Arizona republican., 1907-05-17
THE GATHERING OF THE JURY.


Bullard were directed only to two
main facts. whether the talesman had
conscientious scruples against the in
Fiction of the death penalty and
whether he would be willing to find
on cireumstantiaf evidence defendant
guilty of crime the punishment for
which might be capital. The defense
objected to the latter question but the
objection was overruled and seven of
the talesmen went out for cause under
il.
The examination by the defense was
more rigid. The members of the ven
ire were asked i'll the first place if they
were members of the order of Eagles to
which Leicht had belonged. whether
they had formed an, opinion regarding
the guilt or innocence Of the accused
and how they had been informed. if
they had been informed. regarding the
circumstances OF the case. To the
latter question all of them said that
they had read about ii in the papers
and most OF them more definitely said
that they had read about it in The Re
publican. Judge Baker on this point
more particularly inquired if the tales
men had read that particular article
in The Republican, "The End Of the
Chase" printed Immediately after the
apture of Eytinge.
Many of the venire fell before the
rigid questioning which always ended
with the interrogatory whether the
talesman, II he were on trial for his
life would be tried by jury of men
in the same frame of mind toward him
that he now was in toward the de-
fendant. Another question to which
the territory strongly objected was
whether the talesman, if he were con-
vinced of the innocence of the accused
Would maintain that belief and vote
accordingly though the other members
OF the jury might te opposed TO him.
AS soon as a member of the venire
was excused for cause his place was
filled. When the original number had
been passed or excused the examina-
tion was begun of the substitutes. Al
half past four O'Clock twenty-nine
members had been passed for cause
and u recess was taken to permit the
else the peremptory challenges. seven
for the territory and ten for the de-
fense. The jury was made up shortly
before five o'clock
The great interest which is felt in
the Eytinge case was attested by the
great audience which filled the court
room. The crime with which he is
charged was unusual in all of its as
poets. There is hardly record of its
counter part in criminal history. The
circumstances as they are put forth
both by the prosecution and by the de-
fendant are without precedent.
The defendant himself is most un
usual person. Highly educated and
with fine literary training; of a distin-
guished family. almost from his youth
he has followed a career of what So
ciety calls crime but what he calls
an exciting game, not inconsistent with
a life of uprightness. But in his view
the game may not be pursued to the
extent of murder; at that point it be-
comes a crime and unworthy of the
trJe gamester. he is a self-confessed
and expert forger and that fact was
brought before the taiesmen yesterday
by the defense in the question whether
his record as a forger would influence
them in determining whether he had
been guilty OF murder.
Eytinge sat with his attorneys in the
space within the bar nearest the jury
box and directly in front of the wit
ness stand. He closely observed all
the members of The venire and made
notes of their answers to the questions
put to :nem by both sides. Now and
then he surveyed the audience with
apparent curiosity rather than with
interest. In the light of the court room
he looked more worn by disease than
he had seemed in the semi-darkness
Of his cell. Now and then he gave way
to bodily weakness and passed his hand
wearily over his face.
At the close of the day he said his
only apprehension was that his
strength might give way before the
close Of the trial. He was attended
later in the Jail by the physician who
said last night that there had been no
change in his condition.
There were not many women present
on the opening day but the compara-
lively few followed the rather uninter-
4s,,1r oil