The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-28
PICK JURY TODAY
Second Venire in HOWat Case
Nearly Exhausted.
Little Chance to Start Testi-
mony Before Wednesday.
DEFENSE CHARGES BIG PLOT
Supreme Court Justice Sub
poenaed by Defense Excused.
Labor Demonstration Failed 70
MateriaIize-Band Goes Home.

Columbus, Kan, June 2s.-Efforts
to complete the jury to try Alexander
Howat and August Dorothy, president
and vice president of the Kansas Min
ers' union, for violation of criminal
provisions of the Kansas industrial
law by calling the strike of miners OF
the George K. Mackie Fuel company
last February, had been unsuccessful
at noon today.
At 1920 o'clock this morning the
special venire summoned last night
had been exhausted except the six men
Of the thirty called who had failed TO
appear. The sheriff's force expected
to bring the missing men into court at
1890 o'clock this afternoon.
Eleven men were in the box when
adjournment was taken. The state
had one more challenge to exercise
and the defense four. Judge Frank
w. Boss in committing the jury to the
care of the sheriff, told the jurors not
to discuss the case and not to read the
newspap ers. He modified this, now
ever, to permit them to read newspa-
pers from which stories about the
trial had been cut.
The crowd of 400 miners which
gathered yesterday at the opening OF
the trial of Alexander Howat and
August Dorchy, district president and
vice president of the United Mine
Workers union, had dwindled to zoo
today when the drawing of the jury
was continued.
Supporters of Gov Henry ]. Aliens
anti-strike legislation jubilantly
claimed the failure of the rank and
file" to obey the command of the state
Federation to come to action" was
proof that organized labor had &C
oepted the Kansas industrial law.
& Labor will be here before the trial
is over was the statement of union
leaders, however
< Today's session of court dragged
thru the dry routine of jury wrangIng.
1t will be late tomorrow before the
taking of testimony will begin.
8 Howat and Dorothy. charged with
calling a strike in the Mackie coal
mines in defiance of a felony clause
of the industrial act, are but minor
figures Tin the test of strength which
Organized labor will make against the
legality of the industrial act.
Z Forty-fiVe witnesses for both sides
have been called. State senators, SUI
pTeme court judges, industrial court
Officials and state officers will be
among the witnesses. and the defense
will seek to show the greatest con-
spiracy against labor ever conceived"
New Jurors Summoned.
"a special venire of thirty men was
summoned last night by order of
Judge Frank w. Boss to report this
morning at 900 o'clock.
The regular panel of "a members
was exhausted when court adjourned
last night. Eleven men were in the
box and the state had two challenges
and the defense eleven left.
Judge Burch Excused.
Sheppard announced this morning
that Justice r. A. Burch of the Kansas
Supreme court who had been called. as
a witness for the defense had been
notified that he need not appear. a
daughter of Justice Burch is danger
ously ill.
Eat the same time. Sheppard an
nounced that a subpoena had been
issued for Senator Francis Price. of
Clark county, president pro tenn of
the Kansas senate, and for many
Years a member of that body. 1t was
understood that Senator Price as
sisted in drafting the bill which
finally became the law.
Tho Frontenac band, which was
sent here yesterday by miners unions
at Frontenac. went home at o'clock
hst night and Columbus had a quiet
night instead of the big demonstra-
ton which it was planned to hold.
Be No Miners OH Jury.
Several miners were on the special
Yenire. Under the ruling of Judge
Boss yesterday the miners. being
members OF the union which Howat
and Dorchy head, are automatically
excused.
& The eleven men in the box when
court adjourned at noon were: w. B.
Fancher. Baxter; w. H. Childres.
Sheridan township, farmer; Henry
Irwin McCune, farmer: Norman
Owens. Shawnee township, farmer;
J. p. Campbell. Galena, deputy asses
scr; wellington Fierce, Columbus, re-
tired; w. S. Bowles, Spring Valley
township, farmer; A. L. Remaley, Co.
1umbus, merchant; William Mallot,
Jr. Lowell township. farmer; S. ].
Cook. Baxter. retired grocer; J. c.
Hearrell, Lyon township, farmer.