Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-07-13

Dufva. Charles Gustafson. w. B. Sam
mel. F. B. Walker and Irwin Cox, all of
Moline. Counsel for the defense dis
missed Kelso, Nelson, Dufva, Gustaf-
son, J. B. Walker. H. X Walker and
Cox for cause. The other four were
peremptorily dismissals
Judge E. c. Graves, from the bench,
took a more active hand in the ex-
animation of jurors this morning than
at any time since the effort to fill the
jurors box with satisfactory csadi-
dates was commenced last Friday. For
the benefit of the men called into the
box, the court very briefly asserted
the charge under which Bruner and
Magill are being tried, so there would
be no prospect of misunderstanding
the questions of counsel on this score
"The indictment against the defend
ants, Bruner and Magill, charges them
with Jointly entering into conspiracy
with intent to do illegal acts Injurious
to the administration of public Justice
stated the court.
Have Opinions.
The majority of the veniremen ex-
amined this morning confessed, under
cross examination, that they had fixed
opinions regarding the guilt or inno-
cence of the defendants and a great
part of Attorney Kenworthy's ques-
tioning was of psychological import
an attempt to correctly analyze the
attitude of mind with which the sew
eral witnesses, claiming to have fixed
opinions, gained for the most part
from reading the newspaper accounts
of the charges and the proceedings,
would enter this trial
In examing George Sexton, Rock Is
land clothing merchant, the final act
before the noon adjournment, Attor-
ney Kenworthy put such a question
as this to test the witness attitude of
mind in the light of a statement that
he had a fixed opinion in the matter:
do you feel in your own mind that
if you are selected now as a juror to
try this case that you can assume that
attitude of mind presuming the de-
PENDANTS innocent, and continue that
attitude throughout this trial. unless
you are driven to believe beyond all
reasonable doubt that they are not?"
Objects to Word.
Prosecutor Wood objected to the
employment of the word driven" in
this connection, and the court took up
the point. Judge Graves yielded with
Wood in the objection, although he
said the use of the word was not i'm
proper if it were definitely understood
by the witness. The idea of driven
leaves one to assume, the court said.
that there is an attitude of mind that
is opposed to accept the evidence as
it may be presented. Attorney Ken !
worthy took exception to the objection, |
declaring it was proper in criminal |
How ever, Kenworthy. in putting the |
cue tion again, modified his phrase /
ology, and concluded with unless you |
are convinced beyond all reasonable |
doubt, etc.
The examination this morning re-
vealed the fact that it is going to be |
a difficult task to select II men for |
Jury service in this case who have had |
absolutely no previous knowledge !
bordering on the charges and their
): snifcance. The extended reports OF
-he proceedings in bringing the de-
fenGants to trial since the indictment
against them was returned by he Jam
nary grand jury, as printed in tri-city
newspapers, have been scanned in
every section of the county, and, while
A good many of the prospective jurors
called to the box declared they had
formed no definite opinion directly
oearing on the guilt or innocence of
3rune~ and Magill, the circumstances
ire we'll known. 1t is probable that
another special panel will have to be
summoned before the j. mea are Sc
eGt"d.
T.y to EveGe Service.
Judge Graves raped at several of
he witnesses who declared they held
liked opinions, and he asked them
frankly if they were making such state
nents in the hope of evading jury SER
rice. Whrn Clark Gamble called out
he name Frank Swanson of Moline
o enter the jury box, there was no
esponse. Judge Graves explained he
lad excused him for the morning for
,ood reasons. and stated he must come
when called for. The court proved
his lacrnins in several cases that he
5 not 20 be ;enient in the granting of
from jury service without an
unusually satisfactory reason.
A ripple of laughter spread over the
ourtr1Cll during the forenoon session
when several of the jurymen were
cen 10 rise in the:c seats in sudden
IrU=:Se - queer n )ise from the rear
( the rCc.u was cause for the startle,
md Investigation showed the author
O lie sheriff Brunei .saged il. lover
ne a sha Oh one of TIE re IT wiz
ows.