Show BUT T JO MILLS JURORS Difficult to Get Them Without Fixed Opinions SCENES IN THE COURT ROOM I Capt Mills Sits with Sis Attorney on One Side of n Table and on the Other Side Sits the Widow of the Han He Killed with n Brother of OMelveney Questions Put to tho Jurors Show that the Defense is Temporary Insanity and Justifiable Homicide I The murder case against Capt Fred J Mills for the killing of John C OMclvency on October 3rd was called yesterday in Judge Norrells court but at the end of the days proceedings r little progress had been made The whole day was spent in the examination of Juror and when court adjourned only two men had been accepted by both sides leavlrrg ten more to be selected se-lected Mills the defendant sat very still in a chair at the same table a his coun HC occupied He looked better In I health than when he was in court for I arraignment a couple of weeks ago Mrs OMclveney the widow of the dead man sat at the other side of the same table behind counsel for the pro I Jecu ion and within a few feet oC Mills directly behind Mrs OMelveney was a brother of the deceased who came from Toledo to attend the trial Mrs OMelveney was attired In deep mourning I For the prosecution appeared County I Attorney Putnam and Assistant County Coun-ty Attorney Van Cott and for the defense de-fense Judge Powers When the case was called Judge Powers r1 Pow-ers objected to the trial proceeding on r the ground that the court had no Jurisdiction I Juris-diction of tho case because the defendant V defend-ant was being proceeded against by Information In-formation Instead oC by indictment by e A grand Jury Tlie motion was overruled r over-ruled without argument THEORY OF DEFENSE The theory of the defense Judging from questions asked the talesmen by Judge Powers will be Justifiable homicide homi-cide and temporary Insanity on the ground that the deceased had had criminal relations with the wife of the defendant and that the latter In the heat of passion and when he was temporarily Insonc killed OMelveney I Tho followingnamed twelve men I i were called to thejlury box for examination I exami-nation John flagman Ed U Need ham William H Haigh John Riches James Chesney Lewis A Angel Joseph J Daynes Thomas J Donkln William Yllam Asper Edward F Guest W C Crome Nathan P Gray James Chesney was excused from ncr vice until January 15th on his representing repre-senting that ho was In the sheep busl no3 and the snowy weather made it absolutely l Imperative for him to go and tend his flocks Joseph J Daynes was excused because be-cause he had formed a fixed opinion about the case which evidence could not remove Nathan P Gray In reply to Judge Powers said his father was from Massachusetts and his mother from Maine > You came very near being b Yank said Jude Powers Yes replied Gray 1 have the blue streak in me Mr Gray proved to have such fixed opinions about the guilt or Innocence I of Mills that he was excused THE DEFILEMENT STATUTE Thomas J Donkln examined by Judge Powers said he had no fixed j opinion about the case There Is said Judge Powers a statute which i Justifies killing whonn husband finds hat a man has defiled his wife and I kills the def r in the heat of passion I Do you believe hi thc Justice of that i statute The witness said he did I William Aspor was excused for cause having such an opinion that he could not enter upon the trial with the presumption pre-sumption that the defendant was Innocent In-nocent William C Crome and E II Need ham wero also excused they having fixed opinions John Riches was excused ex-cused on account of sickness In his family The defense exercised three of Its fifteen fif-teen peremptory challenges and excused ex-cused John II Hagman Lewis A Angel An-gel and Edward F Guest Of the twelve who originally entered the box William H Halgh and Thomas J Donkln were accepted by both sides I and sworn to sit li the case The box was then filled up again by I the followingnamed ten men Alfred Clough Charles M Freed J F Raleigh S I Conley HS Spencer Bynum D I I I Blackmar Ilarry Finch John D Boas Icy Herbert J Shimming Henry P Richards I Alfred dough In reply to Judge I Powers said he would give as much gve I weight to a plea of insanity If such were set up as he would to n plea of Justification or any other plea Mr Clough was passed for the time and the examination of C M Freed was proceeding at the hour of adjournment adjourn-ment Counsel for the prosecution asked few questions of the Jurors and exercised i no peremptory challenges The County Attorney asked a few talesman If the evidence showed the killing had not been done In the heat of passion and If It was not shown that the deceased had defiled Mrs Mills would they be governed by the statute and the law as would bo laid down by the court I Others were asked if the reputation and standing of Judge Powers would not influence I in-fluence them In favor of the defendant I The chances are the jury will not be I secured before Wednesday i |