The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-21
Continued from Page I.

Continued from Page I.
might have said that if the accused
were guilty Of the things done in Colo.
RADIO they should have been strung up
Employed by Defense.
James H. Hawiey, leading counsel fol-
the state, questioned Mr.. Allen al
length and brought from him the state
ment that he was employed by the de-
Tense to poll his precinct, that he was
paid $3.50 per day when he worked, and
that he was under pay today. Judge
Wood failed to sustain the challenge OF
Mr.. Fisher and he remains in the jury
box for the time being.
T. d. Callahan, an attorney of Boise
joined the defense as associate coun-
sci today. He makes the eighth OF
counsel for the defense participating In
the trial.
The trial goes on at $50 in the morn
ing and in future that will be the hour
of converting, and adjournment will be
at 8 O'Clock.
Several Men Let Go.
When today's court session opened
Clarence S. Darrow, for the defense,
continued the examination of T. G. De-
Clercq, q rancher, who was called into
seat No. s I'm the jury box just before
court adjourned last Saturday. After
a long examination DeClercq declared
that his mind was pretty well made up.
He was excused.
Nearly half an hour was consumed
in the examination of the next tales
man, George w. Masters, a rancher,
who 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 10
remove. He said he had read the So
cialistic papers which had been put in
his mail box for several months past.
Because Of his opinion. Masters was
challenged by both sides and stepped
down.
Frank Marcelius. a rancher. orig
inally from Illinois. was excused by
consent after he stated that ne had
some prejudice against circumstantial
evidence and had expressed an unqual-
flied opinion.
George Powell. also a rancher. and
native of Kansas, finally proved ac-
ceptable to both sides, and took up
his place as juror No. 8. Mr.. Powell
said he had neither opinion nor preju-
dice in the matter. He is about 80
years of age, with grizzled beard.
Fifth Challenge of Defense.
The defense then was called upon to
exercise its fifth peremptory challenge.
1t was directed against Joseph Chinn,
at No. s. Chinn is a hackdriver and a
Democrat.
George Fletcher. president of local
bank. was the first talesman called to
replace Chinn. He said he had a very
strong opinion and was quickly ex-
cused
Frank Cess, farmer and stock raiser,
declared an opinion as strong as the
preceding talesman. and was allowed to
go. w. I. Thraiikili, telephone mana
ger. had conscientious scruples against
capital punishment, and Sumner Dee, a
merchant, hal expressed too strong an
opinion.
The next man up for examination
was Forrest See. rancher and stock
grower. His opinion was fixed. He
stepped aside.
Crawford Moore, another banker, was
quickly challenged for bias.
Former Sheriff Questioned.
Lee Scrivener, a farmer. was called
into the box as the luncheon adjourn
ment until p. m. was ordered.
Sorivener was put through a thor
ough examination at the afternoon ses-
sion and was accepted without chal-
lenge. Scrivener once lived in Kansas,
but was born in Ohio. He served as a
sheriff for three years in Kansas.
Scrivener declared he knew of Moth
ing that would prevent his rendering a
fair and impartial verdict as between
the state and the defendant. The evil
dence would have to be conclusive. he
said, before he would convict in a cap
ital case.
Did you ever hang anybody while
sheriff." asked Mr.. barrow of the de-
Tense.
mo. sir: we didn't do much hanging
back in Kansas said the juror.
Witness Called.
Mr.. barrow asked permission OF the
court to interrogate John Fisher, juror
No. 10 as to a conversation he had with
a man in his apple orchard last fall.
Asked if he knew a man named Allen,
the juror said he did not. Mr.. Oar
row then called Allen from the specta-
tors section and confronted the jury
man. Fisher quickly recognized the
man, but said he had not known his
name, their acquaintance being limited
to one meeting.
Didn't you say to Allen that you
had read about these defendants and
Mr. Darrow.
Il didn't say just that, but I'll tell
you what did say" replied Fisher. Il
said hadTead about men being blown
I'D in Colorado and / said that if these
men were guilty of that they ought to
have been strung up before they were
brought tc Idaho"
Fisher declared he had no prejudice
3 gainst the Western Federation of Min
ers as an organization, but he had
strong feeling about some of the things
charged to ii.
And you accepted the crimes
charged to the organize ton as a part
of the history Of the industrial troubles
of the country?" asked Mr.. barrow
yes. sir, l did"
Just as you accept the historic in
cidents OF the surrender of CORVALLIS
at Yorktown or Lee at Appomattox
Now you are getting at it right"
the juror amid laughter.
Fisher added, however, that he would
not be afraid to be tried for his life by
a juror feeling as he did.
Challenged for Bias.
Mr.. barrow challenged the juror for
actual bias and called c. p. Allen to