The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-15
TEN TALESMEh
IN THE JURY BOX
Continued from PAGE 10.

continued from Faqe TO-
closure. she remained with the inva-
lid woman all afternoon and assisted
in taking her from the room after ad-
journment. She and her husband are
down as witnesses for the state. but
her action today is taken as a clear in
dication OF her attitude
Haywood Taking Part
Haywood participated to a greater
extent than before in the work of his
counsel. He consulted most constantly
With Messrs. barrow. Richardson and
Nugent, and 1t Was very clear that he
was Offering suggestions as to the line
Of examination and expressing himself
as to the men in the box who may be
chosen to sit in judgment of his life.
in seeking the removal OF Talesman
Orric Cole, who is not in good health.
Edgar Wilson, for the defense, made
the statement that the trial would &C.
cupy several weeks and probably sew
eral months.
The ten men who have been exam
ined and passed for cause by both sides
are, in the order given: A L. Ewing,
carpenter; William Van Orsdale, gro
Ger; Samuel d. Gilman, farmer; Wal
ter Shaw, farmer: Allen Pride, farmer;
ID. w. Henry, carpenter; George H.
Mcintyre, farmer: w. N. Rudge, farm
err Orric Cole, mining man, and w w.
Bisby, real estate and insurance agent
To make assurance doubly sure,
James II. Hawley, for the state, at
adjournment this evening asked all the
occupants of the jury box collectively
If they We're citizens of the United
States and electors of Ada county.
They all are.
Examination by Defense.
With twelve men in the box. four of
whom had been passed without challenge
Tor cause by both sides, the examination
OF taiesmen for duty on the HAYWOOD
jury Was resumed shortly after 10 O'Clock
this morning. The confined Jury panel
early today took long walk in the hills
back OF Boise. Three deputies accom-
panied them.
Clarence 5. barrow of Chicago took up
the examination for the defense today
beginning with J. l. Waggoner in seat
No . WaggoneF is the man who was
complainant in the case against w "
Aost who was recently charged with lfav-
ins approached proposed juror Mr.
barrow asked Waggoner about this expe-
rience with Yost
Did you have any opinion as to which
s s,a the man came from-whether the
Yes, ] had an opinion, replied Wag-
Did he try to influence your opinion in
this case?'
4 don't know"
But you swore he did in your affidavit
against the mani"
swore 10 it,"
Now. then. hasn't your Judgment been
affected by all you have heard and done
IN this ease? asked Mr.. barrow.
1 guess IL has" replied Waggoner.
WaSSOner was finally excused by con-
sent. and J. W. Sneed, a iiyeryman, was
called to occupy the vacant seat.
Questions by Prosecution.
Sneed was questioned first by Mr.. Haw-
ley. for the state. He said he had heard
the case discussed. but not to any great
extent No strangers had ever attempted
to discuss the matter with him and he
had taken no particular interest in IT. He
had read of the case from time TO time
in the local papers.
Have you formed an opinion?" asked
Mr. HsWley.
4 have thought about the case-about
the probable Outcome-but I can't saw
have any definite opinion. I believe that
if the defendant is guilty he ought TO be
to be turned loose"
Sneed said he had also thought Of the
manner in, which the defendants were
brought from Colorado to Idaho and had
made up his mind as TO whether ii was
right or wrong. He claimed to have a
strong prejudice against circumstantiai
evidence and this called forth challenge
I'VE deny the challenge" quickly inter
posed three OF the attorneys FOR the de-
Tense in unison.
Court Takes a Hand
Judge Wood Intercepted the talesman.
Do you mean to say that If the court
instructed you that circumstantial evil
dence was proper evidence you would not
take the ruling of the cOurt?'
Not altOgQf her - rppiieG EneEd
IF the evidence was all circumstantial,
the Jalesman declared he would not con-
Wet a man of murder.
The prosecution renewed its challenge on
the ground Of bias
we viii state in advance" said Mr..
Hawley. that our evidence Will be largely
has admitted he cannot act with impair
tiality."
The defense again resisted the challenge
and further questioned the talesman.
He insisted ne would want actual as well
as circumstantial evidence.
The court will allow the challenge for
actual bias" ruled Judge Wood
The defense noted an exception.
Would Require Proof.
Allen Pride, a farmer, next was called
to seat No ). He answered satisfactorily
all the questions propounded by the attor-
neys for the state and was quickly turned
over TO the defense for examination. Pride
insisted that he had no fixed opinion. one
way or the other. The only thing he knew
about the case was what he saw in the
public print" he did not believe all
OF il. The defendant. he declared. would
have to BE- proven guilty before he found
him So.
Pride said has ia mily consisted of a wife
and two young daughters He Is Sc years
of age. is a Republican, but not a church
member.
Pride admitted that he had discussed
the case with the deputy who summoned