The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-14
MIGHT Be WORSE.
Reply of a Talesman When
Asked by Attorney DarrOW
How He Would Like to Be in
HayWOOd's Place.
FIVECHAIRS AREF FULL
Prejudice Against CircumStan-
tial Evidence Brings Challenge.
Free Circulation of Socialist
Papers Is Shown.
FIVE CHAIRS ARE FULL

Boise, Idaho. May 14.-The line of
preliminary progress toward the en-
paneling of a jury to try William D.
Haywood for the alleged murder of
! Frank Steunenberg has crossed the
| front row of the jury box and by this
| afternoon will pass into the rear line.
The fifth decentralization Pride. a
young farmer-was passed shortly af-
/ ter IL, and when court rose for the
noon recess the examination to fill the
sixth chair was in progress. The de-
fense must still examine the entire
sixth row before peremptory chaIIeng-
/ ing can commence.
Mr.. Darrow. who today for the first
/ time took up the examination of tales
men, gave a tone of solemnity to the
/ proceedings at the conclusion of his
( examination of Talesman Pride. Ad-
vancfng to a point where he imme-
dfately faced the talesmen he leaned
forward and in an impressive voice
asked him if he were on trial for his
/ life if he would be prepared to be tried
( by , men in his frame of mind.
Pride first said that he hated to
contemplate such thing at ALL" and
that the defendant could do worse" :"
in jurors than he was. Pride said that
he did not want to serve on the jury
but that he would do his duty fairly.
j. L Waggoner. the member of the
original panel who figured as the COM
pIa1nanI IN the alleged bribery episode
was challenged by the defense on the
general measure that his experience in
the case untitled him for service in the
case, contention which he admitted
was well founded and Judge Wood sus-
tanned the challenge.
Two talesmen from the special
venire developed frremovabIe preju-
dice against circumstantial. evidence
and went down before challenges from
the state.
The frae circulation ~ Socia1isf no
pers throughout Ada county was
shown again. this time. during the ex-
animation of Talesman Pride.
The Proceedings in Detail.
Boise. Idaho, May 14.-With IL
men in the box. four of whom had
been passed without challenge for
cause by both sides, the examination
of talesmen for duty on the Haywood
jury was resumed shortly after 10
clock this morning The confined
jury panel early today took a long
, walk in the hills back of Boise. Three
deputies accompanied them.
Clarence s Darrow. of Chicago.
took up the examination for the de-
fense today, beginning with J. L.
Waggoner, in seat No. 3. Waggoner
is the man who was complainant in
the case against w. n. Yost, who was
recently charged with having ap-
preached proposed juror. Mr. Oar
row asked Waggoner about this ex-
perience with Yost.
Did you have any opinion as to
which side the man came from
whether the state or defense -
Yes, 1 had an opinion" replied
Did he desire to influence your
opinion in this case?"
Il don't know"
But you swore he did in your af-
1davit against the mani"
1.-The complaint was drawn up and
swore to it,
then
been affected by all you have heard
and done in this case - asked Mr..
Darrow-
Il guess it has" replied Waggoner
Waggcner was finally excused by
consent, and J. W. Smeed. a livery
man, was called to occupy the vacant
seat
Smeed was questioned first by Mr..
Hawley. for the state. He said he
had heard the case discussed but not
to any great extent. No strangers had
ever attempted to discuss the matter
with him and he had taken no par
ticuIar interest in il. He had read of
the case from time TO time in the To-
cal papers.
Have you formed an opinion ?"
asked Mr.. Hawley.
II have thought about the case
about the probable outcome I
can't say 1 have any definite opinion.
guilty he ought to be punished and if
he is not guilty he ought to be turned
loose.
Challenge by the State.
Smeed said he had also thought of
the manner in which the defendant
was brought from Colorado to Idaho
and had made up his mind as to
whether it was right or wrong. He
claimed to have strong prejudice
against circumstantial evidence and
this called forth a challenge from the
state.
1--WE deny challenge" quickly in
terposed three of the attorneys for the
defense in unison
Judge Wood interrogated the tales
men
do you mean to say that If the
court instructed you that circum-
stantiaI evidence was proper evidence
you would not take the ruling of the
court -
Not altogether" replied Smeed.
If the evidence was all cfrcumstantial
the talesman declared. he would not
convict a man of murder
The prosecution renewed its challenge
on the ground of bias
I'VE will state in advance" said MI
Hawley that our evidence will be
largely circumstantial in this case. This
juror had admitted he cannot act with
impartiality."
The defense again resisted the chaI-
lenge and further questioned the tales
man.
He insisted he would want actual as
well as circumstantial evidence.
.aThe court will allow the challenge
for actual bias" ruled Judge Wood
The defense noted an exception
Allen Pride, a farmer. next was called
to seat No. s. He answered satisfactor-
fly all the questions propounded by the
attorneys for the state and was quickly
turned over to the defense for exam
ination. Pride insisted that he had no
fixed opinion one way OF the other The
only thing he knew about the case was