The daily morning journal and courier., 1907-05-28
TRIAL AGAIN HALTED; JURY PANEL EXHAUSTED Another Special Venire Or dered in the Haywood
 Case. DELAY UNTIL FRIDAY Defenss Claims Unfairness in Making Up Vehire
 Lists.
DELAY UNTIL FRIDAY

Boise, Idaho, May 27,-The Steunen- berg murder trial has again been in terrupted by the exhaustion of the jury panel. The last man of the sec- ond' venire was disqualified early this afternoon, and Judge Fremont Wood postponed the trial until Friday morn- ing when Sheriff Hodgin Is to produce another special venire Of sixty-one men The odd number was jocularly 1 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 eleventh I peremptory challenge so that there re- main three more peremptory chal- | lenges. Beside that there is a chance that Tourtellotte, who objected to the infliction of the death penalty, save in war or anarchy, will be excused when it comes time to swear the jury, as well as A. P. Burns, who is suffering from lumbago.
 The circumstances leave the date of the completion of the jury in doubt. It may be accomplished 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, D. F. Richardson, for the de- fense strongly intmated that the pre- vious lists had been made up in man. ner unfair to the prisoner. He said that of the 5000 citizens available for jury duty, fully 1,20O were members of labor unions One hundred and six ! ty had been before the court, yet only I one of the number was member of a labor union and only two others were workingmen. He said that there were only fifty or sixty bankers in the ] county yet nine of them had been on the lists. He said that the figures made another singular coincidence, and pro- tested against the drawing of tales men from the farmer and mercantile classes ratherithan 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 sug. gestion to him as to the manner in which he made up his lists.
 Scruples against capital punishment and prejudice against the acceptance ot oircumstantial evidence, rather than opinions that gave bias, were the stum- bling blocks of the talesmen examined to-day. Man after man averred that he was against taking human life un- der any circumstances, and they all successfully resisted attempts to show that the belief had been recently or conveniently advanced. There was ( long and at times picturesque fight over the qualification of Harmon Cox a veteran, who gave up carpenterilg to fight three and one-half years in the Civil war, then to join the gold rushef of the late sixties, and then farnled fo, thirty years. The defense held that Coz tions to sit in so grave a case, anc tried for nearly two hours to disquaiifS him, but without success.
 Tourtellotte made another protes against his retention on the jury. H, said that he had various doubts abou' his ability to take the oath; that h' thought both sides were foolish to holt him on the jury, and asked that he b, given a chance to explain and qualifl one of his answers given on direct ex animation Judge Wood put him off un til Friday, when some action will prob ably be taken as to his presence or the jury.
 Only a corporal's guard of spectator came to the trial to-day. The prisone was again an active member of the con stant conferences at the defense's ta ble. His wife and youngest daughto sat with him at the afternoon session