The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-05-28
PROBABLY Be
RESUMED ON
NEXT FRIDAY
Intimation Made That Previ-
GUS List Had Been Fixed
in Advance.
CONFIDENCE IN
SHERIFF HODGIN
Court Believes He Will Do His
Duty Irrespective of Friends
or Foes. ..G


enberg murder trial has again been
interrupted by the exhaustion of the
jury panel. The last man of the Sec
ond special venre was disqualified
early this afternoon and Judge Free
mont Wood postponed the trial until
Friday morning, when Sheriff Shad
Hodgin is to produce another special
venire of sixty-one men. The odd
number was jocularly asked for by
the defense in the hope OF changing
the luck that has dogged the even
numbers used.
The work of jury filling is stopped
at the vacancy created by the seventh
peremptory challenge so that there
remain three more peremptory chal-
langes. Besides that, there is a
chance that Juror Tourtellotte, who
objected to the infliction of the death
penalty save in war Or anarchy, will
be excused when it comes time to
finally swear the jury, and Juror A.
P. Burns is suffering from lumbago.
These circumstances leave the date
of the completion of the jury in doubt.
They may accomplish the trick by
Saturday night and clear the decks
for the actual action of the trial on
Monday morning, and then again the
jury may not be completed until some
time next week.
Prior to the issuance of the new
venire E. F. Richardson, for the de-
fense. strongly intimated that the
previous lists had been made up in
manner unfair to the prisoner. He
said that of the 5000 citizens avail
able for jury duty fully 1900 were
members of labor unions. One hun
dred and sixty talesmen had been be-
fore the court, yet only one of the
number was member of labor
union and only two others were work
ingmen. He said that there were only
fifty or sixty bankers in the county,
yet nine Of them had been found in
the lists. He said that the figures
made another singular coincidence
and protested against the talesmen
being drawn from the farmer and
mercantile classes rather than from
the main body of citizens.
Judge Wood in reply said that he
had absolute confidence in Sheriff
Hodgin and said that he would make
no suggestion to him as to the man
ner in which he made up his lists.
Scruples against capital punish
ment and prejudice against the ac-
ceptance of cicumstantial evidence,
rather than opinions that gave bias,
were the stumbling blocks of the
talesmen examined. Man after man
averred that he was against taking
human life under any circumstances
and they all successfully resisted at
tempts to show that the belief had
been recently or conveniently ad-
vanced.
There was long and at times
picturesque fight over the qualification
of Juror Harmon Cox, veteran who
gave up carpentering to fight three
and half years in the civil war, then
to join the gold rushes of the late
sixties, and then farmed for thirty
years. The defense held that Juror
Cox did not have sufficient mental
qualifications to sit in so grave case,
and for nearly two hours tried to dis
qualify him. The juror got on dan
gerous ground several times, but
wherever the examination led and
however things got mixed up, he al
ways went back to the simple narra-
ton that he did not have an opinion;
that he was without bias. and that he
would give the prisoner a fair trial.
Throughout the examination there
was running fire. amusing and seri-
GUS by turns, by Clarence Darrow and
Senator Borah, and the former altern-
ately demanded and pleaded for the
removal of the juror. Once the juror
said that he would be guided by what
his eleven associates did, but he took
that back and, falling back on his old
declaration, kept his place.
Juror Tourtellotte made another
protest against his retention ON the
jury. He said that he had various
doubts about his ability to take the
oath; that he thought both sides were
foolish to hold him on the jury and
that he be given a chance to explain
one Of his answers given on direct
examination. Judge Wood put him
off until Friday, when some action
will probably be taken as to his pres