The daily sentinel., 1908-06-30

his opinion was so fixed and positive
that it would take considerable evil
dence to remove it. though he said
he thought he could give the defend
ant the benefit of the presumption
of innocence. Judge Hilton again
challenged Mr.. Delaplain, and the
challenge was overruled. More ques-
tions by Judge Hilton tended to show
that Mr.. Delaplain's opinion was
quite fixed, and again challenge
was lodged against him and over
ruled. Evidently at the end of his
resources, Judge Hilton asked the
question: 'Mr.> Delaplain, if you
were defendant, would you be will
ing to be tried by a juror who has
the same mind ON this question that
you have now.'
81 most certainly would not re-
piled Mr. Delaplain, emphatically.
This time Judge Hilton's ,chal-
lenge was sustained and Mr.. Della
plain was excused.
d. w. Lervy, a rancher living two
miles from Grand Junction, was call
ed to take Mr.. Delaplain's place.
Under Mr.. Carnahan-s questioning
he said he had lived for fourteen
years in Mesa county, coming here
from Wisconsin, of which state he is
a native. He said he had an opinion
on the case and had discussed 1t. He
was passed for cause by the prose-
cution.
Judge Hilton, for the defense, ex-
amined Mr. Vaughn as to the opin-
ion he had formed concerning the
case. Twice Mr. Vaughn was chal-
lenged. but each time court over
ruled the challenge, holding that Mr..
Vauhn's opinion was not so fixed as
to disqualify him from service on
the jury.
Judge Hilton then took up the ex-
animation of Mr.. Lervy. The juror
said that though he had discussed
the case at some length it had been
more in relation to the confession
and the manner in when 1t had been
obtained than as to the guilt or in
nocence of the defendant. AS to the
latter, he said his opinion had scarce
ly been fixed The juror was passed
for cause by the defense.
James Clark, examined by the de-
Tense, said that once before he had
acted as a juror in murder trial.
While Mr.. Carnahan of the prosecu-
ton had once acted as his counsel,
Mr.. Clark said that fact would not
influence his verdict. He said that
had never known any of the wit
nesses in the case and had never
lived in a mining camp. He was
passed for cause by the defense.
During George Young's examina
ton by the defense, it transpired
that for Is months he had worked
in the roundhouse at Salida, though
he is not a union man. He came
from Illinois subsequent to the Col
Inns murder, and had never heard of
the case until he was summoned to
appear on the jury. He said he
would hold to his own idea of right
and wrong, even If by doing SO he
should cause disagreement of the
jury. He was passed for cause.
Walter Farmer, occupying chair
No. IL in the jury box, was next ex-
amined. He said the opinion he had
expressed concerning the case was
not fixed, and would not prevent him
from extending to the defendant the
of innocence.
Judge Hilton then proceeded to
the examination of the twelfth jur-
or. G. P. Edgerly of DeBeque.
Mr.. Edgerly said that, while he |
had an opinion in the case, it was
not fixed or definite, and he could |
lay 1T aside IL called upon to serve |
on the jury. He was passed for
cause by the defense. thus filling the |
jury box with twelve men, passed
for cause both by the prosecution