The Birmingham age-herald., 1907-06-01
TWO VACANCIES IN HAYWOOD JURY Panel Expected to Be Filled
 To-day CONTEST GROWS SHARP
State Exhausts It's Challenges-De- fense Has One More-Scotchman Convulses Court Room With
 His Good Humor.

Boise. Idaho, May St.-There are but two vacancies in the jury that will try | William Haywood for alleged participa- l tion in the assassination of former Gov. Frank Steunenberg, and there Is reason to hope that they will be filled tomorrow. As jury selection narrows down to final chances, interest in the case increases and the contest grows distinctly sharper. Both sides are eager and anxious, and l they anxously watch the last talesmen, whose names are drawn from the box on the desk of the clerk of the court.
 The state has exhausted it's arbitrary rights as to the personnel of the jury, 1t having used its tenth peremptory chal- lenge today, and in all probability the | defense must use it's final challenge to- morrow. After that the selection of the twelfth juror must be left to fateful chance, for the first talesman who broadly 1 comes within the requirements of the l legal qualifications must be chosen. Tales men and jurymen may still be dismissed by mutual agreement, but it is unusual l for contending counsel to agree upon the | disqualification of a juror. New Venlre Fruitful. 1 The new special venire of sixty-one talesmen that presented itself when the trial was resumed this morning proved 1 very fruitful. There were the usual eN- cuses, but only five of them moved the heart of the now stern court Talesman J. A. Robertson, the first man called. qualified for the vacancy created by the seventh peremptory challenge and the l defense at once challenged Juror Harmon l Cox, the veteran, whom 1t sried so hard 1 to dsaualify Monday. This made the i ninth challenge used by the defense. Aft I ok Ihree ttifuiss ll. E. Messaesr success i t.&ity witnstood the fire of qps tiens from both sides, and was accetled for the place. Then the court finally dealt with Juror Toutelette, who opposed capital punishment and whose manifest disquali- hcations had been running for several days. Judge Wood called the question up and first both sides fenced on 1t. Final ly the state challenged and the court eX- cused the juror. The defense reserved a point on the matter, because it may prove valuable fighting ground on appeal Tales man Nelson Freeland qualified for Tour teettes old place, but the state did not care to have him on the jury and fired it's last ehallegene at him.
 Fifteen members of the new panel pleaded statutory excuses to Judge Wood, but he granted only five of the applica- tions, leaving ffty-six men to draw the remainder of the jury from
 The first task of counsel was to i'll a vacancy at No. 9, created by the state s ninth challenge.
 Lived 13 Years Everywhere.
 ]. A. Robertson was called to the empty chair and his good humor in an swering questions convulsed the court room at times Robertson, now farmer ] was formerly a carpenter and builder 1 Governor Steunenberg bearded at his i house during part of the time he was chief executive of the state. This fact 1 however the talesman declared, had created no prejudice in his mind against the men on trial for the murder. He said he felt he could do eJual and exact justice as between the state and the de- | fendants and would give the latter the benefit of every reasonable doubt. re- 1 publican ever since Grants first term' Robertson said he had taken no interest l in socialism. When asked where ne was born Robertson declared:
 q was born in that grand little couh- try where they raise honest men and bonnie lassies-Scotland."
 He left Scotland at 1S years Of age, went to Canada and lived there thirteen years, then came to the United States an lived in Illinois thirteen years.
 Lived thirteen years most every where?" suggested Attorney Richardson of the defense.
 Yes, sir"
 where did you next live?''
 Nebraska"
 How long?'
 Thirteen years.
 The further proceedings were inter- rupted several minutes by laughter
 Robertson said he got scared out oi Nebraska by the cyclones
 He came to Idaho and had broken all previous records by living here sixteen years. He was married at the age Of 2o.
 Did not marry a Scotch lassie?' he was asked.
 "Aou bet I did,
 "Robertson was accepted by both sides. 1 The defense then exercised the ninth of its ten peremptory challenges by eA- 1 cuslng Harmon Cox at No. [.
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