The daily sentinel., 1908-07-01

A. Corcoran, young stockman
was then called. He was in the east
on a visit at the time of the Collins
murder, and said he had no opinion
as to the case, but said there were
reasons why he thought he could not
try the case fairly.
! The defense resisted the states
challenge, and Judge Hilton ques-
toned the talesman.
Can you not consider the case
| merely from the law and the evil
dence?"
."No, SIR
Your prejudice is so strong as to
be the prejudice of the defense on
the prosecution.
81 think ii would"
'Is your prejudice question of
fact or law"
'Of fact"
"Is it a prejudice affecting the
credibility of any witness sworn in
the cause?"
'It might be-"
Gould you not be governed as to
the credibility of witnesses by the
courts instructions?"
The prosecution objected to this
question, but the court permitted it
to stand.
81 might not be able to follow the
nourt's instructions" replied Mr.
Corcoran; IL rather doubt my ability
to do so,-but think | could give
the defendant the benefit of the pre-
sumption of innocence.
Mr.. Corcoran, however, said he
felt he could not serve impartially
| and was therefore excused.
Dave Kane. proprietor of the Pa
cific saloon in this city. was next
called. He said he first heard
Adams name connected with the Col
Inns murder at the time of the Hay
wood trial in Idaho.
Have you discussed the matter
with any patrons of your saloon?"
asked Attorney Selig.
Not to any extent"
| Have you not discussed the case
with Mr.. Whitsell of the defense in
your saloon?"
81 don't know him
On his being pointed out by Mr..
Selig Mr.. Kane said he had never
seen the attorney before.
Mr.. Kane admitted that he had a
prejudice in connection with the
case, which he felt would prevent
him from giving both parties justice.
He was therefore challenged for
cause by the state.
Questioned by Mr.. Wheeler, Mr..
Kane said he had formed no opinion
as to the guilt or innocence of the de-
fendant His opinion related entire
ly to some extraneous matter that
may arise in connection with the
case. Later he said 1t was merely
a desire he had as to the outcome OF
the case. He said his desire was sc
strong as to prevent him from giving
due weight to the law and the evi.
dence.
David M. Williams, next called
said he is a ranchman, living five
miles east of town. He is Welsh
man, who has lived 13 years in the
Grand valley. He said he had reaG
but little of the case and held nc
opinion concerning it. He was pass
ed for cause by the prosecution.
DO you know of any reason why
you cannot sit in this case?" asked
Attorney Wheeler for the defense
There may be certain evidence
introduced"
That might prejudice your"
Yes,-by certain people,
But you are entirely unprejud-
iced now?"
Eyes"
And you would follow the courts
instructions?"
Yes"
The defense then passed the juror
for cause.
Attorney Selig for the state secur
ed permission further to interrogatt
Mr.. Williams. He said his prejud
ice was not directed against any
certain sources of testimony.
He said he would follow the courts
instructions in regard to circum-
stntial evidence
do you have any prejudice
against detectives" asked Mr.. Selig
NO
Mr.. Williams was then accepted as
"A juror, and the prosecution created
a stir of excitement by announcing
that they would accept the jury as
then constituted, waving challenge
The defense, however, exercised
their eighth peremptory challenge
and excused Henry A. Clark. The
court then took recess until
O'Clock.
THE JURY AS 1T STANDS.
(Subject to PeremptOry Challenge