The daily sentinel., 1908-06-30

and the defense.
1t was at this point that Judge
| Hilton, for the defense. entered a
motion praying for the discharge Of
the entire panel. His petition gave
the following reasons why the panel
should be discharged:
mo list of jurors of any kind was
served on the defendant until the
names were read by the district clerk
at the opening of court Monday
morning.
| mo opportunity had been afford
ed the defendant or his counsel to
inquire concerning the individual
| jurors constituting the panel, as re-
quired by law.
! "The list was served while the
names of the jurors to constitute the
, petit jury to try the defendant were
being called, and while such jurors
| were taking their places in the box.
LAS shown by the return of the
sheriff on THE venire issued large
number of jurors were summoned
| to appear in court less than five days
from the date of such service
Judge Hilton stated that only 80
of the SO jurors summoned had been
given the required five days notice
Without argument from either
court.
1.-THE people may now make their
first peremptory challenge" said the
court.
And Deputy District Attorney Fry
excused John Echer. the juror who
had been a teamster at one time at
the Ouray mines.
Dan Kinney of Collbran was called
to take Mr.. Eschers place in the Jury
box. He is native of Utah, but has
lived 19 years in Mesa county as
stockraiser and ranchman. He said
he had discussed the case and had
formed an opinion as to the defend
ants guilt or innocence. and was
not certain whether he could go into
the jury box with free mind La
ter. however, under Mr. Carnallan's
questioning, he said he thought he
was qualified to act as a juror.
Attorney S. n. Wheeler examined
the juror for the defense. Mr.. Kin
ney said he would not care to be
tried by a juror who had the same
state of mind as his, and he was
thereupon challenged. Judge Shack
leford questioned him, and sustained
the challenge.
H. w. Blackstone was called. He
is the second young man to be called
to the jury. He is jeweler at Pal
isade; a native of South Dakota.
where he was living at the time of
the Cnllins murder. Mr.. Blackstone,
however, said he had formed such
fixed opinion as to the defendants
guilt or innocence that he felt him
self unable to give a fair hearing to
the evidence. He was therefore
challenged by the prosecution and |
excused.
F. F. Knowles, carpenter and
rancher of Fruita, took his place. |
He is native of Maine, who has
lived in this county twelve years. |
He had heard of the Collins murder, |
and discussed it somewhat, but had |
formed no strong opinion. His ex-
animation consumed considerable |
time, but he was finally passed for |
cause by both sides
The defense then exercised their |
first peremptory challenge, excusing |
G. p. Edgerly of DeBeque.
T. C. Matlach. the we'll known |
fruit grower, was called to the jury |
box. He came to the Grand valley |
6 " years ago. He said he first |
heard of the Adams case a few weeks |
ago, and could not say that he had |
formed an opinion concerning the
case, never having engaged in a dis
cussion. of the case nor having ex-
pressed an opinion concerning 1t. He |
was passed for cause by the prosecn-t