The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-20
JURY IN SIGHT.
Prosecution in the Haywood
Case Is Satisfied
With Those Jurors That Are
Now i'm the Box.
SIX CHALLENGES LEFT
But the Defense May Not
Exercise Them.
Gen. Bulkeley Wells Arrives to
Testify at Trial.

Boise, Idaho, May 2O.-After
quiet Sunday intermission the trial of
William d. Haywood. charged with
the murder of Frank Stuenenberg,
opened this morning for the eighth
day of the jury getting. According
to latest reports the prosecution will
not exhaust any more of its challenges
on the talesmen now in the box and
while the defense. with six peremp-
tory challenges in reserve may re-
move one or two more from the box
as it at present stands, there is some
prospect that the peremptory chal-
lenges on both sides are about over If
these reports are true there is pos
sibilitv of securing a jury without
having recourse to a new venire.
Among the witnesses who arrived
late last evening was General Bulke-
ley Wells who has been a pictur-
esque figure connected with the story
Of the difficulties between the West
ern Federation of Miners and the
mine owners organization. He is
wealthy mine owner himself and 1T
was at his mine-the Smuggler Union
mine of Telluride, Col.-that Arthur
Collins the manager, was killed dur
ing the latest trouble in that state.
General Wells since that time, has
ben unremitting in his determination
to hunt down the men concerned IN
the assa assination of Collins. He was
in command of the train which
brought Haywood and Pettibone from
Colorado to Idaho at the time they
were arrested in Denver under extra
dition warrants. He will be one of the
witnesses for the state when the case
opens.
The Proceedings.
| There was a scant attendance of spec
| tators when the trial was resumed this
| morning, and the court took up the
work of filling the vacancy created on
! Saturday by the ninth peremptory chal-
| lenge. The Haywood family was alb
! sent. A number of witnesses, including
Bulkley Wells of Colorado, We're in the
| court room. The prisoner sat close to
his counsel and frequently consulted
with them as to the talesmen under ex-
animation.
When today's court session opened
| Clarence S. Darrow for the defense con-
| tinued the examination of T. &C. De
| Clerou a rancher who was called into
! seat No. 5 in the jury box just before
] court adjourned last Saturday. After a
long examination DeCleroq declared
| that his mind was pretty we'll made up
He was excused.
Nearly half an hour was consumed in
| the examination of the next talesman,
| George w. Masters, rancher. VINO
came to Idaho from Kansas. He finally
! asserted that the opinion, which at first
| he had stated was not a fixed one, would
| require strong evidence to remove. He
| said he had read the sociaist1c papers
| which had been put In MS 1nall DoA IoI
| several months past. Because or ms
| opinion Masters was challenged by Dotn
| sides and stepped down.
Frank Marcellus, a rancher. originally
from Illinois, was excused by consent
! after he stated that he had some preJu-
| dice against circumstantial evidence ana
| had expressed an unqualified opinion
George Powell also a rancher and
native of Kansas, finally proved accept
able to both sides and took his place as
Juror No. 5. Mr.. Powell said he had
neither opinion nor prejudice in the
matter. He is about 60 years of age
with grizzled beard.
| The defense then was called upon TO
exercise it's fifth peremptory challenge.
| 1t was directed against Joseph Ch1nn,
| at No g. Chinn is a hack driver.
George Fletcher, president of a local
| hank. was the first talesman called to
replace Chinn. He said he, had a very
| strong opinion and was quickly excused.
! Frank Cess, a farmer and stock raiser.
/ declared an opinion strong as the
preceding talesman and was also allow
f! ed to go. w. l. Thrailkill, telephone
! manager. had conscientious scruples
against capital punishment, and Sumner
i Dee a merchant, had expressed toe
| strong an opinion.
i The next man UP for examination was
| Forest See. rancher and stock grower
Il His opinion was fixed. He stepped aside
! Crawford Moore, another banker, was
/ quickly challenged for bias. Lee SERVE
! ner a farmer, was called into the box
| as the luncheon adjournment until p
i M. was ordered.