The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-16

the defense joining. Judge Wood in allow
! ing the challenge, said however, that ne
did not think the attorneys had taken the
examination of Mr.. Kepner far enough TO
actually disqualify him. He gave this
| warning for the future guidance of coun-
sci.
Henry OFT. former county commissioner
of Ada county. followed Mr.. Kepner in
seat No. II. Mr. OFT said he had read
the case extensively. but had no feeling or
/ prejudice against the defendant He
; formed an opinion of what he read but
not as to the guilt or innocence of the
| accused. Asked IL he had any prejudice
| against labor unions. AR. OFT said not so
long as they are orderly unions.
Passed by the state and turned over to
the defense, OFT said it would require some
evidence TO remove the opinion he had
formed from reading the newspapers. He
was challenged forthwith by the defense
and Judge Wood excused him.
A. p Burns, retired business man,
was the fourth occupant of chair No
il at the morning session; He said he
had been a member Of the carpenters
union when he lived in Nebraska years
ago. but this would not prejudice him
against the state in the trial of union
man. Burns declared he had an opinion.
the result of reading the papers, but
il was not fixed and would not prevent
his giving the defendant a fair trial.
Burns said he had read of Orchards
confession.
HAS It prejudiced you against Orch
ard as a witness?" queried Senator Bo-
rah.
well, I think it has"
wouldn't you believe him."
''I wouldn't give his evidence the same
weight / would some other witnesses"
Possibly not" commented Senator Bo-
rah
Messrs. barrow and Richardson, of the
defenle, laughed loudly at this
Burns was passed by the state with
cut challenge for cause, and his exami-
nation was taken up by Mr.. Richard
son.
Did YOU read what Senator Borah said
in an interview some time ago regard
ing the method Of bringing these rlen
here, saying that If they had not been
would have been here at all?' questioned
Mr.. Richardson.
titan automatic matter interrupted
Senator Borah.
no law" retorted Mr.. Darrow.
''Oh, well, we took the matter TO the
supreme court Of the United States, re-
marked Senator Borah.
Yes and all the court said was that
it would not take jurisdiction" shouted
Mr., Richardson.
Gentlemen" said Judge Wood, kind
ly proceed with the examination
There was a good natured laugh all
around and Mr.. Richardson resumed his
allotted task.
Reached No Conclusion.
Burns said he read about the bringing
of the prisoners from Colorado, but he
came to TO conclusion as to whether
the method was right or wrong. Asked
as to his politics the proposed juror said
he had been a Republican ever since he
was old enough TO be anything;
Then | presume that, generally speak
ing. you are opposed to Democrats" re-
marked Mr.. Richardson.
''Oh, no." smiled the talesman
Suppose it should develop that the
&c nd
nounced Socialist, would that affect your
judgment as to his guilt or innOeence?"
NO"
Suppose he turns out to be an I'M
qualified Socialist. would you give him
the same fair trial you would give an
unqualified Democrat. or, lets say, an
unterrified Democrat
Il can't understand all that" protested
the juror
"Oh. well. never mind. You would
give the defendant a fair trial, wouldn't
your
Did you read what the governor said
about the burning of the university at
Moscow and connecting Socialists with
responsibility THEREFOR asked Mr.. Rich |
ardsOn.
Moscow, Idaho. or Russia o. interposed
Mr. Darrow Of the defense.
idaho" said Mr.. Richardson.
Blu ms said he had not read of the
incident. He was accepted by the de-
tense without challenge.
Numerous TaIesmen.
Mr. Richardson then took I'D the ex-
animation Of Samuel F. Russell. farm |
or, with an immense beard, who had !
been No. J. on the first panel selected, !
ever since last Thursday. Russell said |
he lived at one time in Illinois.
What did you do there?' asked Mr.. |
Richardson.
II split rails
With Abraham Lincoln"
No by myself. and / could beat him |
any way"
A gale Of laughter swept the room.
After you got through splitting rails, |
what did you do?''
We'll my wife taught school and I |
lived on the money"
Again there was an outburst of laugh !
ter.
Did you raise a tamily?''
Small one"
How many
Three"
Did you come to any conclusion from
what YOU read of this case?"
4 call EN- opinions" said the Juror
How recently have you read the pa /
pers?"
up to the time 1 went in the Jury
box.
Then I suppose you stopped?'
You bet; I stopped short"
Asked if his opinion could be changed, |
Russell said:
Could it be changed by the evil |
dence?''
mo, sir"
Then I take it your opinion has not 1
ANYTHING to do with the evidence?''
That's true"
DO you know Senator Borah?"
yes"
What are your politics.
II am a Prohibitionist"
Then you don't vote for Senator b.
No. sir.
Asked if he had ever had any experi- |
7nce as a law officer, Russell said he 1