Show TO THE DEATH PENALTY Juror Accepted in the Haywood Case Under Somewhat Re Remarkable marl able Conditions FOUR CHALLENGES REMAIN LAWYERS SHOWING EFFECTS OF THE STRAIN Ida May lay 23 2 The unusual spectacle spec spectacle spectacle of accepting a juror opposed to cut capi capital tal punishment except as an extreme measure for the protection of ot society against war and anarchy t pleading his own disqualification came caine today in the murder trial and his lila reten retention tion after he had clearly cleary shown that he lie was disqualified raises a question as to the regularity of the proceedings J E an architect of Boise Is the juror and his retention seemed to tobe he be clearly due to a willingness of ot both sides to gamble on his views when the jury reaches the tire supreme solution of the case the state on the tho hope that it can meet his ideas as to anarchy the defense on his opposition to the tho death penalty Passed by Both Sides Mr Ir came caine with the rest of the early in the day and his di direct direct direct examination by Senator Borah devel developed developed developed In a mild form orm his scruple against the infliction of the death penalty in or ordinary ordinary ordinary murder cases Ills His acceptance by the state was a surprise that was within a few minutes Intensified by the views brought forth by questions propounded by Clarence Darrow of the defense swore that he was opposed to capital pun punishment punishment except in time of ot war var and when society must defend itself against organ organizations organIzations seeking to destroy It He de declared declared dared that society had no right to take from a man anything that It could not give but as ns for anarchists if they the were the kind of oC men he thought they were he would hang them on sight The de defense tense seemed under the impression that Senator Borah was not in earnest and probably on that theory passed him too Samples of the Juror When the Jury filed in after lunch Tour stood in his l s olace ulace and claiming the attention of the court said that he was opposed to capital and pointed out that it would be impossible for him to take the oath necessary at the outset of the trial Judge Wood read the statute covering the matter and It showed that a jury having haing conscientious scruples scruples ples pies against capital punishment could not be permitted or required to serve He asked counsel what they had to say about the matter Senator Bomb Borah ques questioned questioned further fn on his willing willingness willingness willingness I ness to inflict the death penalty on the tho members of at an organization seeking to destroy society saying that the state was as quite willing tIlIng to rest its case on that proposition restated his po position position as to anarchy but bu protested that this was the case of one man yuan being tried for or murder His HIa answers however sat satisfied satIsfied satIsfied the state Error C Cannot Ol Be Claimed Neither side would challenge nor offer any further suggestion and there the matter rested Counsel for the state said privately after adjournment that the in incident incident Incident could not constitute error in the case and that there existed no means whereby either side could In future plead It It is thought probable that when it comes time to swear the jury lotte will refuse the oath and compel the court to excuse him him from serving Four Challenges Remain I Both sides found a pay streak of qualification qualIfication in the second section of the tho ape special special cial cia venire and besides two other qualified They lucy arc are Fin Finley Finley Finley I ley McBean whose examination was in progress at adjournment last night and andE andE E F Crow a retired farmer who now lends a little money for a living Mr I I Crow was almost Immediately challenged r 15 t o t ll z 1 zever ever brief brIe lifted litt the case ease and arid challenge forward The defense also challenged 1 Juror John today and the state challenged Juror George McIntyre The vacancy created by b the sixteenth chal thai challenge challenge lenge is still unfilled there are arc four chal cha challenges challenges lenges enges unexpended and there are twelve tal men of the second special venire left i iun unexamined examined un The pay streak ran out be before before before fore the day was over and unless there Is mighty good luck with the little squad of unused there will have to be another adjournment sometime on Mon Men Monday Monday day and a third special venire Lawyers Get Snappy I IThe The long strain of ot jU seems se ms to be showing on the nerves of those who are doing the work Today when the tho state I challenged a for tor bias Attorney Richardson remarked that the state had tried hard enough to qualify him James JamesH H Hawley took serious