New-York tribune., 1922-11-14
| ate Accepts
E'x-Miners as
Herrin Jurors
prasecusion Hand icapped
ID Choosing veniremen by
Ties Between Them and
Defendani Coal w orkers
{ Face Murder Charge
four, Denies Searching of
Spectators at First Ses-
sion: Room Is Enlarged
....,ni ps.patch 70 Tts Trlhuns

s
MARION. Ill.,. Nov. s.The state
..rsatisely accepted four OF the first
.I,sen jurors examined in the Herriu
,ls. massacre trial to-day and ten
s.-sa them to the defense. Those
s.,asyey accepted are:
cw Buckner, miner, living on q
arm soTth of Marion and near the
f.,,s, "trip mine.
Il acInturfY, of Hudgens, farmer
~ former miner.
fori Morris, Of Pittsburg, who works
"a top at a mine.
Frank Nicholson, farmer, OF
goneford, and former miner.
Difficulty in Obtaining a jury was
expected to-day when the trial of thc
arst five men charged with murder in
ae mine killings Was resumed before
ladge D. T. Hartwell after recess
trou Thursday. Both sides had an
,ouDced previously that they were
asdy for trial.
Carpenters have been busy in the
Etle old frame and brick court house
Sero the murder trial will be heard.
he Judges stand and the jury box
kye been changed in such q manner
S&G additional space viii be given the
gtoYneys, which also will make it
Hsler for the jurors to hear witness
Expect Crowded Court
The courtroom, which was filled for
ID opening day of the trial, will be
aill more congested, as two rows of
lpscsstors' seats were removed from
he front and placed Ia the rear in
uder to give more space for the
awyess.
Angus ". Kerr, chicg counsel for
10 defense, denied reports that spec
x,ors we're searched at the first ses-
don Of the trial. He also declared
la. reports that representatives OF
4 he American Legion and the National
cssrd kept spectators in order during
he first day are not true.
4 There has been no requeet from
ether side for such protection" he
si1 "and the case has been conducted
perfect order"
i Judge Hartwell said that he has
.sysr had any trouble In his court, and
aesa will be none now. and no forsees
j nsesessity for any searching Of spec
aarh as was erroueousIy reported to
\ hs hsen done.
4 All Are Coal Miners
a ID lie course OF the first day the
81 tass Va. forced to use six OF its 100
wrtnFag chai egges and the defense
q aaly Sps Under these circum stances
q shssiakdwyers could see they would
81 seedehal' enges before the end Of
II AHA and that they would have So
"a AaMnise by taking men formerly
Aifgted with the union. In this
ssstf it is practically impossible TO
J F iFay from coal. The majority OF
q barmers are part-time coal miners.
= bis the way they get their cash.
q he strategy Of the defense was 20
4 ks the state TO exhaust the 100 chal-
hses as soon as possible. II was an
mg matter for the defense to select
4 zen. Several young coal miners ap-
pared to be trying to qualify and die
70 to the extent of swearing that they
eud give fair trial to their brother
& aifsrs and could vote to put them to
teath IL the evidence justified. One
nan who knows three Of the defendants
nd who was formerly nlinar tes.
afsd to this effect. He was excused
hy 3 state challenge.
Familiar With Jurors
The selection Of the Jurors was
largely family affair. Both Mr.. Duty
/ and Mr. Nee y knew the history and an
accidents Of nearly every man sum
noned.
The veniremen In the ma'n seemed
honest in their answers. There was
4 littie shrewdness seeking to escape