Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-26
RETURN OF PROF. BELL THIRD VEN|RE MAYBE
10 work This Summer on His Very Difficult to Find Men to
Tetrahedra Kite. Try HAYWOOD
MAI PthftCI AERIAL FLIGHT TALESMENS NOVEL IDEAS
necessary 20 Arrange All Sorts of Excuses
the Details Serving nm Zoe. rug
EXPERIMENTS WILLING TO GAMR1E m vrru,s
Demonrated-Use
Of Gasoline He Was
a Punish
TALESMEN'S NOVEL IDEAS
All Sorts of Excuses Mada to Avoid
Serving on Case.
WILLING TO GAMBLE IN VIEWS
One Man Accepted After a, Had Said
That He Was Opposed to Capt.
tai Punishment.

BOISE. May 25.-The unusual spectacle
OF accepting juror opposed to capital
punishment. except as an extreme measure
for the protection OF society against war
and anarchism. came today in the Steun-
enberg murder trial, and his retention af-
ter he had showed that he was disquali-
hed raises question as to the regularity
of the proceedings.
]. e. Tourtellotte. an architect of Boise
Is the juror. and his retention seemed to be
clearly due to q willingness of both sides
to gamble on his views when the fury
reaches the supreme solution of the case,
the state on the hope that It can meet his
ioeas as to anarchism. the defense on his
opposition to the death penalty.
Acceptance Surprise.
Mr.. Tourtellotte came with thu re., NJ
the talesmen early in the day, and his
direct examination by Senator Borab do.
veloped in a mild way his scr,,n,es asa,ns,
'he inniction OF the death penalty in or,s
nary murder cases. His acceptance hv tho
state was surprise that was within a fev
minutes intensified by the views broupht
Ioeth' by Questions propounded by Clarence
barrow of the defense,
Aourtefiotte swore that he was onnosad
10 capital punishment. except I'm Tina ~
war, ana when society must defend ITSELF
AGAINST organizations seeking to destroy II.
-. oeciareo that society had no right To
take from man anything 1t could not
give, but as for anarchists, II thew were
w we kiha 90. Oh men he thought they were, he
seemed under the impression that Sena.Sr
noran was not in earnest, and, proba biy on
that theory. passed him. too va
A Curious Situation.
when the jury filed In after luncheon
iourteiiotte stood in his place, and. claim
ing the attention of the court, said that be
was disqualified to serve In the case. He
again asserted that he was opposed to CAPT.
tai punishment, and pointed out that IL
would be impossible for him to take the
oath necessary at the outset of the trial
suoge WOOD read the statute covering the
matter, and it showed that a Juror having
conscientious scruples against capital nun.
ishment could not be permitted or REQUIRED
20 serve. He asked counsel what they had
To say about the matter
Tourtellotte Questioned Further.
Senator Borah questioned Tourtellotte
further on his willingness to inffict the
death penalty on the members of an organ
fzation seeking to- destroy society, saying
that the state was willing to rest its case
on this proposition. Tourtellotte restated
his position as to anarchy. but protested
that this was case Of one man being
tired for murder. Ills answers however.
satisfied the state. s1i.:T.,-+ So
Neithep side would challenge nor offer
any further suggestion. and there the mat
ter rested. Counsel for the state said
privately after adjournment that the Incl
dent could not constitute error in the case
and that there existed no means whereby
either side could in future plead It. 1t is
thought probable that when 1t comes time
to swear the jury Tourtellotte will refuse
the oath and compel the court TO excuse
him from serving. seF a
Two Talesmen Qualify.
Both sides found a pay streak of quail
fication in the second section of the special
venire, and beside Tourtellotte, two other
talesmen qualified. They are Finley Nc
Bean, whose examination was In progress
at, adjournment last night. and T. F. Crow.
retired farmer. who now lends q little
money for living. Crow was almost i'm
mediately challenged by the defense. The
defense also challenged John Whitlock to-
day and the state challenged George Nc
Intyre.
Prospects Of Third venire.
The vacancy created by the sixteenth
peremptory challenge is still untitled. There
are four peremptory challenges unexpended
and there are twelve talesmen OF the Sec
streak ran out before the day was over.
and unless there Is good luck with the
little group Of unusued taiesmen there will
have to be another adjournment some time
on Monday and third special venire
The long strain Of getting a jury seems
to be showing on the nerves Of those who
are doing the work. Today when the state
challenged a talesman for bias, Attorney
Richardson remarked that the state had
tried hard enough to qualify him, James
H. Hawley took serious offense at the re-
mark, and said that 1t was untrue, and
asked for the protection Of the court, say
Ing that things were going to be oIsferent
from now on. Judge Wood told him to sit
down, but the order had to be repeated be-
fore 1t was obeyed. The court continues to
stiffen against the release Of talesmen on
light and frivolous excuses. Judge Wood
today took hand In the examination and
made sure of the existence of disqualified
ton before Diminishing a talesman.