New-York tribune., 1907-05-28
NEW BOISE VENIRE OF 81
LUCK IN ODD NUMBERS.
Defence Objects to Panels of Bank
ers-TriaI Hats Until Frddy.

Boise, Idaho May 1.-THE Steunenberg murder
| trial has again been interrupted by the exhaus-
ton of the jury panel. The last man of the sec
ond venire disqualified this afternoon and
Judge Wood postponed the trial until Friday
morning when Sheriff Hodgen is to produce an
! other special venire of sixty-one men. The odd
number jocuarly asked for by the defence
in the hope of changing the luck that has dogged
| the panel of even numbers.
| The work of jury filling is stopped at the va
cancy created by the seventeenth peremptory
challenge. so that there remain three more per-
emptory challenges. Besides that. there is a
chance that Tourtellotte who objected to the in
Fiction of the death penalty, in war or
anarchy, will be excused when 1t comes time to
swear the jury, and Juror Burns, who is suffer-
ing from lumbago, may be excused. Under these
circumstances the jury may not be completed
until some time next week.
Prior to the issuance of the venire z. F.
Richardson. for the defence. strongly intimated
that the previous lists had been made up in
manner unfair to the prisoner. He said that of
the five thousand citizens available for jury duty
fully twelve hundred were members of labor
unions. One hundred and sixty talesmen had
been before the court. vet only of the num-
Der was a member of a labor union. and only
two others were workingmen. He said that there
NeIe Only MY OI SIAiy DdIhtIS III COUNTY,
yet nine of them had been on the lists. He said
that the figures made another singular coinci-
dence, and protested against the drawing of
talesmen from the farmer and mercantile classes
rather than from the main body of citizens.
John Wood. in reply. said that he had abso-
lutte confidence in Sheriff Hodgin. and would
make no suggestion to him as to the manner in
which he made up his lists.
Scruples against capital punishment and pref
udce against the acceptance of circumstantial
evidence. rather than opinions that gave bias.
the stumbling blocks OF the talesmen ex-
amined to-day Man after man averred that he
was against taking human life under any cir
cumstances and they all successfully resisted
attempts TO show that the belief had been
Gently conveniently advanced.
There q long and at times picturesque
fight over the qualification Of Harmon Cox.
veteran, who gave up carpentering to fight
three and a half years in the Civil War. then
Joined the gold rushes of the late COS and
who has now farmed for thirty years. The de-
fence held that Cox did not have sufficient men
tai qualifications to sit in grave case, and
tried for nearly two hours TO disqualify him.
Throughout the examination there was run
ming fire, amusing and serious by turns. by
Clarence Darrow and Senator Borah and the
former alternately demanded and pleaded fCr the
removal OF the juror, Once the juror said that
he would be guided by what his eleven associ-
ates did. but he took that back and finally
passed.
Tourtellotte made another protest against his
retention on the jury. He said that he had
various doubts about his ability TO take the
oath; that he thought both sides We're foolish
to hold him on the jury. and asked that he re-
ceive chance to explain and qualify OF
his answers given on direct examination. Judge
Wood put him off until Friday. when some ac-
ton will probably be taken as to his presence
the jury.
Only corporars guard OF spectators came to
the trial to-day. The prisoner again
active member OF the constant conference at
the defences table His wife and youngest
daughter sat with him at the afternoon session