East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-01-24

If either Claud w. Arnold alias
George Tracy or his attorneys expect
cd or hoped to get a line on the evil
dence which the state Of Oregon
would produce to prove that the for
mer was guilty Of the murder OF A.
Rabeal, from the district attorneys
statement Of the case to the jury they
were sadly disappointed. For never
in the history Of the present court
was there a murder case stated to the
jury in so few words as Mr.. Phelps
stated the case this morning.
Both Arnold and his attorneys
eagerly listened to the statement Of
the district attorney and both evi-
denced their keen disappointment
when Mr. Phelps. after stating brief
ly the facts Of the murder. concluded
with the statement. "and the State Of
Oregon viii be able to prove to you
that this defendant committed the
crime"
Not an intimation did he give Of
the testimony by which the state
would prove it. And the defendant
and his attorneys. unless they are
able mind readers. are as much in the
dark on that point rs the public is.
for Sheriff Taylor has spent many
days and nights in working up this
case. securing the evidence piecing
together shreds here and patches
there until he has woven about the
defendant a net so minutely fine and
yet so strong that in the opinion OF
the prosecution only the mercy OF the
Jurors and their disinclination to in
flict the death penalty upon circum-
stantial evidence viii save the de-
fendant from the gallows.
Prisoner Is Nervous.
Arnold is no longer proud and de-
fiant. no longer careless and COM
posed. Twitching his lips. restlessly
INTERVENING his fingers. his restless
eyes shifting quickly from one point
of the court room to the other. he sits
beside his counsel listening intently
10 the examination of the jurors who
are to pass upon his guilt or inns-
cence
Present indications are that several
venires of additional jurors will be
called before II men are selected tn
try the case. At this mornings ses-
sion the first four men up for ex-
animation We're excused for cause. the
fifth was passed and the sixth excused
for cause, and out of the panel of IL
only six were passed for cause.
No idea of what the defense is go
ng to be can be gained from the ex-
animation of the jurors except that OF
he guilt of the defendant. The main
point with the jurors is the inflicting
# the death penalty Of the seven
llready excused for cause six of them
Tere not in favor of the death penalty
While the seventh, Joseph Wurzer. Of
Weston, had some opinions of his own
is 20 what the evidence in cases Of
his kind should be and he was not
Wiling to submit 10 the usual rules Of
violence, therefore the court excused
i'm.
The first Il men in the box were:
'eoree Carnes. G. P. Higgenbottom
'harles stanton Joseph wurzer. VI.
y. LaTue. c. NJ. Price. L. d. Eaton,
ID Byrd. J. SEWERS. Thomas De-
'reece J. II. Christopher and Lloyd
henderson. Upon the examination Of
gorge Carnes. C. p. Higgenbottom.
harles Staten, Joseph Wurzer, c. NJ.
rice and Lloyd Henderson were ex-
used for cause. With the exception
Wurzer the six were not in favor
inflicting the death penalty.
The box was then filled again and
be first man to bat. Louis Rincle