El Paso herald. (El Paso, Tex.) 1901-1931, 1913-11-13

/ Mr.. Fisher was later refused as Juror
( bv the defence The defence peremptOr-
ilv challenged Bradford Hardie, the first
Juror called Wednesday afternoon.
Others challenged were S. i. Hughes and
J. NJ Kelly the last Juror examined
/ Thursday morning. Mr. Kelly said that
he had five children, among which were
( two girls, one II years old. The per
emptOry challenges of the state were
used in the cases of 7. NJ. Mayfield and
J. r. Allen.
The defence in the examination Of
! the Jurors IS asking such questions as;
| DO you belong to any church? Are you
a married MANI Have you any. chill
dren? Have YOU read the eXtra2 Have
vOu any prejudice against the crime of
: criminal ASSAULT" The usual questions
| about prejudice and opinion" are
asked by both the state and the defence.
J NJ Baker, the juror in dispute
( Wednesday afternoon, Thursday morn
ing was recalled. The state agreed to
Norman E. Veazey. c. A. Fuller. J. A.
/ Wilson, J E. Spence, F. 9. Hewitt. G.
A Fox. ". R. GraysOn, H A Mclean,
L S. DeVOre and t A Gray were eX-
( cused Thursday because of opinions.
/ J. r. Allen was accepted by the de-
1 fence but challenged by the state
J N Kelly said that he had sat as
| a juror only in one criminal case. That
/ was at AlamOgOrdO, he said The de-
/ PENDANT, the juror said was on trial
| on a charge Of assault TO murder and
/ was convicted The state took the juror
( but the defence excused him. This ex-
| haUsted the regular panel
Bradford Hardie Challenged.
! Bradford Hardie, the first taleSman
/ opinion formed by newspaper reports
I and "a leaning" He said that he
/ rather thought 1t would require some
] evidence to remove the opinion The
] 0rfrfnU he said 2 fixpd
and that he would not be influenced
I by the fact that an Indictment had
/ been returned He said his opinion
! vas hostile to the defendant, but he
/ had no animOsity towards the de-
} PENDANT. The defence challenged the
7 juror, which was Overruled- The state
! accepted him, but the defence ex-
! cused him
FIRST Juror Accepted.
L S Chaser, % years old, stated that
he did not have an opinion; had never
/ followed the case, and did not know
! the facts. Someone, he said, told him
/ he would sit on the Caples' case, but
! when asked by Mr. Bridgers who it
] was, he did not know.
/ The state accepted the juror. After
Z a consultation between the defendant
/ and his attorneys he was taken by
I istered the oath to him, and the first
/ juror took his seat IN the jury box.
1 He is a carpenter
Question Over n Name.
IneTe was q question raised ABOUT
! J NJ. Baker, the next talesman called
/ His name appeared as j. c." Baker
( on the Tenire- District clerk J. A
! Escajeda secured city directory
| defence challenged the juror, main
/ tanning that under the circumstances
4 the man was not the proper juror
I Judge Jackson overruled the chal-
J lenge. The defence asked for a sub
pena to be issued for J H. Baker. J.
! n Baker was retired from the court
room for the time being
Second Juror Accepted.
c T Carson, in the dry cleaning
{ business said that he did not know
I Ellen Godsey. He could not recall
/ cussed the case with him He said he
! knew n. ". Stanton. but had never
I been represented by him. The juror
| was passed by the state. Questioned
/ by the defence, he stated that neither
: W ". BTidgers or Seymour Thurmond
! had represented him IN any matter He
( said that he had read about the case
/ and had formed a conclusion, but that
1 had been so long ago he had forgot
/ ten it He declared he could give
| the defendant a. fair and impartial trial.
Has Wife and Daughter.
He has a wife, a son and daughter
The defence passed the juror What
/ is your acqua intance with Mr.. Stan
TONI" asked Mr.. Bridgers-
Just know him casually replied
you haven't talked to him recent
I Y about this caSeE'
Both the state and the defence took
Juror Challenged
J. D. Dean, IS years OLD, a chemist
I for the Southwestern Portland Ce
! ment company, to both the state and
/ defence answered that he did not be-
/ Heve he had an opinion on the case,
( but was prejudiced against Caples be-
! cause he understood Caples was
I wild" The defence challenged the
J juror Judge Jackson sustained it.
Harry Allen said he had expressed an
I opinion. The challenge of the de-
| fence was sustained
J. H Hirt was excused by the court
because he said he had formed an
Challenged by Defence.
Fl. W Fisher said that he never sat
on jury in criminal case Mr..
/ ThurmOnd. who is assisting in the
/ prosecution, he said, represented him
J in a divorce proceeding. but that would
/ not influence him After being passed
/ by the state, the juror was examined
Have you any conscientious scru-
/ pies about the infliction Of the death
] penalty" asked Mr.. Weeks
/ stand
aI mean would you be willing to
| hang a MANI" said Weeks. The wit
ness said that it would depend on the
suppose man was charged with
! criminal assault on woman over Is
! years old. would YOU inflict the death
! penalty?" asked Mr.. Weeks
Il wouldn't do it." the Juror re-
/ piled
Mr.. Weeks challenged him
You understand" said judge Jack
{ son to the juror. "the policy of the
/ Law is TO inflict the death penalty for
! certain crimes. Do you agree with the
I policy Of the law2'' The juror said he
1 did Judge Jackson overruled the de-
/ fences challenge The state took the
/ juror, but the defence excused him
Because of opinions, W P. Miller