East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-01-25

From sang friod and seeming
over confidence in the inability of the
state to prove the allegation of the
indictment the defense in the Arnold
case this morning changed tactics and
became aggressive and fighting. The
attorneys, Watts & Peterson are Wig
orously fighting for every inch of
right OF way which the accused man
may have TO freedom AS the de-
Tense becomes more and more agres-
sive the prosecution grows more con-
fidont Than ever and District At
torney Phelps and his assistant Mr..
Steiwer smile confidently as the at
torneys for the defense question the
prospective Jurors
The apparently easy Indifference
with which District Attorney Phelps
Is accepting jurors gives color to the
current gossip that the prosecution
believes II has an invincible case
against the defendant District At
torney Phelps accepted the first 12
men passed for cause en- banc and in
toto without blinking an eye lash.
This threw the defense into mild
PaiAlA anu my al Ulltt HtEaH per-
emptorily excusing jurors with an ap-
parent recklessness that astonished
many Of the court room habituees who
have witnessed hard fought criminal
cases. And then too immediately the
defense began questioning the Jurors
more closely and in doing so gave
away their hasd The district attor-
ney. his deputies and the sheriff only
smiled.
The defense II is currently reported
had expected the prosecution 10 put
at least three men off of the box
passed for cause but in this they were
disappointed Mr.. Phelps smiling, and
leaning far back in his chair said
calmly that the state accepted the en-
tire panel. Immediately the defense
began their premptory rights and be-
fore noon today had exhausted the
entire IL challenges allowed by law
But before doing this the defense be-
gan showing their cards.
Defense Shows Hand.
'Do you think it is the duty OF the
state to prove. the defendant guilty
or do you think the defendant should
take the stand and prove his inno-
cence?" Attorney Peterson for the de-
fensc asked OF the jurors. And he
then brought up with:
"If the defendant should not take
the stand at oil would that prejudice
YOU as to his guilt or innocence?"
The prosecution smiled. Some of
the spectators gasped.
'ls the defendant going to make
any defense or is he going TO stake
his life on the inability of the prose
cution TO prove his guilt" This was
the questioning which was current in
the court house this morning. Ell
IDENTIFY, from the tone of the questions
put to the jurors the defendant does
not intend to take the stand, and II |
is a well known fact that of the wit /
nesses he has subpoenaed not one of
them with one possible exception. can T.
know anything at all about the crime /
directly charged IN the indictment. |
His witnesses are from Idaho, Baker ,
City and points distant from the scene !
OF the alleged murder.
The confidence of the prosecution .
Is telling on the defense, They are
with every ounce of fight
that is In them. Like a champion
ship league game the prospective jur,
ors came to bat this uorning with
one, two, three and out. either for
cause or peremptorics. The defense
went behind and turned its flank and
came up with an extra reserve force
from the rear.
As an evidence of the manner in
which they are going after the jury
he defense excused one juror this
after he has answered that
L the evidence was sufficient he would
not hesitate to bring a verdict that
would hang the defendant No soon
,r had the juror delivered himself of
his than the defendant let go of him
real quick.
Drawing Is Interesting.
So interesting is the case growing
hat even the dry examination OF the
Jury is drawing n crowded court room
and when the state opens this after
noon with its big gun It Is anticipated
hat standing room will be at prem
UNI For an unknown defendant,
Arnold is drawing more than any
,ther man ever tried in the local
,ourts. Whether or not he realizes his
position to the fullest extent is diff,
,ult to tell. He sits today as he did