Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-05-10

md put several questions to the pro-
posed juror. Beck said his opinion or
impression was formed wholly from
the newspapers and not from any sup
ported evidence. He would try to put
aside the opinion.
eve submit the challenge is not well
taken" said Mr. Hawley for the state.
The court. however. sustained the de-
fences objection and Beck was ex-
cuSed.
Samuel d. Gilman. a farmer was
next called. The questions put to him
were along the same lines as those sub
nitted by the defence to the other
-alesmen. His answers appeared salts
factory ana Mr.. Richardson turned t.
Capt Yates, the banker. Capt Yates
said he was native of Maine, but had
passed 80 years as Il captain OF sailing
vessels He has lived in Boise for four
" five years. lie was formerly a stock
farmer and is now Il bank president.
Capt Yates said he had discussed the
,ase with Gov. Goodng
Senator Rorah is your counsel, is he
not z" asked Mr.. Richardson.
Eyes
"And also attorney for the bank"
"Ycs"
"Ras ne ever discussed Tie Gaze with
YOU"
"Nn.'
Cant. Yates said he had an opinion
which he believed to he based on facts.
It could he moved by evidence. how
1vcr He had attended Coy. Steunen-
berg's funeral. Capt. Yates felt he had
some prejudice against the defendant.
"If positions were reversed, and YOU
We're sitting Mere and Haywood was .
where Won are and hold your views,
would YOU be satisfied with his judg-
mcnt?"
mo, sir, I would not hold him." de- !
clared Capt Yates amid laughter.
The defence challenged for cause and
was sustained.
James A. Butts, a farmer, took his
place at NJ. A. He was first examined I
by Mr.. lIawley. lie declared he had !
firmly fixed opinion and was challenged !.
and excused fer cause.
When Judge WOOD directed the calling +
If another talesman to replace Mir Butts, .
the clerk of the court announced that
the pancl had been exhausted. The de- !
fence had passed but three men without .
challenge for cause and neither side had
exercised any Of its 10 peromptory chal- /
enges. No Juror had been finally sworn .
N.
There was q consultation OF counsel .
with Judge Wood as to the number OF
mon to be called in the new panel.
Judge Wood announced that special
venirc of JOG mon would he summoned
bv the sheriff for jury duty. An ad- !
ordered until
o'clock The II mon in the jury box
awaiting disposition were ordered locked
lp by Judge Wood.
The questions by the defense took 2
much wider range than that Of the
state. It's most striking feature dealt
With the possible effect upon the minds
IF talcSmen of the letter of Pres.
Roosevelt in calling Haywood and his
associates "J'ndCairabl" citizens an'
If the speeches in Idah" Of Sec. Taft.
he message Of COY. Gooding to the
Legislature, the #nccch in Bnise- Of
senator Hcyburn ana the action of
he Idaho Legislature III aprropriating
money for the prosecution Of the three
prisoners.
Mr.. Richardson, who conducted the
OF thct talesman, was also
particular in ascertaining their atti-
udc toward Socialism and members 0f
abor organizations. and if they had
my connection with detective a~Cn-
les or if they were members Of the
Wine Owners Association. Richardson
lskcd further if they ever contributed
0 any fund Tor The prosecution Of tho
u isoncrs, if thcy remembered the Ola
abOr troubles in Idaho, and if they
YER took sides in such labor troubles.
'he taIesmon all sWore that they had
rot been influenced 10y the letter o.
Pres. Roosevelt or speeches of othe'
'fhcials of the national or state gov
rnment and = majority Of them said
hey were Republicans.
The chief concern of the counsel for the
tate was the mems attitude toward CIR
unstantial evidence. absence Of the ac-
used from the state when the crime was
the effect of the manner in
;hch the prisoner and his companions
'ere brought from Colorado. ana union
thor. They also questioned each tales
ian as to his acquaintance with the muir
cred ex-governor with 4 view to discuss
II friendship or enmity. Their eXami-
alton brought out that certain labor and
oCialiStic papers are being distributed
rec Of charge in THE parts Of Ada county.
The custom Of Idaho courts in selecting
urors for criminal cases is to can l. :
llesmcn to the jury box and to keep tbs
OK full. Tho state conducts n complete
until T. men have been pass
d. then the body of talesmen pass to the
efenCc for examination The state pass
Il L. men early this afternoon and the
eneraI examination passed into tn"
ands Of the defence. Eleven men were
the box ut the close Of today's session.
nly three have been passed by both
idcs. They have not been finally ac-
opted and sworn and are still subject to
cren:ptory challenge.
The three are: A. l.. Ewing. n Carpcn-
n and veteran of the Civil War: VIII
ain Van Ornstal, a grocer Of Boise;
amucl n. Gilman, a farmer, who lives
miles from Boise. Gilman served in
he Philippines with the Idaho volun-
.crs Under the law recently amend
1 cacl, side has 10 pcremptory chal-
aEes-