The daily sentinel., 1908-06-30

feSSiOn. The DEFENSE always insists
that prospective juror must say
definitely that in questions of law
he will follow strictly the instruc-
tions of the court, for it is probable
that this question of the confession
will be, as it was at both trials in
Idaho, a question almost entirely of
law.
The jury box was finally filled this
morning with 12 men who had been
passed for cause by both the prose-
cution and the defense, and from now
until the jury is finally selected and
sworn in there will always be twelve
men in the box. AS soon as one man
is excused by peremptory challenge
his place is filled by another tales
man.
Better progress is being made with
the selection of the jury than had
been anticipated before the trial be-
gan, and it is just possible that a
jury will be selected from the first
panel. However, it is probable that
most of the week will be consumed
in selecting the twelve men to whom
Adams fate will be confided.
M. o. Delaplain. the real estate
man, was the first juror examined at
the morning session by Attorney
II
said he has lived in Grand Junction
Is years. 3 months ands1O days. Mr..
Delaplain stated that he had formed
a fixed opinion as to the defend
ants guilt or innocence, and also
| that he has conscientious scruples
against the infliction of the death
penalty. At this point he was chal-
lenged by the prosecution, but, when
the defense resisted the challenge
| it was withdrawn, and Mr.. Carnahan,
passing Mr.. Delaplain for cause, pro-
ceeded to the examination of the next
juror, j. S. Vaughn, who had been
called to the jury box to take the
place made vacant by j. w. Burk-
halter, who had been excused just
before adjournment yesterday after
noon because he was over the stat
utory age limit for jury service,
which is 60 years.
Mr.. Vaughn, the youngest man
thus far called to the jury box, is a
resident of Grand junction. a native
of Kentucky. He was living in Lead
vile at the time of the Collins muir
der, and said that while he had read
newspaper accounts of the murder,
the affair had made no distinct i'm
preston on his mind, and he had
formed no hard and fast opinion on
the question of the defendants guilt
or innocence.
Judge Hilton began a cross-exam-
ination of Mr. Delaplain as to the
opinion he had formed as to the case,
and soon challenged him. The chal-
lenge was overruled, after the court
had questioned him, eliciting the
opinion that he thought he could give
due weight to the evidence.
At this point Judge Hilton arose.
II desire to enter n protest." he said,
speaking earnestly, against the part
taken by the court in the courts ex-
animation of the jurors. 1t is my
belief that the jurors seek to give
honest answers to the questions of
counsel. They are, however, pecuI-
iarly susceptible to the language and
influence of the court. II is not diff
ficult, therefore, for the court, after
the juror has given answers to coun-
sci that show he is disqualified, to so
lead witness as to make him give
contradictory answers, influenced by
the severe attitude of the COURT
answers that tend to qualify him to
act. 1t is unfair, both to the defense
and to the prosecution, that. after
the jurors have given honest disqual-
flying answers, the court should lead
them into giving answers that again
qualify them. l wish to respectfully
and earnestly to impress this opin-
ion of mine upon the court, impelled
thereto, not by any lack of respect
for the court, nor as desiring to inn
pugn the courts motives, but solely
by a sense of my great responsibility
in this case
Judge Shackleford. in reply, said:
1.-THE court assumes that jurors make
tn fIpSs rf
as to counsel. Under the statutes.
it is the courts duty to judge as to
whether or not a juror is disqualified.
1t is certainly not the desire of the
court to influence in any way the
opinion of any juror"
Continuing with his examination
of Mr.. Delaplain, Judge Hilton Sc
cured from him an admission that