The Mena weekly star., 1907-05-16
GOV PROGRESS 1T BOISE
Examination of Talesmen for Duty on the Haywood Jury Drags
 Wearily Along.
PROSECUTION MAKES AN ADMISSION
Attorney HawIey Said That the States Evidence Against the Secretary of the Western Federation Of Miners Was Largely Circumstan- tiai-Msny TaIesmen Rejected.

Boise, Idaho, May 15.-With 12 men in the box, four of whom had been nassed without challenge for cause by both sides, the examination of tales men for duty on the Haywood jury was resumed shortly after 10 o'clock Tuesday morning The confined SIry panel early Tuesday took a long walk in the hills back of Boise. Three deputies accompanied them.
 Clarence s. Darrow of Chicago, took up the examination for the de- fense Tuesday, beginning with J. L. Waggoner, in seat No. 5. Waggoner is the man who was complainant in the case against w N. Yost, who was recently charged with having ap- preached a proposed juror. Mir Dar- row asked Waggoner about this ex- perience with Yost.
 Hasn't your judgment been affected by all you have heard and done in this case?" asked MT. Darrow. T guess 1t has," replied Waggoner.
 Waggoner was finally excused by consent, and J. w. Smeed, livery man, was called to occupy the vacant seat.
 Smeed was questioned first by Mir. Hawley, for the state. He said he had heard the case discussed but not to any great extent. No strangers had fr hn naff or with bim and he had taken no parti- cular interest in it. He had read of the case from time to time in the To- cal papers.
 Have you formed an opinion?" asked Mir. Hawley. 'I have thought about the case-about the probable outcome-but I can't say I have any definite opinion. believe that if the defendant is guilty he ought to be punished and if he is not guilty he ought to be turned loose"
 Smeed said he had also thought of the manner in which the defendants were brought from Colorado to Idaho and had made up his mind as to whether it was right or wrong. He claimed to have 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 in faprOpafad the ia alpcpnan
 Do you mean to say that If the court instructed you that circum- stantial evidence was proper evidence you would not take the ruling of the court? Not altogether" replied Smeed. If the evidence was all cir cumstantial the talesman declared he would not convict man or murder.
 The prosecution renewed it's chal- lenge on the ground of bias We will state in advance" said Mir. Hawley that our evidence will be largely circumstantial in this case The juror has admitted he cannot act with im- partiality."
 The defense again resisted the chal- lenge and further questioned the tales man. He insisted he would want actual as we'll as circumstantial eyi- dence. "The court will allow the challenge for actual bias" ruled Judge Wood. The defense noted an excep- ton.
 Mir. Darrow, who Tuesday for the first time took up the examination of talesmen, gave tone of solemnity to the conclusion of hts examination Of Talesman Pride. Advancing to point where he immediately faced the talesmen he leaned forward and in an impressive voice asked him If he were on trial for his life if he would be prepared to be tried by 12 men in his frame of mind Pride first said that he hated to contemplate such thing" and that the defendant "couid do worse in jurors than he was Pride said he did not want to serve on the jury but that he would do his duty fairly
 The free circulation of socialistic pa- pers throughout Ada county was shown again, this time during the ex- animation of Talesman Pride.