Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1927-09-23

@. And if selected as a trial Juror to try the
case, will you try it entirely upon the evidence IN
court and nothing which you may have heard out
side of court?
A. Yes.
@. Do you figure your mind is in the same
state of fairness as you would want a Jurymans
mind to be in if you were on trial yourself and
somebody else selected to try you?
A.. Yes.
@. In other words, you don't know anything
that would d~isquaify you?
A.. | didn't hear the last part.
@. You don't know of anything that would dis
qualify you from acting as a trial juror in this case
A. Not except | am awful busy and | don't
want to be down here; that is the only thing.
MR.. BABCOCK: We all are.
MR.. BABCoCK: @. Have you heard anything
about the case, Mr.. Molten?
A. Only what l read in the paper.
@. Did anything which you read in the paper
create in your mind any feeling the defendant was
or was not guilty?
A. No, sir, | never thought much about it.
@. Do you feel that you could try the case just
as fairly and impartially as though you hadn't read
this article?
A. Yes, sir.
@. You don't know any reason why you
couldn't try the case fairly and impartially between
the State of Montana and this defendant
A. No.
@. All you know about the case is what you
A. That is all.
g 3. Never Ne. heard anybody discuss IT.
@. Do you feel your mind is in the same state
of fairness that you would want a juryman's mind
to be in if you were on trial in a serious offense like
this?
A.. Yes.
JURYMAN POWELL: Your Honor, there may
be one reason | shouldn't sit here. might be too
THE COURT: What is your age?
A. Seventy.
THE COURT: | presume that disqualifes him,
doesn't it?
MR.. ERICKSON: Not over seventy years?
MR.. POWELL: l am not seventy-one, but | am
over seventy.
Mr.. BABCOCK: Of course, we are not raising
any question on the point but of course, he isn't
obliged to sit unless he wants to.
Mr.. ERICKSON: | don't think that is a juris-
dictional fact they can waive. They can't waive
that.
MR.. BABCOCK: The statute provides in the
case of a juryman, their age must be between twen-
ty-one and seventy years of age.
THE COURT: Well, he is seventy until he is
seventy-one, isn't he?
Mr.. ERICKSON: He isn't competent to act.
H COURT: Well, we will have to excuse him
and call another one.
CLERK: Andrew Hansen.
Mr.. ERICKSON: Mr.. Hansen, do you know
any reason why you could not sit as a fair and i'm
partial trial juror in this case
A. No, sir.
MR.. ERICKSON: Pass the juror for cause.
MR.. BABCOCK: @. You are over twenty-one
and less than seventy years of age?
A. Yes.
O.. Ever heard anything about this case, Mr..
Hansen?
A. Oh, | read a little about it.
O.. | suppose you have read some articles IN
regard to the i~nfraction of the law by the Elgln
Cafe?
A. Oh, it is not very definite in my mind just
what ] did read.
@. | say, you read something about it?
A. Oh, yes; yes.
@. Did anything which you read in the paper
cause you to form any opinion as to the guilt or
innocence of the defendant, Mr.. Popescu?
A. No, sir.
@. You feel you could sit upon the trial OF
this case as a juror with your mind in the same
state of fairness you would want a %juryman's mind
to be in if you were on trial for such a heinous Of
tense like this?
A. Yes. !.
@. You don't know any reason why you coulC
not try the case fairly and impartially between the
State of Montana and this defendant?
A. No.
@. Do you eat at the Elgin Cafe?
A. Not very often.
@. Married man, | presume?
A. Yes.
O.. Most of the time eat at home?
A.. Most of the time.
MR.. BABCOCK: We pass the jury for case.
MP RARCNNK. T think Your Honor. if | in