The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-29
IF Defense in Howat Trial
Changes Its Plans.
Excusing Judge Burch Upset
Scheme of Attorneys.
OTHER WITNESSES EXCUSED
Former Speaker of Kansas
House Also Let Out.
Only One More Juror Now
Needed to Fill Box.

Columbus, Kan, June "a jury
was completed to try the case of Alex
ander Howat and August Dorchy.
Kansas miners union officials charged
with violating the Kansas Industrial
court law, at 2:25 o'clock this after
noon.
Charles B. Griffith, assistant att
torney general, Immediately after the
jury was sworn in. began making the
opening statement for the state. ]. I.
Sheppard. chief attorney for Howat
and Dorchy, will make the opening
statement for the defense Immediately
following Griffith.
Ten members of the jury that will
pass on the guilt or innocence OF
Howat and Dorchy are farmers. One
| is travelling agent, and the other Is
a retired grocer.
| Eleven were in the jury box and only
| two challenges remained when Judge
Frank w. Boss ordered recess taken
at noon until 80 o'clock in the trial
of Alexander Howat and August
Dorchy, president and vice president
of the Kansas miners union, for al
legged violation of the Kansas indus
| trial court law.
| Reliable information was that the
defense would exercise the two re-
naming challenges requiring the se-
lection Of three more jurors. It was
anticipated that the jury would be
completed by the middle of this after
noon.
Defense Changes Plans.
1
A sudden change in the plans of
the defense became apparent shortly
before noon today when ]. /. Shep-
pard, chief attorney for Howat and
Dorchy. announced that he had ex-
| cused w. P. Lambertson of Fairview,
former speaker of the Kansas house
tof representatives. and former State
/ Senators i. G. Bergen of Manhattan.
j. r. Anspaugh of Topeka. and A. o.
delaney of Doniphan county
Sheppard indicated that the excus-
ing of Justice r. A. Burch of the KAN
sas supreme court, whose daughter is
/ dangerously i'll, broke up the plan of
defense in which he planned to use
the former legislators.
/ May Prolong Trial.
1t had been hoped that a jury
Iwould be obtained by noon yesterday
but as man after man of the first spe-
cial venire announced that he had an
opinion as to the case the hope van
ished and the venire was exhausted
before noon.
/ Another venire was drawn and
eight members of it appeared in court
in the afternoon. The other members
are to appear this morning. That the
trial may run over the Fourth OF July
appeared possible today.
A third special venire has been
drawn in the attempt to obtain a jury
in the trial of Alexander Howat and
August Dorchy, Kansas miners Of
ficials charged with calling strike
in violation of the Kansas Industrial
court law. Twenty-four names were
drawn and the veniremen are being
summoned.
Ten men of the second special ven
ire were in court when the session
was resumed at 8 o'clock, making
eighteen of the veniremen who had
reported. Ten men were in the jury
box but the state had one challenge
! remaining and the defense four.
Holiday Plans All Off.
i w. E. Freeman, president of the
State Federation of Labor, who de-
! clared a holiday and asked that all
! laboring men come to Columbus for 8
demonstration during the trial OF
Alexander Howat and August Dorchy.
charged with violating the criminal
section of the industrial court law.
/ last night announced that all plans
for the demonstration had been aban-
doned.
Later Sheppard announced that he
also had released w. L. Higgins, pre-
siding judge of the court of industrial
relations. The defense did not excuse
J. w. Montee of Fort Scott, former
state senator from Crawford county.
j Montee and Delaney voted against the
Ipassage of the industrial court bill in
the special session of the Legislature
in 1920.