The daily sentinel., 1908-06-30

ton. H'..N
"of course" said Mr. Matlach. in
answer to a question by Judge Hill
ton, Il make allowances for what
read in the newspapers. ! don't be-
lieve everything that is printed
Though questioned at some length
by Judge Hilton, there was no rea-
SON developed why he was not quail
flied to sit as a Juror, and he was
therefore passed for cause.
The prosecution then exercised its
second peremptory challenge, excus-
ing F. F. Knowles.
Adam Rettig was then called. He
is native of Germany, but has lived
in Colorado. at Denver, for "a years.
He is butcher. He said, in answer
to Mr. Carnahan's questions, that
he had friends in Telluride, who
were compelled to leave during the
labor troubles. With them and with
others he has discussed the case, ex
pressing his opinion, which is fixed.
he said, and might go with him into
the case. He was challenged by the
prosecution, and excused by the
court. after having stated that he
felt that he was unable. holding his
present opinion, to give fair weight
to the evidence.
Walter Goshen was next called.
and. not being in the court room,
writ of attachment was ordered is
sued. Before it was served, howev-
er, he rushed into the court room. ex-.
planning to the court that he had
merely gone out to get a drink of
water
I've ordered writ of attach
ment,' said the court, ''and, if the
clerk has issued it, you will have to
pay for it
"All right said Mr.. Goslen, "just
SO it doesn't exceed by fee"
In answer to Mr.. Carnahan's ques-
tions, Mr.. Goslen stated that he had
read about the case and formed such
an opinion as would require consid-
cradle evidence to change. He was
challenged. and, the defense assent
ing. was excused.
The next juror called-C. d. Bur-
kett of Fruita-is a baker, and re-
fused to take an oath, so a simple
affirmation was administered by
Clerk Primrose.
Mr.. Burkett said that at the time
of the Collins murder he was resi-
dent of Saguache county, and so was
unacquainted with the facts, and had
formed no opinion on the case. Be-
ing Quaker, however, he, of course,
has conscientious scruples against
the infiiction of the death penalty, in
any case whatsoever. He was there
fore challenged by the prosecution
Judge Hilton resisted the chal-
lenge, holding that, inasmuch as a
jury under the laws as they at pres
ent exist has the election of saying
whether man convicted of first de-
gree murder should be hanged or
suffer life Imprisonment, the fact
that juror is opposed to capital
punishment should not operate as a
disqualifying cause. Judge Shackle-
ford held, however, that the peoples
challenge should be sustained. and |
Mr.. Burkett was therefore excused !
ID. o. Bulls of Grand junction. a |
farmer, was called. He. too, stated
against the death penalty. His opin-
ion on this subject was very positive,
and he was therefore excused against
the protest of the defense.
Matt Lane, the old-time Fruita
was called to the jury box.
The prosecution elected the fact that
Mr.. Lane had once, for a short time,
worked as miner. He said, how
ever, that he had formed no opinion
concerning the case. He was passed
for cause by the prosecution.
In answer to Judge Hilton's ques-
tions, Mr.. Lane said he had never
before served on a jury. He was
passed by the defense.
The defense then exercised its sec
ond peremptory challenge, the ak
falling on Mr.. Mat1ach.
The noon hour having arrived, the
jury was then excused, while Judge
Hilton, for the defense, took up the
of the defendant for the
and payment of the de-
witnesses by the state, the
defendant in his application alleging
that he is without means and unable
to pay for the attendance of his wit
nesses. = =
District Attorney Selig opposed
the granting of the application, stat
ing that 1t did not conform to the