours over chairs five and six, but once the seats had been filled progress was very rapid At adjourn ment for the day counsel for the defense had completed the examination and tenn porarily passed the tenth talesman.
 They had but two more to examine in chief and a reservation to examine if they desire to exercise their right, two of those temporarily passed today, so with reasonable progress the twelfth tales man should be passed tomorrow in time to open the way for the first peremptory challenge, whose exercise marks entry of the final stage of the formation of the jury. Counsel for the state still adhere to the belief that the jury will be completed by Saturday.
 Darrow and Edgar Wilson for the de- fense, divided the work of examining the talesmen today. and their questions took the same wide range previously outlined by their associate, MT. Richardson and freely sanctioned by Judge Fremont Wood.
 At very great length E. F. Richardson, who so far has conducted the exam nation among other things invariably goes into the relations of the talesmen xxift, Ia nd with what is known as the Citizens al- liance, an organization of the citizens of Boise, which is opposed to union labor. From the answers 1t would appear, how ever, that the Citizens alliance Is not widely known. The line of questioning invariably goes into President Roosevelt's ''undesirable citizens letter and into the speeches delivered by Secretary Taft at Pocatello and Boise, during the guberna- torial election, in which MT. Taft sup ported Governor Gooding and commended as the Mover, Haywood, Pettibone case"
 Interesting Prisoner.
 Haywood, the prisoner defendant, is per- haps the most interesting parsonage in the court room. The man who has of late years been a dominant factor in the Western Federation of Miners, shows less intensity of interest in the proceed ings than anyone around him. Upwards of forty newspaper men from every part of the United States and advocating every policy and politics, are here to re- port case in which he is the central figure. Cameras are trained on him from all angles. His every move is thus re- corded, but except for the little red haired child beside him, for his invalid wife. oI for his counsel with now and then glance at juryman, Haywood shows no sign that he realizes his im- portance or his position. His youngest daughter sits beside him and generally has her arm on the big mans shoulder. Now and then he turns to her and smiles.
 She seems delighted at the attention and in turn will look at her mother, weak and ailing, in the big invalid chair, and laugh outright. Once or twice the tension has been relieved by a laugh from the older girl, a pretty young woman who sits beside her mother. She has ire quently joined in the general amusement caused by some ludicrous remark from a juryman or facetious thrust of the counsel and her laugh rises above the subdued cackle of a court house laugh.
 Examination Begins.
 The examination of talesmen was re- sumed shortly after 10 o'clock Clarence s. Darrow, of Chicago, took up the ex- animation for the defense today, begin ming with J. l.. Waggoner, in seat No. 5. He is the man who was complainant in the case against w. N. Yost, who was recently charged with having approached a proposed juror MT. Darrow asked Wag- goner about his experience with Yost.
 Did you have any opinion as to which side the man came from, whether the state or defense?"
 "Yes, I had an opinion." replied Wag- goner.
 Did he try to influence your opinion this case?"
 ''I don't know"
 But you swore he did in your affidavit against the man."
 'The complaint was drawn up and I swore to it.''
 "Now, then, hasn't your judgment been affected by all you have heard and done in this case?" asked MT. Darrow.
 'T guess it has," replied Waggoner.
 He was finally excused by consent and J. w. Smeed, a 1iveryman, was called to occupy the vacant seat.
 Smeed was questioned first by Mr. Flaw ley for the state. He said he had heard the case discussed, but not to any great extent.
 Have you formed an opinion?" asked MT. Hawley.
 'I have thought about the case-about the probable outcome; but I can't say have any definite opinion. I believe that if the defendant is guilty he ought to be punished and if he is not guilty he ought to be turned loose.'
 Strong Prejudice.
 He claimed to have a strong prejudice against circumstantial evidence and this called forth a challenge from the state.
 We deny the challenge" quickly in- terposed three of the attorneys for the defense in unison.
 Judge Wood interrogated the talesman.
 Do you mean to say that if the court instructed you that circumstantial evil dence was proper evidence you would not take the ruling of the court?
 Not altogether" replied Smeed.
 If the evidence was all circumstantial the talesman declared he would not con- vict a man of murder.
 The prosecution renewed its challenge on the ground of bias.
 we will state in advance, said MT. Hawley, that our evidence will be large ly circumstantial This juror has ad- mitted he can not act with impartiality."