of ense at the remark and said that it was untrue and asked for the protection of the tho court saying that things were going to be dif tilt different different ferent from now noa on Judge Wood told him to sit alt down but the order had to be repeated before It was obeyed The court continues to stiffen against the release of ot on excuses light and frivolous Today T day Judge Wood took tooka a hand In the examination eX of every tales I man and made sure of the existence of disqualification before acceding to It j PROCEEDINGS IN DETAIL State Allowed to Endorse Names of Additional Witnesses Boise Bol e Ida May ZAt At the opening of ur o othe the Haywood trial today Judge Wood Wo d granted the state permission to Indorse the names of several additional witnesses on the indictment against the accused miners the defense noting an exception I under a decision of the th Idaho Idabo supreme court w which Ich held that the filing of additional addi additional witnesses after a trial has begun Is error without prejudice Attorney Rich i ardson declared that the defense had been unable to t locate ocate many of the witnesses for the state and had been Informed by b counsel for the state that they did not know the addresses of many of witnesses If surprises should develop from the testimony of these witnesses Mr Ir Richardson said a delay might be looked for tor Continued on Page 2 OPPOSED OPP SED TO JO J THE THEDE DEATH DE TH PENALTY Continued C from Page ge 1 Finley McBean a Scotchman by birth who was accepted yesterday by the state stat qualified this morning after atter a thorough examination by br Attorney Darrow of the th defense He took his place pl c as a juror in 2 Seventh Challenge of Defense The defense det nse exercising e of Its ten peremptory challenges excused John Whitlock nurseryman at No o 6 from fur ther service Whitlock was as formerly aj It a guard at the penitentiary under Governor Hunt j The first two called to replace j Whitlock were dismissed d because b auS of at bias b band and then came one of the most moat interesting i examinations of the trial J j E Tour i an architect was called to th the box He first stated the he had a an opinion but it jucu u i as he would woula condemn a man upon Asked ked if It he waS wa opposed to capital punishment Tourte lotte caused quite a stir bv by b answering As ft t general proposition I lam am I b he hove lIeve the death penalty should hould be In f only In cases eases r t f war and an or organization organization I which is against society The defense when its examination be began began gan gnu questioned the closely on this point Mr 11 Darrow Barrow taking the th initia live he What That Vh t do you ou mean by b that state statement ment nent ent O he asked Would Hang Anarchists An I believe bellee replied that tha the only excuse for Inflicting death I is A man has a right to de dc defend fend his own life So has society when whan a band land of anarchists is formed to wn war war against it T I dont know very er much abou anarchists but if It they are what I J think they are I elleve in hanging them un on sight What about Socialists I dont know much about Socialists Did you ou mean an specific organization orga tion when you said an organization against society No Did you mean the Western stern Federation Of Miners lIners No NoOr NoOr Or a labor union No Xo I meant what I take fake as i anarchists anarchIsts anarchists You mean menn newspaper anarchists I suppose anarchists as described In news newspapers newspapers newspapers papers Newspapers are the tle principal means we have of enlightening ourselves o ar argued argued argued gued the Opposed to Capital Punishment You say sa that you ou are opposed to cap capital capItal capItal ital punishment in ordinary murder cases Yes I dont donot don believe society has a aright aright aright right to take away from fro a man that which it cannot give gie him Capital Capita pun punishment punishment is justifiable only onh In the ex cx extreme extreme cases I have hae already alread spoken of or Have you ou any thought in your mind mine that this defendant may belong belon to such i an all organization as you have hae said was against society I II I thought of it but I can see now that he might said he had had bad some sonic dif difficulties difficulties difficulties with labor In the past few years The defense and state occasioned equal surprise by accepting the Juror Eight for Prosecution The prosecutor was called upon to use us the eighth of its ten arbitrary challenges It was directed against George H McIntyre McIntyre tyre a farmer at No 7 McIntyre had bad been beell in the box since the first day da of the trial and had been looked upon as a fix fixture fixture fixture ture tureE E F Crow a retired farmer now a t money maney lender was waa passed pas into seat No Nos 7 