El Paso herald. (El Paso, Tex.) 1901-1931, 1910-10-05

ne ndd formed liked opinion Bruce
Section, a feed merchant, was chal-
lenged and excused for the same rea-
son.
Fifth PeremptOry Challenge.
Edgar Held, a merchandise broker,
was challenged for cause by the de-
fence, after he had stated that he had
formed an opinion. The court overruled
the challenge and the venireman was
held to be qualified. The state took
the juror and the defence excused him
with peremptory challenge.
More Excuses.
A Camoze, an ice cream dealer, was
challenged by the state and excused by
the court because of scruples against
the death penalty Dick Newton, a sa-
loonkeeper was excused for the same
reason. David Bloch. manager of the
Bloch Millinery company, was excused
because he was not a householder or
freeholder. II. Heineman, a real es-
tate agent, was excused because he had
a fixed opinion. r. II. Snyder. a Jew
eler, was challenged and excused be-
cause of the death penalty scruples 7.
l. Broyles was also excused for the
same cause. G. A. frost. an architect,
was excused because he had formed an
opinion. August Andreas, vice presi-
dent of the City National bank, was
challenged by the defence for cause,
the challenge being overruled after he
had stated that he had formed an
opinion.
r. P Talpis was excused by the
court for cause. he having scruples
against inflicting the death penalty
H. S. Potter. local manager of the
street railway company, was also ex-
cused, having scruples against capt.
tai punishment.
W. Pettus, a salesman for D. NJ.
Payne, stated that on the afternoon of
Mr.. Kohlberg's death he heard of it
and went to the Southern hotel to see
if a statement said to have been made
TO him that John Leech had killed
Kohlberg," was true but that be
found that Leech was not there Mr.
Pettus, upon further examination, was
excused by the state.
Clyde Holmes, the next prospective
juror, stated that he had no scruples
against capital punishment. and that
in spite Of the opinion he had formed,
he would be able to give the defend
ant a fair and impartial trial He
later stated. however, that he was
prejudiced against the defendant and
he was excused by the court on the
challenge of the defence.
n. G. Buchoz was excused by the
court having an opinion in the case.
Richard Ainsa was excused by the
court, having scruples against the in
Fiction of the death penalty.
c. Farmer of the Ramona, flats
when examined stated that he was a
member of the Order of Railway
Trainmen, as is Leech. Mr. Farmer
was then asked: Are you biased for
or prejudiced against the DEFENDANT
On the answer Yes" the state reg
istered a challenge and short recess
was taken in order to look up the law
in the case it being charged that the
answer might be taken to consider
that Farmers opinion might have
weight with his verdict in the event
he was chosen as juror He was
finally excused by the court
7. NJ Wingo, president of the Ameri-
can National bank, next examined,
stated that he had scrupies against
capital punishment based upon circum-
stantial evidence only; that he had an
opinion in the case; that the opinion
was adverse to the defendant and that
he was prejujdiced. The defence then
registered a challenge and it was sus-
tanned by the court.