The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-05-05

noon Wnon the question
of reference to the eOnstitu-
tionality OF the state treasury
law of 1907 in the eXamina-
tiOn of jurors was 10 be decid-
ed by Judge Clair C. Edwards,
after completion OF the last
panel
The question arose when
counsel f6r the defense made
the fiat statement that the law
is unconstitutional
Waukegan, Ill, May 5.-tBy the
Associated Press. 1.-TWO Jurors for
the trial of Governor Len Small,
one of them already selected and
sworn in, and the other tentatively
accepted by both sides, were per-
emptorily challenged and removed
today following charges by the de-
fense that one of them had discuss
ed the case in the jury room. The
state challenged the other when he
was rendered by the defense to re-
place the first man.
The ill-feeling and grave rumors
of something wrong with the jury.
which have been simmering under
the surface for days, boiled over
this morning in a spectacular dis
play of verbal fireworks.
The outburst followed the motion
Of the defense to reopen one of the
panels already sworn and remove
Charles Melville. The motion was
accompanied by two affdavits from
men who spent one night in the
jury room in which they told of an
alleged statement rejecting on the
governor, which Melville was said
to have made.
Mortimer Protests Bitterly.
The court granted the motion,
over the bitter protests of c. Fred
Mortimer, states attorney of San
CANON county, and James H. Will
kerson, assistant attorney general.
The state was compensated with
two extra peremptory challenges,
and as the defense had to use one
to get rid of Melville, the gov
ernor's side suffered a net loss of
three challenges on the transac-
ton. C. C. LeForgee, chief counsel
for the governor, protested in vain
against this.
The star chamber conference yes
terday over charges of jury tam
pering, made by the state, bobbed
up in public when Mr.. Wilkerson
asked the court publicly to pro-
nounce a decision reached that
neither side should try to talk
with prospective or dismissed jur-
ors on the court house property.
Mr aE1orooo nrpfosfad tho dooi
sion was supposed to be confidcn-
tial and Mr.. Wilkerson retorted the
details Of the secret conference
were all in the morning papers.
Charges of pettifogging and as
sertions that the reflection on them
was deeply resented, were made by
the defense, and in the word war
which followed the court was al
most drowned out.
Mr.. Beaubein, Mr.. LeForgee, the
court, and two or three attorneys
for the state were all trying to
make themselves heard above the
din. Mr.. Beaubein accused the
state of pettifogging. Edward
Sangamon county, took up the
challenge and started a private and
acrimonious debate across the ia
BILE with Mr. Beaubein.
Judge Clair c. Edwards ended
the exchange by announcing the
agreement, and extending it to the
newspaper men also.
Judge Edwards ordered the pros
pective jurors, who have been sit
ting in the rear of the court room
since the trial began, confined to
the grand jury room and brought
in one at time as needed
With two men excused from the
box on peremptory challenges, work
of filling the last panel started
again.
Joe T. Petitlaire and W. ]. Nc
MILAN. first men called to the va
cant seats. were challenged by the
state for cause.