The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1907-05-10


of the jurors of the letter of Presi-
dent Roosevelt in calling Haywood
and his associates undesirable citi.
lzens" the speeches in Idaho of Sec
retary Taft, the message of Govern
or Gooding to the legislature Of Ida
no, the speech in Boise of Senator
Hepburn and the action Of the Idaho
legislature in passing resolution
appropriating money for the prosecu-
tion of the three prisoners.
Searching Examination
Mr.. Richardson, who conducted
the examination Of the talesmen was
also particular to ascertain their at
titude toward socialists and members
of the labor organizations and whe-
ther they could give them a fair tri-
al. He was also anxious to know
if they had any professional, per-
sonal, fraternal, religious or political
Civilizations with any of the counsel
for the state, any connection with
detective agencies, any experience in
the pursuit or prosecution of Grim
inals or were members of the Mine
Owners association. Richardson also
asked If they had contributed to any
fund for the prosecution Of the pris-
oners, If they were members of the
Citizens Alliance, If they remem-
bered old labor troubles in Idaho
and If they had taken sides in the
labor troubles at any time. "A re-
mavkable feature Of this examination
was that all the talesmen ques-
toned by the defense swore that they
had not been Influenced by the let
ter of President Roosevelt or the
speeches of the other officials of the
national or state governments and
the the majority cs them said they were
republicans.
The chief concern OF the counsel
for the state in the examination Of
talesmen as indicated by their ques-
tfons was their attitude toward cir
cumstantial evidence, the absence Of
the accused from the state when
the crime was committed, the effect
of he manner in which the prisoner
and his companions were brought to
Idaho from Colorado, the view Of the
talesmen to the death penalty for
murder in the first degree and un-
ion labor. They also questioned
each Of the .talesmen as to his ac-
quaintance with the murdered gov
ernor with a view to disclosing their
friendship or enmity. Their examdn-
alton brought out the fact that GER
tain labor and socialistic paper are
being distributed free Of charge in
parts Of Ada county.
Method Of Selection
The custom of the Idaho courts in
selecting juries for criminal cases Is
to call twelve talesmen to the jury
box and to keep the box full by Inn
mediately filling ayn vacancies that
occur. The state first conducts q
complete examination that continues
until twelve men have been passed
when the body OF talesmen pass To
the defense for examination. The
state passed twelve men early yes
terday afternoon and the general ex-
animation is in the hands of the de-
fense. OF these, eleven men re-.
manned in the box at the close OF
the days session, only three have
been passed by both sides. They
not being finally accepted and sworn
and are still subject to peremptory
challenge.
They are A u. Ewing, carpen-
ter and a veteran Of the Civil War;
William Van Ornsdale, a grocer oi
Boise. and Samuel ID. Gilman, q
farmer, who lives In the country ten
miles from Boise.
Gilman served In the Phflippines
with the Idaho volunteers. Under
the law as recently amended each
side has ten peremptory challenges.
Judge q impartial
Judge Wood announced that he III.
tended to give both sides wide lati-
tue In the examinatio of the tales.
men. He also showed u willingness
to grant challenges where there