The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-05-10

wooden man to say So
Ewing said he had served as juror
but once in a capital case and that was
| at the present term oi court
Have you any prejudice against cir
cunlstautial evidence"
mo, not exactly. but ] would be very
careful in. arriving at a decision on snch
"WouId the fact that the defendant
was not in the State at the time OF the
killing but was shown to have advised
encouraged and aided in the killing -
would that influence your verdict pro-
VIded the court instructed YOU tEet sucn
q person was equally responsible %ith
the man who actually did the killing?
II would take the instruction OF the
court"
The examination of Ewing was here
dropped temporarily and MI t!awley
passed on to the second man.
Tire second man. James l.. Ayres, said
he was farmer, married. ana mad lNed
in this county since 1881. lie came TO
this State from Tennessee, Ayres had
q passing acquaintance with Governor
SteunenberE.
''Do you read any OF the Socialist
papers published in this county, asked
u do not, but they have been sent TO
me in the past few months
Ayrcs said some of the papers came
to.him by mail, while others were thrown
into his yard
First Objection OF Defense.
1--WE object to that" interrupted Mr.,
Darrow for the defense, '"The only ques-
tlon here is the bias of this proposed
juror There is nothing to show that
anyone connected With this case had any
thing TO do with these papers. They
have nothing to do with the case
81 have decided 10 allow wide latitude
in this matter" said Judge Wood, "and
for that reason the objection Is over
ruled"
Ayres said the papers bad been COM
Ing for several months. He read one oi
them for a time, but stopped.
why" asked Mr., H2wley.
81 got tired OF IL
Ayres then said he had formed ana eN-
pressed an opinion, lie was challs aged
by the prosecutions. The defense resisted
the challenge. and MI Richardson OF
Haywoods counsel took up the cNamina-
tion OF tie salesman. He drew from
Avres the statement that he felt that he
could render q fair verdict, but 1t would
take considerable evidence TO chanee MS
present opinion.
The prosecution insisted upon the chal-
lengc and II was sustained. As Ayres
stepped out of the box the defense noted
an exception.
Had Decided Opinion.
John c.. breckenridge was called.
Breckenridge said he was grocer anC
had discussed the case pretty thoroughly
with his customers. He had discussed
also the method OF bringing the prisoners
10 Idaho from Colorado and had formed
and expressed q decided opinion. based
upon what ne had read in the news
papers. II the evidence were different
from what he had read, he thought he
could change his opinion he was not
ready. without hearing the evidence, to
decide the fate Of the prisoner
Breckenridge was challenged by the
prosecution. The defense joined in the
challenge this time. and the talesman
was promptly excused
II am glad we agree on something" ="
said Mr. Hawlcy leughingly.
Capt j. Z, Yates. president OF the
Boise Bank of Commerce. was next eN-
amined.
Captain Yates was blunt and mono
syllable in his answers lie said he had
read about the case and discussed it.
Wha, he had heard, however. would not
influence his verdict lie said he had no
bias OF feeling against the prisoner per-
sorally.
Mr. Hawley passed Captain Yates
without challenge and went on with the
! examination OF Henry w. Baker = grocer.