Omaha daily bee., 1907-05-15
TEN TALESMEN ARE PASSED
Good Progress is Made in Selecting Jury
for Haywood Case.
FIFTY VENlREMEN NOT YET fXAMlNtO
when Two More Jurors Are Passed
Peremptory Challenges VIII Begin
Haywood Advises Counsel
Frequently.

FreQuemtly.
BOISE, Idaho, May 14-Substantial prog
ress toward the formation Of a jury TO
try William ID. Haywood for the alleged
murder of Frank Steunenberg, twice chosen
the chief executive of this state. was made
on this, the third day OF the trial Selec-
tion Of talesmen halted for three solid hours
over chairs FIVE and six, but once those
seats had been filled progress was very
rapid. At adjournment for the day counsel
for the defense had completed the examina-
tion and temporarily passed the tenth tales
| man. They had but two more to examine
in chief and a reservation TO examine, II
they desire to exercise the right two Of
those temporarily passed today so that
with reasonable progress the twelfth tales
man should be passed tomorrow in time
to open the way for the first peremptory
challenge. whose exercise marks entry to
| the final stage of the formation Of the jury.
Counsel for the state still adhere to the
belief that the jury will be completed by
| Saturday.
Clarence Darrow and Edgar Wilson, for
| the defense. divided the work of examining
talesmen today and their questions took
the same wide range outlined by their as
sociate, Mr.. Richardson, and freely sane
toned by Judge Fremont Wood. Mr.. Will
son added to the long train Of connections,
readings, influences and associations that
might tend to disdualify a Juror, that of
membership in the Idaho militia, which
at various times has been called upon TO
uuen strike disorders. The examination
| failed. however, to disclose any military
men among the talesmen.
| Mr. narrnvv dazrOtod much attention to
possible prejudice of prospective jurors
and his attitude and inquiry was earnest
to the point of solemnity. He grayely in
vited each succeeding talesman who passed
through his hands to place himself mentally
in the serious position of the prisoner aid
then to honestly ask himself IL he would
care to be tried by twelve men Of minds
framed like his own,
Two Go Out for Bias.
Two Of the original panel-J. j. wag-
goner, who figured in the Yost affair,
and George waIker-went out for bias,
and four of the special venire failed for
various reasons to qualify. Two Of the
latter swore that they were so opposed to
circumstantial evidence in a capital case
that they would refuse to convict on It,
however strong 1t might prove to be. An
other Of the special veniremen got on for
sickness, but there remain more than fifty
Of the special venire unexamined and ready
to hll vacancies making the chances of
completing the jury from the special venire
seem good.
Allen Pride. the fifth talesman passed by
both sides, testified that Deputy Sheriff
Roberts, who served him with a summons,
had talked with him about the case and
particularly about Harry Orchard, whom he
had known when a penitentiary guard. An
extended and searching examination by
| Mr.. Darrow failed to show that there had
been any attempt to improperly influence
the prospective juror. and while the de-
fense reserved its rights. It is improbable
that the incident will be pursued any
further. The incident brought out the first
mention Of the name of Harry Orchard
in open court since the trial began.
Talesman d. w Henry, who held seat
No. 6, after long and at times amusing
examination which showed a desire upon
the part Of the defense to have him ex-
cused, denied under oath that he had told
some Of his neighbors in South Boise that
Haywood and his associates must be guilty
because they were brought back here for
trial. This incident is to be the subject
Of further examination tomorrow.
Haywood Takes Active Part.
II was another businesslike session OF
the court, unmarked by important incident
not connected with the examination OF
talesmen. Counsel bristled occasionally in
a manner that indicated the spirit of the
battle that is to come, but they continued
in harmony and we're generally courteous
and graceful to one another. Haywood
participated to a greater extent than be-
fore In the work of his counsel. He con-
suited most constantly with Messrs. Dar-
} row, Richardson and Nugent and IL was
} very clear that he was Offering suggestions
as to the line of examination and ex-
pressing himself as to the men In the box
who may be chosen to sit in judgment on
his life.
In seeking the removal OF Talesman Or
ric Cole. who is not in good health, Edgar
Wilson, for the defense, made the state
ment that the trial would occupy several
weeks and possibly several months. The
ten men who have been examined and
passed for cause by both sides are in the
order given;
A. L. Ewing, carpenter; William Van
orsdaIe, grocer; Samuel d. Gilman, farmer;
Walter Shaw, farmer; Allen Pride. farmer;
! d. w. Henry. carpenter; George NJ. Nc
Intyre, farmer; W. N. Rudge farmer; Or
! ric Cole, mining man, and w. w. Bisby,
4