Evening capital news. (Boise, Idaho) 1901-1927, 1916-10-13
JURY IS SECURED
FOR ARSON TRIAL
Testimony Introduced by
State in Case of Sheehan
and Gillum.

afternoon in the arson case in which
Mack Gillum and Doc j. A, Shee-
han are charged Jointly with the burn
ing of the formers home on Franklin
street on the night of November IL,
1915, for the purpose of defrauding the
insurance companies.
|; Nearly two days were required in
the securing of jury and a total Of
SO men were called to the box before q
jury was obtained. Eleven of the men
called were dismissed for cause the
defense exercised five of its per-emp-
tory challenges and the state three
Last evening the jury was accepted
and sworn and all was in readiness for
the beginning Of taking testimony on
the opening of the case at 30 o'clock
today.
There was somewhat of a stir in the
court room this morning when Ray
mond L. Givens, attorney for the state,
asked permission of the court to fur
Their examine B. e. Sheffield, who was
accepted yesterday by the state as one
OF the Jurors. The Juror on direct
examination testified that he knew
there was such man as DOC" Shee-
han, but that he did not know him.
Paris Martin, a notary public, was then
placed on the stand and testified to
the fact that Sheffield had made an
affidavit in the abatement house cases
about year ago. The Juror suffered
lapse of memory concerning the af-
fidavit, which was produced in court,
whereupon he was excused by Judge
Davis because of possible friendship
to the defendant. His further exami-
nation and his challenge was strongly
resisted by the attorneys for the de-
PENDANTS. 1t became necessary to draw
five more names from the jury box and
the additional men were summoned to
appear in court at 1:15 this afternoon.
The final juryman, J. J. Fisher, was
secured on short order this afternoon
after court re-opened and the person.
mel of the jury now stands Jerry will
liams. A. 8. Stansbury, Judson Spot
ford, H. e. Gesell, C. C. Casad. c. r.
Maxwell. George B. Rogers, C. Miller.
Allan Adair w. S. Laird, E. E. Butler
and j. j. Fisher.
OPENING STATEMENT.
Raymond L. Givens in his opening
statement to the jury said the state
expected to show that q conspiracy
was entered into between Mack Gillum
and DOC" Sheehan to burn the home
of Gillum, that Gillum moved out his
family and that two attempts were
made by Sheehan to burn the prop
erty, the first being unsuccessful and
further that there were several sepa-
rate and distinct fires In the house.
which Sas not entirely destroyed and
also referred to statements made by
both the defendants, which, he said,
would be shown In the testimony to
connect them with the crime.
w. j. Abs, of the Boise Title &
Trust company, which company is
agent for the Royal Insurance com
pany, which had a policy for $4,000 on
the Gillum home, was the first witness.
over the objection of the defendants
attorneys, the policy was admitted and
also the check of $1,000 made in favor
of Gillum and paid to the party hold
Ing mortgage on the house, was ad-
mitted as against the defendant Gil
lum but not against Sheehan at this
time.
A lively tilt occurred between the
attorneys this afternoon when the de-
Tense sought to have James r. Bean,
the complaining witness, excluded from
the room with other witnesses as Or
'SiOu ny INC touTl upon fnOI1On OF the
defense. The court held as the COM
planning witness he could remain and
an objection was interposed as to the
ruling and it was asked by X I. Perky,
attorney for Doc" Sheehan, that Bean
be instructed not to communicate with
the other witnesses on any matters
pertaining to the trial and the order
was given. ~
The defendant Sheehan is represent
ed by Perky & Brinck and Gillum by
j. B. Eldridge. Charles F. Reddoch and
Captain z. G. Davis.
5. l.. Upton as representative of the
insurance companies is associated with
Raymond l.. Givens in the prosecution.
Judging from the number of objec-
lions already interposed to testimony
and the admittance OF documents In
the case, 1t will require some time for
trial.