The Birmingham age-herald., 1913-05-27

If1E AdE-
quiry differently when asking if a ve-
nreman would be prejudiced against
either party TO the suit.
Would the fact that the defendant
is a neighbor and citizen oil this com
munity while the PLAINTIFF IS a resident
OF distant state prejudice YOU against
the plaintiff2' was the way in effect that
Mr.. Pound put 1t. Mr.. Belden would
ask:
Would the fact that one rarty to this
suit Is a former President of the United
States. while the other is a mere citi-
zen. cause you to give more weight TO
the statements of one side than to those
of the other?"
Five Dismissed
In all, five veniremen were dismissed
for cause. two of these because tbev
failed to comprehend simple questions
asked them. One of them said he could
render a fair decision, regardless of tbs
evidence whereat a litter went round
the room but subsided before the eourt
could utter the warning that hung unon
his lips. The other seemed stricken dumb
an apparent victim of stage fright He
was large blonde man, with a droop-
ing mustache, and hair reached bicb
His lips moved sometimes. but the words
would not come. To give him time to re-
cover, Judge Flanagan deferred the OK
animation but after an hour he was still
unable to articulate, and was excused
He left the building and went To his
boarding house and after the court tool,
recess crowds passing it on their wav
home observed him through a window.
talking with great animation to friend
William Stanaway, clerk, native of
Cornwall England, was asked.
1T has been charged that the plaintiff
was an habitual drunkard and the de-
fense is that the charge was justified.
Would you be able to give the suit a
fair hearing?"
question as being an incorrect Statement
but Stanaway said he would give a fair
hearing. He added he had no precon
eeived notions as to the merits of the
case. W. II. Mathews, a native of Fin
land, who described himself as a ''bottler
of soft drinks" said he knew Mr.. Newett.
that often they met, but did not speak -
He thought he could try the case with
fairness. As was the case with other
veniremen Attorney Pound asked if he
was acquainted with former Congressman
Young. Witness said he knew him
slightly.
c. b. Driscoll, superintendent of con-
for mining company at Neg
aunee, and postmaster there in 1s93-97,
OO
and worked with Newett in political cam
pagns.
You. of course, know H. o. Young?"
asked Mr.. Pound.
Yes"
Dismissed on Challenge
Mr.. Young, a republican, was, till his
recent resignation. member Of Congress
from the Marquette district. The va
ldity of his election was questioned in
the House by the progressives and he
resigned. Driscoll was dismissed on
challenge by Pound, largely because he
admitted discussing the alleged libelous
editorial. John Veale, night watch
man, who was born in Ireland said he
had heard of the suit brought by Colonel
Roosevelt and he had expressed an opin-
ion as to the truth of the alleged libel.
You have that opinion yet, haven't
you?" asked Colonel Roosevelts at
torney
mo, I haven't it now
when did you lose it?''
well, l may have expressed an opin- |
ion and did not believe in it,
You read that article about Colonel
Roosevelt?"
Yes, I did"
did you form an opinion them"
Yes, / did,
Veale was excused for cause.
John |. Keeton. a clerk, had expressed |
an opinion, he said, but was not sure |
what it was. He was excused for cause.
w. A. Wasmuth, a beer salesman, came |
next.
You have taken sides about this ques
ton, haven't you?" asked Attorney Pound.
No" replied the witness.
You have no opinion one way or the
other?"
"No."S
why wasn't everybody talking of it
last October?''
Maybe in Marquette, but not in my
town, Negaunee."
Knew Young Slightly
DO you know Mr.. Young?"
Slightly
Wasmuth also knew the defendant and |
Mr.. Belden, attorney for Newett, casu- |
ally. He declared that he was unbiased, |
having given the case little thought.
DO you want to sit on this jury?''
1T is a matter of indifference to me"
replied the salesman.
He said he was an Elk. belonging to the
Nesaunee lodge, but did not know wheth-
er Newett was a member of the 1shpem
ing Elk lodge. three miles away. Was
muth thought he could be fair, even
though the plaintiff had been president
of the United States
Robert Bruce empoye of lumber
company, said he heard about the charges
against Colonel Roosevelt as published.
but he never read the editorial on which
the alleged libel is based. He said he
knew of no reason why he could not try
the case fairly.
What do you think as to whether a
charge of drunkenness against a man is
serious?'
Il think it is serious charge"
Bruce said he would give no greater
weight to the testimony of Colonel Roose-
Walt f1ap ha RI ha nf NpWAtt
Michael Hennissey, a farmer, said he
never heard any one express an opinion
as to the falsity or truth of the editorial
published about Colonel Roosevelt. He
said he considered such charges serious
if they were not true.
"And of course If they were true the
court would tell you there was no libel
added Attorney Belden. At 5:15 p. M |
court adjourned until 1:30 o'clock tonight. |
Early in the night session Judge Flanni- |
gan addressed the veniremen. saying:
From the time the jury is formed, to |
the return of the verdict, the jury will |
be in close confinement under guard |
of the sheriff. Before counsel exercise
any OF their peremptory challenges l
wish to ask. are there any among you |
who are sick, whose presence at home
for the next week or two is absolutely |
necessary"
To this there were no replies.
Grenfall Excused
Damue Grenfall, miner, coming orig
inally from New Zealand, was excused on
challenge from Mr.. Pound. j.
A. Wassmuth, a beer salesman, went the |
same way. The defense excused George |
a Negaunee miner.
Before being dismissed. because he said |
his detention on the jury perhaps for two |
weeks would seriously interfere with his