New-York tribune., 1907-05-14
BOISE TRIAL ON AGAIN.
DIFFICULT TO GET JURY
T1centyfour of Special Hay5cooa
Yenire Excused at Once.

]
D. Haywood, secretary and treasurer of ths
Western Federation of Miners for alleged COM
plicity in the murder OF former Governor Stem.
nenberg. The court opened with eleven pros.
pective jurors in the box. three only havins
been passed by prosecution and defence stiu
subject to peremptory challenge. however and
this condition was unchanged at adjournment
with the exception OF additional man in n.
box. Twenty-four of the special venire Of orr
hundred were excused for various reasons AZ
the opening Of court without examination as N
qualifications.
The bulk Of the Jurors are expected to com.
from this venire. largely made up OF farmer,
from the country surrounding Boise The
venire showed seventy-fve farmers or ranch
men. the remainder being business men. tn,
twelve men who have been confined in the
jury house, guarded BY four deputy sherins
since Thursday afternoon and who took their
places in the jury box to-day were:
No. 1. \. L. Ewing, carpenter; No. ., W. VI.
Van Orsdale. grocer; No. 3. Samuel D. Gilman.
farmer: No. :. ]. l. Waggoner. farmer; No. 6,
George Walker. butcher; No. .. George H. Nc
Intyre. farmer; No. s, ". y. Rudge, farmer;
No 8. Ora Cole. miner; No 10. v. W. Bisby.
real estate; No IL, Samuel a. Winsate, irri-
CATION employe; No. Il. Samuel F. Russell.
farmer OF these the first three-Ewing, Van
ination of opposing counsel successfully last
Thursday.
There is growing irnpatence among those who
came here to attend the trial to hear the open
ing address Of the prosecution. which probably
viii be delivered by James II. Hawley. leading
counsel for the prosecution. Just how far the
states attorneys will go in outlining the
they hope 70 prove against Haywood is prob
lematical They may choose 10 state their
case IN general way, giving no actual hint OF
the testimony they claim to have. or on the
other hand the opening address may be a prop
osition broad the attorneys expect to prove
under the most favorable rulings Of the court.
1t is certain that no testimony tending 70
lay the broad foundation for the alleged con-
spiracy OF which Haywood Meyer and Petitions
are said to have been part will be introduced
without a stubborn and prolonged fight by the
defence.
Julian P. Steunenberg. the twenty-one-year-
old son Of former Governor SteUnenberg. was in
the courtroom this afternoon when the trial
proceedings were resumed. All the prisoners
family, including his invalid wife and two
daughters. were also present. The room vas
crowded largely due TO the presence Of the new
venire of one hundred men summoned for jury
duty For the first time the Sheriff had TO close
the door, no one being allowed TO stand
Haywood was brought IN while the clerk was
reading the minutes of last Thursdays session.
The reading OF the minutes and court record ara
e part of each days routine under the procedu-s
OF this state. Haywood took seat at the end
Of the line OF chairs occupied by his family
There was but one absent when the roll OF
venirenen was called Judge Wood directed
that an attachment be issued against the miss
ing juror. A moment later the judge read the
law fixing the power OF the court TO excuse
jurors.
IF any proposed juror has a legal excuse 10
offer he will now step forward" said Judge
Wood
Immediately there was an uproar in the court
room II seemed that fully half of the special
panel rose as one man and began 10 press fore
ward
Judge Wood excused tventy-four Of those
who were heard. The Offering OF excuses occu-
pied one hour and twenty minutes Three Of
the excused venirenen presented doctors Ger
tifcates: four were excused on personal pleas
of Illness three because they were overseers
Of the county roads; five because Of the illness
OF their wives; one. seventy-six years old. be-
cause OF age: two for pressing business rea-
sons; two irrigation ditch riders; one chairman
of the City Board of Public Works; one proba-
tion officer; one witness. and substitute
rural free delivery mail carrier. Judge Wood
declined To excuse six veniremen who pleaded
for release. He temporarily passed five others.
1t was 80 o'clock D. m when the eleven
men who had been locked up since Thursday
were brought into the courtroom. Ellsworth
Lester, farmer. called into vacant seat
NO and examined first by the attorneys for
the state Lester said he had formed and ex-
pressed an unqualified opinion and was Chal-
lenged for cause by the state. He was ex-
cUsed.
Walter Shaw. young farmer who came to
idaho two years ago from the State OF WASH
ington. was called 10 seat No. 4, and success
1ulIy passed the examination of the state and
attorneys Shaw declared he had not formed an
opinion mad no prejudice bias against or for
the prisoner and had no prejudice against cir
cumstantial evidence. He was closely questioned
Dy MI FlchardSon for the defence. He said his
orotner was a member OF the last Legislature.
out dldnt know how he voted the bill ap-
Proprlatlng money for the prosecution Of the
Moyer-Haywood case Besides one local news
paper Shaw said he read only The Ladies'
Home Journal"
Carried through long line of interrogations
sS 20 "hetner or not he had opinion, Shaw
nnaily admitted that he had a wish IN the
case, but denied that the wish had anything TO
90 with the guilt or innocence of Haywood
with MS wish. Shaw said he did not know. His
Drotner voted for Senator Borah. Shaw said he
oeiohSed TO the Meat Cutters Union in Seattle
ior a year. but withdrew when he left that city
union had not left any prejudice In his mind
against unionism He was a Republican. but
had no prejudice against Democrats or social
lists.
You wouldn't believe in hanging a man sim
ply because he IS a socialist would you?" asked
Mr. Richardson
NO." Shaw laughingly replied
The interest of Secretary Taft President
huence his Judgment In any way Asked II he
mad read the Presidents undesirable citizens
letter, Shaw replied Il did read piece in the
paper about II. believe
no 1H.fTy ~, TDr