Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-05
J. A. SUNDERLAND FACES BAR
Eeoond Member Of Alleged ccsl rust Tried
on Conspiracy Chs1ge
CASE GEMS B,itRE JUDGE TRUE
when One More Juror IL Secured
Trial May Proceed, Butter Prog
ress being Made Than in
Howell Case.

As soon as one more juryman is secured
In the alleged trial Of the Coal trust, which
Is now being heard In the district court
before Judge Troup, with j. A. Sunderland
as defendant the arguments will begin
and testimony will be heard. The defense
has exhausted all its peremptory challenges
and but one remains for the state to COM
plete the jury. When adjournment was
taken last evening eighteen men were in
the Jury box 50 those who had been per-
emptorily challenged do not know them
selves. but will have to walt until the
other jury list is drawn this morning,
when all who are not wanted will be ex-
cused
The present case is moving much faster
than the previous one, which dragged
heavily before jury was secured.
There are more than fifty defendants in
all involved in these cases, and many
of them were present at the opening of the
trial. The suit against Samuel E, Howell,
which was tried in December and resulted
in a verdict of guilty. was the first of the
cases tried The grand jury returned the
indictments last September.
With the exception of Attorneys w. J.
Connell and John +. Stout all the others
participating in the trial are different from
those in the Howell case. The latter was
before Judge Sutton and was prosecuted
by County Attorney slabaugh. Admins
trations changed on the first OF the year
and the present trial is before Judge Troup,
who now has the criminal docket, aud is
prosecuted by County Attorney English. In
addition to Mr.. Connell and Mr.. Stout, II.
II. Baldrige is acting special counsel
for Mr.. Sunderland.
Not Yet, but soon.
The day was taken up In securing a jury.
Tho monotony OF this proceeding was some
what broken when Mr.. Connell was ex-
aiming one of the men, Frank J. Jumper,
draughtsman for the Union Pacific. He
had answered that he was not house
keeper" but boarded.
II suppose there is no immediate pros
pect Of your becoming a consumer OF
coal?" asked Mr.. Connell with a smile.
Yes. sir. in about a week." replied Mr..
Jumper. promptly and the bailiff had diff
Guilty in restoring order
1t is a matter of passing interest that
Mr.. Jumper may have to postpone his we'd
ding II he is drawn as a Juror and the
jury is kept closely guarded as in the
Howell case. Judge Troup did not init
mate whether he would insist on such
close confinement of the jury in the pres
ent case
This case will run smoothly" said w. ].
Cohnell ut will be a real trial and not a
vaudeville show Judge Sutton charac-
teIlzs1 the trial OF Mr.. Howell. You see
an trying this case and am not debarred
as Judge Sutton sought to have me-
Three Sunderland Brothers.
Seated around Mr.. Sunderland were his
two brothers. Ralph and l.. c. Sunderland
and all took an active interest in selecting
the jury, especially the defendant. who
held whispered conferences with his three
attorneys on each peremptory challenge.
Within the rail were many of the coal men
who are similarly charged with Mr.. Sund-
erland. They are all especially interested
and often hold conferences with the de-
PENDANT and his counsel; giving what in
formation they can concerning the tales
men.
Henry Kuhn. a farmer from north Of
Florence, established a record for ex-
aminations. He has not heard of the case
and was passed with about two questions
from each side.
Christ Durr, an employe of the Union
Pacific for the last thlrty-hve years, was
challenged by Mr.. Cornell because he was
over 80 years Of age and a little hard OF
hearing. Judge Troupe ordered him from
the box.
torney English seemed to be saving their
voices for later in the case as both stood
close to the jury box and spoke in a con-
Versational Tone which made It hard for
the spectators to hear
Don't All Kick mt once
Don't all kick at once; 1t makes quite
chorus when you all kick at once" was
Mr.. English's remark when all three at
torneys for the defense were on their feet
at one time. Mr.. English had challenged
Clarke Powell for cause, The court would
not allow the challenge and Mr.. Connell
waived his examination. Mr. English
wished 10 continue his examination. when
all three attorneys Jumped to their feet
al once. After further examination Mr..
Powell Was excused because he thought
his friendship for some of the defendants
might influence his verdict
Henry Meikles OF South Omaha. an en-