Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-06-01
JURY IS NEARLY COMPLETED
only I've Vacancies Left in Panel that
viii Try Haywood
SAFE USES LAST pIREnPrORY CHALLENGE
Defense Has But One Left and ~ IL
Expected the Work wim Ne
Finished This After
noon.

BOISE, Idaho, May S.-There remain
but two vacancies in the jury that will
try William d. Haywood for his life for
alleged participation in the assassination
OF Frank Steunenberg, and there is reason
FOR hoping that they will be filled by to-
morrow afternoon. AS jury selection mar
rows down to final chances interest In the
case is being generated and the contest
grows distinctly sharper. Both sides are
eager and anxious, and they anxiousiy
watch the last talesmen whose names are
drawn from the lottery box on the desk
Of the clerk OF the court.
The state has exhausted its arbitrary
rights as to the personnel OF the jury, but
It used it's tenth peremptory challenge to-
day--and in all probability the defense must
use its final challenge tomorrow. After
that the selection of the twelfth juror must
be left to fateful chance, for the first tales
man who broadly comes within the require
ments Of legal qualification must be chosen.
There may still be dismissals by mutual
agreement, but II is unusual for contend
ing counsel to agree upon the disqualified
tion of q juror.
First Man IL Accepted.
The new special venire Of sixty-one tales
men that presented itself when the trial
was resumed this morning, proved very
fruitful in men qualified 10 act as Jurors.
There were the usual offering OF assorted
excuses, but only five of them moved the
heart of the now stern court. Talesman
]. A Robertson the very first man called
qualified in a canter for the vacancy Gre
ated by the seventeenth peremptory chal-
lenge, and the defense at once challenged
Juror Hermon Cox, the veteran whom 1t
,tried so hard to disqualify on Monday last.
This made the ninth challenge used by
the defense. After three failures. II. F.
Messacar successfully withstood the fire Of
questions from both sides and was ac-
cepted for the place.
Then the court finally dealt with Juror
Tourtellotte, who opposed capital punish
ment and whose manifest disqualification
has been running through the trial for
several days. Judge Wood called the
question up, and first both sides fenced
on it. Finally the state challenged Tour
tellotte and the court excused him. The
! defense reserved a point the matter
because II may prove valuable fghting-
ground on appeal Talesman Nelson Free
land qualified for Tourtellotte's old place,
, but the state did not care to have him on
the jury and fired its last challenge on
him. Senator Borah wanted to pass the
states last challenge temporarily In order
to get other vantage ground before using
IT, but Judge Wood ruled that II passed
IL would be waived and lost.
Here the pay streak OF qualification
pinched out and the vacancy was untitled
when the hour Of adjournment was
reached Alfred E. on. a capitalist, who
is suspected OF disqualification. was caught
in the chair at the last moment before a
-. L.. a. ..
amusement OF the crowd was sent to the
jury house to be carefully locked up for
the night.
AS the court rose Judge Wood signih-
cantly remarked to counsel that the length
OF tomorrow's session would depend upon
the celebrity with which the jury 10 COM
pleted.
Mrs Haywoods wheel chair was today
moved alongside that of the prisoner and
they remained together through both morn
ing and afternoon sessions.