The Fargo forum and daily republican., 1907-05-21
NEW VENIRE
IS ORDERED
Continued from Page One.

Scrivener once lived in Kansas. but
was born in Ohio. He served as q
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 will have to be conclusive before
he would convict in capital case.
did yoil ever hang anybody while
sheriff? asked Mr.. Darrow of the de-
fense.
.'No, sir, We didn't do much hang
ing in Kansas" said the juror.
Mr. Darrow asked permission OF the
court to interrogate John Fisher, fur
or No 10, as to a conversation he had
with a man in his apple orchard last
fall Asked IL he knew a man named
Allen, the juror said he dill r0t. Mr..
Darrow then called Allen from the
spectators sections and confronted the
juror. Fisher quickly recognized the
man, but said he had not known Lis
name, their acquaintance being linz
tied to one meeting. 'Diin't you say
to Allen that you had read about these
defendants and they ought to be strung
up?' asked Mr. Darrow.
Il didn't say just that, but I'll tell
you what did say" replied Fisher.
Il said l had read about men beng
blown W. in Colorado and | said that
IL these men were guilty of that they
ought to have been strung up before
they were brought to Idaho"
Fisher declared that he had no pre-
judice against the Western Federation
of Miners as an organization, but he
had O strong feeling about s1'7ie OF she
things charged to 1t.
And you accepted the crimes charg-
ed to the organization as part of
the history of the industrial troubles
of the country" asked Mr.. Darrow
Yes, sir, | did"
Just as you accept the historic incl
dent Of the surrender of Cornwallis at
Yorktown or Lee at Appomattox?"
Now you are getting at 1t right"
commented the juror amid laughter.
Fisher added, however, that he would
not be afraid to be tried for his life
by juror feeling as he did.
Mr.. Darrow challenged the juror for
actual bias, and called c. p. Allen 10
the witness stand. Allen said he was a
rancher and carpenter. He came TO
Idaho five years ago from Cripple
Creek, Col Allen declared that juror
Fisher told him he knew what Meyer
and Haywood and Pettibone had done
in Colorado and they ought to be
strung up"
On cross-examipation Allen said he
had been in the employ of the defense
for ten days or more, his business be-
ing to poll a given precinct He de-.
clared he did most of the polling at
home
Are you a socialist?" asked MIR.
Hawley, for the state
Il was born republican" answered.
Allen. agAA s-- -.- ll--
"But now?" insisted Mr.. Haw1ey.
Yes, I have been a socialist for two
years.
"All you socialists are taking deep
interest in the defense, aren't your
Mr. Darrow objected and was sus-
tained by Judge Wood.
Mr. Hawley then drew from the witt
ness the fact that he was being em-
nloyed by the defense at the cost CT
$3.50 a day.
"Getting money for todays work ?"
asked Mr. Hawley.
Yes"
Doing anything but appearing us a
witness today?"
mo, sir"
| The witness was excused and Judge
| Wood then questioned the juror.
| Fisher told the court that he had not
expressed an opinion as to whether the
4 defendants were or were not guilty Of
| the Colorado murder, but merely said
that if they were guilty they ought to
| be strung up"
Judge Wood overruled the challenge
against Fisher and the defense noted
an exception.
The next peremptory challenge being
with the state, Attorney Richardson
for the defense, registered another for-
! nal protest against the state being n
lowed ten challenges under the new
| law He declared that the old law, all
lowing the state but. five challenges,
was in force and effect when the Hay
wood case was set for trial
Judge Wood overruled the objection
and again the defense noted an ex-
| ception
The state exercised its sixth peremp-
tory challenge against William H. Me-
Guffin at No. 6. Mr.. McGuffin is a real
i estate dealer.
| Joseph Breshears, a farmer, called 20
the place vacated by McGuffin, declar-
ed he was opposed to circumstantial
evidence in capital cases. He was chal-
lenged by the state and excused by
Judge Wood over the protest of the de-
| fense.
/ George Fisher, patriarchial rancher
| with a flowing white beard, was next
up and he also declared he had pre-
| judice gainst circumstantial evidence
| in capital cases.
II do not form conclusions very easy
either" volunteered the elderly Mr.
Fisher, "but when ! do they stick
He was challenged by the state but
Mr.. Darrow resisted. He and Senator
Borah questioned the talesman time
i and again along various lines. Judge
i Wood finally sighed and said:
Whenever you gentlemen are
through the court is ready to rule"
The challenge was sustained and
1.-The. dpfpnsa nofad fha i1etlal axcaufia0