The Fargo forum and daily republican., 1909-05-24

s(COntlnueu from rage OnS.b
nation was excused on the peremptory
challenge of the defsnse.
. H H Otis, merchant OF Mapleton,
was excused by the court for cause.
z. r. Wilson of Wheatland came
out fat footed as opposed to capital
punishment and was excused by the
court.
o. P. Bracht, photographer of
Chaffee, was excused on the perempt
ory challenge of the defense.
t. w. Dorrance, Page liveryman
as well as Oscar Gray of Casselton
were disposed of the same way.
Arthur Smith, merchant of Cassel-
ton who had attended preliminary
hearing in which Simpson was de-
fendant, at Casselton last summer.
He was excused for cause by the
court. h-
TT. Ross of Arthur was the last
witness examined this morning and
stated in answer to the court, that he
was opposed to capital punishment
and would not vote to inflict such
punishment in any case.
No Witnesses for Defense.
AS vet no witness has been sub
uoenaed for the defense and accord
ing to the records Of the clerk of
courts office, none have been issued.
witnesses for the state were all on
hand this morning with the excep-
ton of c. Fl. Hoffman, the carpenter
who witnessed the crime. but who is
now supposed to be in Montana some
where.
Mrs. Estella Miller, colored, who
LEFT the city, was brought back from
Peoria, III, by Sheriff Fl. T. Boyle.
The other witnesses for the state are
Richard Burns, VIM. Butler and John
Smith. all colored, A. w. Andrew, all
Of who witnessed the shooting of
Chares Clarke, in the Eureka restau-
rant the night of April IL. Other
witnesses who will testify are Officers
Mclean and Pickering who made the
arrests, Casius Marcus who sold
Simpson the gun which was used,
Drs. Skelsey, Burton, Kaess and
sorkness who had to do with the .ex-
amining of the body of Clarke and
determining the cause of death.
Entire Lack Of Interest
That there is an entire lack of in
terest on the part Of the public was
evident this morning, there being moi
more than half dozen persons in the
court room. The iurymen were held
! in the lobby, in order that they rnighC
have no knowledge of the racts In the
case as brought out in the examination
of those before them.
The examination of iurymcn is con-
Quoted by Atty. T. H. McEnroe for the
defense and States Atty, A. w. Fow,
ler for the prosecution, who has with
1 him in the case Asst. w. S. STAN
baugh.
w. C. Greene, stenographer in the
state supreme court, is reporting tn,
/ case in the absence of H. G. Edwards
Nate Osgood simon fraser and Cap
tain. Hobson are bailiffs for the spe-
cial session
The Jury Panel.
The following is a ist of the pros.
pective jurors who reported for duty
this morning
Fritz Gross, Alice; T. A. Ross Emb
Eden; M. r. Clancy. Argusville: r. w
! Dorrance, Ayr; A. w Mohr, Buffalo
lO. p Bracht,E Chaffee: David Roth
ECasselton: w. j. Bell, casselton; Ar
thur south, Casselton; Oscar f. Gray
Casseiton; William Hildebrant Daven
port IL l.. Hill. Erie; George r.. Cool
Gardner; IT. f. Clapp. Grandin; Al. s
Duntley, Grandin; W. HI Beard. Hun
ter; T. H. Gale, -4unter; Juliu
a.. Blegen Hickson; Anton. Elsta6
Kindred: C. j. Lund, Kindred; e. w
i ArroId I, leonard. RI H. OTIS Maple
ton; T. a. Thompson, Page; W. "
King, Tower City; B. II HarFolt
Wheatland; Ed. Wilson, Wheatland
Gustave r. Froling, Fargo; e. G. Eddy
Fargo; Harry r. Alsop, Fargo A. A
Love, Fargo; George r. Freeman, Far
90. Charles F. Holmes. Fargo; Williai
Al. Hunter, Fargo; James D. Smitl
Fargo.