as s the mornIng session of cuart art ended Crow was examined at great length He Hc declared that he had no fixed opinion l but he had a suspicion that the defendant might be guilty guilt else he would not nat have ha e been arrested Grow said ld lie he liked neither the Socialist nor anarchist party part but had no particular prejudice against individual individual ual Socialists If It sworn as a juror juron how however however ever eer he lie declared he would woul consider the defendant Innocent until proved guilty Conscientious Scruples pl With the beginning be of the afternoon ses sea session session sion sian of or o the trial at p m Ui Juror Tour Ta r addressed c the court saying his conscientious scruples against tile the infliction Infliction infliction tion of the death penalty pen alt would absolute absolutely ly prevent pre ent his hla serving on the jury jur What about this gentlemen asked Judge Wood of ot counsel l The Th defense Immediately objected to the release of the Juror saying saIng he had been passed by the state after a thorough ex cx examination examination and accepted by the defense Mr Hawley of states counsel who was not present pr sent at the th morning session said he ho thought there then might have been some misapprehension There Is no misapprehension said Judge Wood This matter was gone in into into Into to this morning A challenge on the ground of bias might have h e been beOn lodged lo ged under the statutes But thorp there was IS as no challenge Inter Interposed Interposed Interposed posed the defendants counsel Position of Prosecution There was no misapprehension on our II part declared Senator Borah of the prosecution This juror said he ho was ready to Inflict the death penalty In Inca Incases incases ca cases es where there was an organization whose purpose It was to attack society by assassination We Ve are prepared to rest our case on that The juror was asked a few questions the answers to which Indicated that his Views bad undergone no change since sinco the morning session ses ion He declared that in incases incases incases cases of af war and aud organizations opposed to society he believed In the Infliction of ot death as a measure of COunsel for the state consulted together er for far a few tew minutes and Senator Borah announced We will iII not Interpose a challenge We Ve e will rill not retorted Darrow of at the defense Thus tIme the matter ended and lotte remained at No 10 G 6 it was born In Connecticut but his fathers farm was W s In three e states Massachusetts Con Connecticut Connecticut and Rhode Rho e Island Money Momey Mo ey Lender Shoved Aside The defense palled called upon to exercise its eighth challenge excused E F Crow who had h d qualified at the tue morning ses sea session Ion sion The attempt to 10 fill Crows seat scat soon led to a spirited clash of ot counsel In III which Judge Wood Tood took a hand to the extent I of or compelling James JamesH H Hawley of ot the state to take his seat sent when he was about to speak in III answer to a remark made by Richardson of ot the defense George Rivers a rancher rah her with positive views HS itS to the guilt or innocence of ot the accused had been under examination ten minutes or more beford Mr Ir Hawley chal challenged chall l ri ed him for cause Judge Wood turned to the defendants counsel table for con consent consent consent sent to the release of the proposed juror Richardson said We think counsel tried hard liard enough to qualify him Wo We have haVo no objection Hawley Has to Sit Down to counsel coun el making statements of that Character Hawley Ha wier flared up They will wilt not BO go 0 unnoticed In the fu In future future ture slid and if the court will till Ihl not protect us its IS we will reply in kind l Insinuations and Sit Bit down Mr Hawley commanded Judge Wood Butt But t your our honor protested the law lawyer lawyer lawyer yer Sit down repeated the tb court I Mr Hawley demanded a ruling from the court on an his exception to Richard Richardsons sons remarks that the state had endeavored endeavored endeavored ored to qualify a biased Juror Theres nothing to rule rul on said Judge Wood and the incident closed It served to indicate that the trying ordeal orde l lof of Jury jur selection sel Is beginning to tell t U on o otho tho tempers of ot all alt connected with the tito case cane Rivers was allowed to go 10 Sam Jones a farmer loomed up large as a possible Juror Until he said bald he had a feeling at nf prejudice against circumstantial evidence Judge Wood sustained the challenge ch len from the State StateS S M Joplin was w called for examination as court adjourned until Monday morn morning mornIng ing tag at t 9 30 Thare a are but few w members mem t toC of oC the tile second open venire v pir remaining lout four f fei er tory challenges s et I 1 1 |