The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-15

/
/ abiding CONVECTION
| Yes, sir
| we challenge the juror for cause
I for actual bias" said Senator Borah.
| The defense resisted, saying the juror
| had right to put his own weight upon
| the testimony TO be adduced-
Defense Notes an Exception.
Judge Wood allowed the challenge
! and the defense noted an exception
5. NJ Kepner. a farmer, called TO
had both formed and expressed an
opinion. He was Immediately chaI-
| lenged by Senator Borah, the defense
] joining
Judge Wood, in allowing the chal-
Ienge. said. however. that he did not
think the attorneys had taken the ex-
animation of Mr.. kepner far enough
10 actually disqualify him He gave
this warning for the future guidance
OF counsel
Henry OFT. former county commits
sioner of Idaho. followed Mr.. Kepner
in seat No. IL Mr.. OFT said he had
read the case extensively, but had no
feeling OF prejudice against the de-
fendalt He formed an opinion of
what he read but not as to the guilt
or innocence of the accused Asked
If he had any prejudice against labor
unions. Mr.. OFT said not so long as
they are orderly unions
Passed by the state and turned over
to the defense. OFT said II would require
some evidence TO remove the opinion
he had formed from reading neWspa-
pers- He was challenged forthwith by
the defense and Judge Wood excused
him
y. P. Burns. a retired business man.
was the fourth OCCUPANT of chair No
IL al the morning session. He said he
had been a mem Der 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
=. = - r-r, 4
ion. the result OF reading the papers,
but Il was not fixed and would not pre-
vent his giving the defense a fair trial
Burns said he had read of Orchards
confession
Has il prejudiced you against Or
chard as a witness Querfed Senator
Borah-
We'll. I thing it has"
wouldn't you believe him p
Little Faith in Orchard.
I wouldn't give his evidence the
same weight I would some other wit
nesseS
Possibly not" commented Senator
Borah-
Messrs. Darrow and Richardson Of
the defense. laughed loudly az this
Burns was passed by the state with
cut challenge for cause and his ex-
animation taken up by Mr.. Richard
son
Did you read what Senator Borah
garding the method Of bringing these
men here, saying that if they had not
been brought here as they were. they
never would have been here at au?'
questioned Mr.. Richardson.
1t is an axiomatic matter" inter
rupted Senator Borah.
1t would be axiomatic il there was
no law ret0rted Mr.. Darrow-
oh we'll we took the matter TO the
court Of the United States
remarked Senator ROra
Yes. and all the court said was that
II would not take jurisdiction" shout
ed Mr. Richardson
Gentlemen" said Judge Wood. kind
ly proceed with the examination
There was q good natured laugh all
around and Mr. Richardson resumed his
allotted task
Burns said he read about the bringing
Of the prisoners from Colorado. but /
came TO no conclusion as to whether |
the method was right or wrong Asked I
as TO his politics. the proposed juror 7
said he had been a Republican ever
since he was old enough TO be anything I
Then presume that generally 4
speaking you are opposed to Demo- /
Gratis? ," remarked Mr. Richardson.
Oh no." smiled the talesman.
Suppose il should develop that the !
defendant IS an advanced and pro- /
socialist. would that effect your
judgment as 10 his guilt or innocence" /
No"
suppose he turns out TO be an un-
qualified socialist. would you give him !
the same fair trial you would give an /
Democrat-or. let's say. an Il
unterrihed Democrat
Juror Is MuddIed.
I can't understand all that" protest
ed the juror
oh. well. never mind-you would give /
the defendant a fair trial, wouldn't |
you?''
4 would" ]
Did you read what the governor said Z
about the burning of the university II {
Moscow. and connecting socialists with I
therefor? asked MI /
Richardson
Moscow. Idaho. or Russia - interpos- |
ed Mr.. Darrow Of the defense /
Idaho" said Mr.. Richardson.
Burns said he had not read of the in
cident- He was accepted by the defense /
without CHALLENGE
Mr Richardson then took up the ex-
amina ton Of Samuel f Russell a farm
ar. with an. immense beard who had !
been No IL on the first panel selected. /
ever since last Thursday Russell said 4
he lived at one time in Illinois
What did you do therc?-' asked Mr.. /
Richardson
I split rails
With Abraham Lincoln
NO. by myself. and I could beat him
any way"
A gale of laughter swept the room.
After you got through splitting
rails what did you do?"
Wei. my wife taught school and I
lived on the money"
Again there was an outburst of
laughter.
Did you raise a family"
"A small one"
How many2"
Three"
Did You come to any conclusion
from what you read of this case -
He Called En- ODinions.
Il call EN- opinions said the juror
How recently have you read the
papers2"