Show THE TRIAL OF HARRY HYNn For the Murder of Walter J Dinwoodey DIFFICULT TO GET A JURY Three Finally Accepted Out of ThirtyEight Statement of the Circumstances Which Led Up to the Killing TIle Defense Claims i Was Justified Jus-tified but the Prosecution Denies De-nies it Vas Done in the Heat of Passion on the Discovery of the Adulterer Craeiiil Questions ProPounded Pro-Pounded to the Talesmen The sensational trial of Harry Hynds for the murder of Walter J Dinwoodey was commenced in the Third district court before Judge Hues yesterday morning Thirtyeight talesmen were examined during the day and out of these three were accepted by both sides and sworn in Three others were in the box and were examined by both sides and passed for cause but were not sworn and are liable to peremptory challenges from either side The three gentlemen accepted are H S Margetts Dan Griffin and John Gallacher sr and they were turned over to the care of the sheriff who is to keep them together to-gether and apart from all other parties until the verdict has been rendered The other three gentlemen in the box who have not been finally accepted are I I jefIf w t I 14 i ii 2 J i I T l V7 HARRY HYffDS Frank Webb Frank Chandler and J F Heath In a capital case the jury must consist of twelve men and each side in empan eling jurors has fifteen peremptory challenges So far the defense has exercised ex-ercised five peremptory challenges and the prosecution three The panel of jurors was exhausted at 430 in the afternoon and a special venire was issued is-sued for fifty more talesmen which will be returned this morning HISTORY OF THE KILLING The circumstances of the killing wihich was the sequel of Dinwoodeys criminal intimacy with Hynds wife are yet fresh in the minds of the public pub-lic For over a year prior to the tragedy of Sunday morning March 1 Din woodey it is openly stated had been on very intimate terms with Mrs Hynds and most people who knew them with the exception of the injured in-jured husband were fully convinced that their relations were not of the Platonic Pla-tonic kind A few days prior to the killing Hynds went to Butte and returned re-turned a day or two earlier < than was expected He reached the city about 9 oclock on Sunday morning March 1 and drove to his home on Brigham street in a carriage There he found Dinwoodey and his wife had occupied the same couch during the night Mrs Hynds opened the aoor in answer to repeated knocks She was in her night robes and the husband found Din woodey undressed hiding in a closet off the bedroom Hynds ordered him to come out and he did s This order I was followed by a second command to take ihis clothes and get out and at the same time Hynds told his wife to prepare for departure She began to weep and excitedly exclaimed What will become of me Dinwoodey who by this time was partially dressed said to Mrs Hynds I Come with me Maudie Ill take care of you This remark so incensed the husband that he lost his selfcontrol and snatching his revolver from his I pocket fired three shots all of which took effect in the body of Dinwoodey i and any one of which would have fatal been fatl later Dinwoodey I A few hours young died at St Marks hospital with the i name Maudie on his lips Mrs Hynds was 27 years of age and exceedingly prepossessing She was married to Hynds in September 1SS5 Dinwoodey was unmarried a fine handsome fellow of about 24 THEORIES OF PROSECUTION AND THERIES I DEFENSE The killing is admitted and the theory I the-ory of the defense is that i was justi fed by the circumstances under the statutes which makes homicide justi fable when committed in a sudden heat of passion caused by the attempt of any such offender to commit a rape upon his wife daughter sister mother or other female relation dependEnt or < to defile the same or when the defilement de-filement has actually been committed The prosecution will attempt to show that the killing was not done in the heat of passion at the discovery but In a quarrel afterwards between Din woodey and Hynds a to what should become of the woman From questions asked the talesmen by counsel for the prosecution it would appear that the prosecutlpn would also endeavor to establish the theory that > Hynds was aware of the relations existing between his wife and Dinwoodey long before y the f tai morning The previous character I char-acter of Mrs Hynds will l is said also be aibtacked by the prosecution as far as the rules of evidence will allow al-low Ir Hynds cannot be used as a witness against her husband as the statutes do not compel a husband or a wife to testify against each other when either object The proceedings of yesterday were uninteresting and from present appearances appear-ances i will be a stroke of good luck if a jury is obtained today CRUCIAL QUESTIONS The most crucial questions asked the talesmen yesterday were Would you think i a justification i the defendant believed that the deceased had committed com-mitted adultery with his wife I I defendant had seemingly connived conniv-ed alt the alleged adultery would he in your opinion be justified in killing Dinwoodey I the defendant after discussing the act of adultery had talked it over with the deceased and then got angry at a remark by Dinwoodey and shot him wpuld you think that a justifica itkm itkmThe The replies to these questions were in all cases very guarded and a direct answer could hardly ever be obtained as without being aware of all the circumstances cir-cumstances it is impossible for the average man to say what he would do TALESMEN EXAMINED The following are the names of the talesmen who were examined J H Woodmansee J E Edmonds H S Bleasdale R Knudsen Johnson Edward Ed-ward Pickering J M Chamberlain R Foster Morton Charles Gilmore George Aurley A S Post S F Walker I Wal-ker L M Earl S H Auerbach W Keeting J T Lynch F S Sohoppe Phil J Stone J J Stewart Fred Simon Si-mon H S Margetts A W Harvey William Everett O P Miles J J Starbuck J L Kent William CooperEd Cooper-Ed Johnson W S Clawson D Griffin William S Little 11 J Cheeseman I John Gallacher sr H S Shemming Frank Webb Frank Chandler J F Heath Of these J 11 Chamberlain Charles Gilmore George Curley J J Starbuck and J L Kent excused were peremptorily peremp-torily by the defense and A S Post William Everest and H S Shemming by the prosecution Fred Simon and William Everebt were excused on account ac-count of sickness and all the others were excused for cause except a stat I ed at the beginning of ithis article County Attorney Whittemore assisted by Attorneys John l1 Zane James H Moyle and Harmel Pratt are prosecUting prosecUt-ing and Judge Powers is defending the accused The work of impaneling jurors this morning will be resumed at 930 oclock I |