El Paso herald. (El Paso, Tex.) 1901-1931, 1910-10-05
SECURE SIXTH MAN
On LEIGH CASE
JURY
CONTINUED From Page One,


tation twice Wednesday morning re-
garding the qualifications and desira-
bility of. prospecting jurymen, while at
torney Gardner consulted with Mrs
Leecn in the rotunda of the court
house regarding some aspect of the
case.
"ScrupIe Man" Excused.
Judge Patrick Henry Clarke added
the only note of merriment to the trial
Wednesday. While examining Charles
Steter for his qualifications as a house
and freebooter the venireman said that
he had scruples against the death pen
atty.
This is the scrupIe man." the judge
said in his rich Irish brogue, pointing
to district attorney Howe who was
again in charge of the examination of
the venire. This got a laugh from the
attorneys, jury and spectators, in which
judge Clarke Joined.
The veniremen excused Wednesday,,
ecaped jury duty on a number of
causes. The greater number gave the
fact that they had scruples against the
death penalty or had a fixed opinion
regarding the case as their reason for
exemption. A few were excused be-
cause they were not householders or
freeholders, while two were subject to
the peremptory challenge. one each by
total number of peremptory challenges
nine the state having used its second
Tuesday afternoon in eXcusing Wins
ton Pettus.
T. a. Thurston, a public accountant,
was excused by reason of death PEN
atty scruples. F. L. Pitman, livestock
commission dealer, was excused for
having a fixed opinion ]. R thinner
man, a public motorcyclist, having
scruples, was excused. Jim Paul, was
excused because of fixed opinions w.
D. Mayfield, head of the Mayfield Real
ty company, was accepted by the state
and excused by perempfory challege by
the defence. Fred Wright. a contractor,
was challenged by the defence for hav-
ing a fixed opinion and excused. j. r.
Strickland was excused for having
fixed opinion. Larry Ford, saloon
keeper. was excused because of scru-
pies against the death penalty. L. S.
Petross was not the person summoned
and was excused. J. w Warden was
excused because of scrupleS, against
the death penalty.
Fifth Juror Accepted.
H NJ Goldoft was excused because
Of scrupies. J. J. Watts, of Behr &
Watts was excused because of scru-
pies against the death penalty. c. H
Stetter was also excused for the same
field Realty company was challenged
by the defence in which the state join
ed, the cause being a fixed opinion. j.
F Kilburn cattleman, who came
here from his ranch on the S. P. in New
Mexico, was taken by both sides and
sworn T. E. Thornton was not a house
holder and was excused. n. Solomon,
a clothing dealer, was challenged by
the defence and excused by the court
after a long examination.
State Uses Third Challenge.
R. NJ Harvey, a groceryman, was
challenged by the late on its third
peremptory challenge and excused.
Jack Crawford, a contractor, was ex-
cused because of fixed opinions. A.
W. Reeves. traffic manager of the
chamber of commerce, was excused. not
being a householder. c. A. Donell was
excused for the same cause. DR.. o. G.
Reum was excused by claiming exemp
ton as a practicing physician. Max
Posener, millinery store owner, was eX-
cused because of fixed scruples. c. B.
Ardoin, meat dealer, was excused as
having a fixed opinion. NJ. CoblentZ,
of the White House store. was ex-
ceused because of scrupIes. w L. Prin-
gle, a contractor, was excused because
of having a fixed opinion. J. W. VIII
key, a contractor. was accepted as the
Wolfe, a teller at the State National
bank, was excused because of scru-
pies.
Another Man With ScrupIes.
Sam Milliron, an electrician, stated
that he had scruples against inf1icting
the. death penalty, and was challenged
by the state. Judge Wharton asked per-
mission to question the venireman. This
was refused and Milliron was excused
by the court. J. H. C'Pete") Adams, a
saloonk eeper, was excused after being
challenged by the state because he said