Los Angeles herald., 1907-05-26
JUROR OPPOSED
TO TAKING LIFE
DOESN'T BELIEVE IN CAPITAL
PUNISHMENT
Defense In Haywood Case, as Well as
the Prosecution, Pass Talesman.
Latter Qualities Statement
of His Views
By Associated Press.

BY Associated Press.
BOISE, Idaho, May 25.-The unusual
spectacle of accepting a juror opposed
to capital punishment, except as an
extreme measure for the protection of
society against war and anarchy, and
pleading his own disqualification, came
today,in the Steunenberg murder trial
and his retention after he had clearly
showed that he was disqualified raises
question as to the regularity of the
proceedings.
j. L. Tourtellotte, an architect Of
Boise, is the Juror and his retention
seemed to be clearly due to willing
ness of both sides to gamble on his
views when the jury reaches the SUI
preme solution of the case, the state
on the hope that it can meet his ideas
as to anarchy, the defense on his oppo-
sition to the death penalty.
Mr.. Tourtellotte came with the rest
of the talesmen early in the day and
his direct examination by Senator
Borah developed in a mild form his
scruple against the infliction of the
death penalty in ordinary murder
cases. His acceptance by the state was
a surprise that was within few min
utes intensified by the views brought
forth by questions propounded by
Clarence Darrow of the defSnse.
Opposes Capital Punishment
Tourtellotte swore that he was op-
posed to capital punishment except III
time of war and when society must de-
fend itself against organizations seek
ing to destroy 1t. He declared that So
ciety had no right to take from man
anything that it could mot give, but
anarchists. If they were the kind or
men he thought they were, ne would
hang them on sight.
The defense seemed under the I'M
preston that Senator Borah was not
in earnest, and probably on that theory
passed him, too.
Counsel for the state said privately
after adjournment that the incident
could not constitute error in the case,
and that there existed no means where
by either side could in future plead 1t.
1t is thought probable that when 1t
comes time to swear the jury Tour
telIotte will refuse the oath and compel
the court to excuse him from serving.
Three TaIesmen Pass
Both sides found a pay streak of
qualification in the second section OF
the special venire, and besides Tour
telotte two other talesmen quallned'
They are Finley Mclean, whose ex-
animation was in progress at adjourn
ment last night, and e. F. Crow,
retired farmer, who now lends little
money for living.
Mr.. Grow was almost Immediately
challenged by the defense, but his ap-
pearance, however brief, lifted the case
and challenge forward. The defense
also challenged Juror John Whitlock
today and the state challenged Juror
George Mcintyre.
The vacancy created by the six
teenth challenge is still untitled, there
are four challenges unexpended and
there are twelve talesmen Of the sec
ond special venire left unexamined,
The pay streak ran out before the day
was over and unless there is mighty
good luck with the little squad Of un-
used talesmen there will have to be
another adjournment some time on
Monday and third special venire.
The court continues to stiffen against
the release. of talesmen on excuses
light and frivolous. Today Judge Wood
took a hand in the examination of
every talesman and made sure OF the
existence of disqualification before ac-
ceding to 1t.