Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-15
MAY COMPLETE JURY
Result in Doubt Because of
Curious System.
WIDE LATITUDE ALLOWED
Counsel Probe Deep Into the Minds
Of the Talesmen.
MURPHY A PATHETIC FIGURE
he is Dying Of Consumption, But
Watches the Proceedings With
Deep Interest.
MURPHY A PATHETIC FIGURE

the box who have been passed for causo
oS Doth the prosecution and defense, the
'riai OF William D. Haywood, secretary
and treasurer Of the Western, Federation
OF Miners, charged with the murder of
former Gov. Frank Steunenberg OF Idaho.
opens this morning at 10 o'clock for the
fourth day. The morning session will be
taken up with the qualification of the two
men necessary before the work of exarnina-
ton preliminary to peremptory challenging
begins. 1t is thought probable that the
box will be filled during the morning ses-
Sion, but as a matter of fact It ia not
likely that more than two or three of the
present occupants will be retained by both
sides as jurymen. This means that the
monotonous work of questioning talesmen
wiz nave 10 be continued for some days.
Counsel on both sides profess to be conf
oent that a jury will have been secured
before adjournment next Saturday. but
necessarily this is entirely speculative, as
1t Is impossible to say to what extent the
remaining talesmen will be able to qualify.
The scope Of the questions seems to In
Allowed Latitude.
Notwithstanding this there is not the
slightest evidence of a desire on the mart
Of Judge Fremont Wood to curtail the
latitude Of either side. He consistently
carried out the statement he made at the
opening of the case, that he proposed ito
give to both sides the widest latitude in
their examinations.
Counsel for the defense and prosecution
In this celebrated case admitted to the
Associated Press this morning that the
chances for retaining more than three OF
four of the talesmen SO far examined and
passed for cause, was extremely small. In
fact. one of the counsel says that at the
outside he expects not mere than three OF
the present occupants Of the box to pass
the peremptory challenge. Under the rules
Of practice In the Idaho courts when a
seat is vacated the seat is filed by~a
talesman who has not been examined for
cause. or he must fully qualify before the
next seat in the box is reached.
Small Interest in Boise.
Under the circumstances 1t is remark Ible
to find that interest in the proceedings in
this one Of the most remarkable cases ever
tried In this country, SO far as Boise is
concerned does not increase. The attend
ance in the court room Tuesday was even
smaller than that of Monday. Because of
the presence OF about seventy or eighty
talesmen the room. which seats about 25O
persons, Is comfortably filled, but SO far
there has always been room for one more,
except for few hours on the opening day,
when the standing room only" sign was
hung out and the doors were closed to new
corners until seat was vacated.
Haywood's Deep Interest.
Haywood, the defendant, the first of the
four men charged with the murder to- be
placed on trial, takes a keen interest in the
work OF selecting the jury. He sits within
six feet Of the chair occupied by Juror No.
and Immediately behind Mr.. Richardson,
who acts as leading counsel In the case.
Haywood makes suggestions and converses
earnestly with Mr.. Richardson, Mr. Darrow
or other counsel who may address him.
His youngest daughter, who sits in the
chair to his right and between him and his
wife, who every morning and afternoon Is
wheeled into the court room In an invalid
chair, Is constant in her call for attention
from her father. If he consults too long
with the attorneys she pinches his big
fingers or lays her hands on his shoulders.
Today she was dressed In a short white
frock and wore blue ribbons in her reddish
hair. Mrs. Haywood, evidently a very sick
woman, pays close attention to the trial.
When Haywood enters the court room in
the morning he gives pleasant nod to his
family, but the child is the only one to
whom he speaks during the hearing.
Murphy Dying Of Consumption.
A pathetic figure attracting little atten-
ton is that of John Murphy of Denver,
general counsel for the Western Fedora
ton of Miners. who sits inside the railing
close to counsel for the defendant. Ena-
ciated, almost to a skeleton by the ravages
of consumption, he watches every move and
scans the face of every Juror with eyes that
look big from the disease-worn face Not
once has he spoken to a member of the ar
ray of counsel for the prisoner or offered
suggestion. He Is there as an outsider but
is evidently intense IN his interest.
Two Talesmen Excused.
day Judge Wood, with the consent of coun-
sci, excused two talesmen who are members
of the federal grand jury. The members of
the Haywood family were not In court when
the proceedings opened
Attorney E. F. Richardson of the defense
assumed the work of questioning the pro-
spective jurors. He began with Samuel
Wingate, an irrigator, who had been in seat
No. II since last Thursday. The first ten
men of the panel had been passed yesterday
by both sides without challenge for cause
Mr.. Richardson took Wingate back to the
labor troubles in the Occur d'Alene district
in 1900 and 1902, and asked him IL any
prejudice had grown in his mind against
the Western Federation of Miners as re-
suit of the troubles in northern Idaho.