| OCR Text |
Show TIE'eLSOX TlUk t : -sr J, J It having become publicly known that the ca of J.innda Olson 1 charged with the murder of Fnl! Hall, In the Eighteenth W.rU of this city, on the )th of September last, had been fixed for today, the Third District Court room wa crowded with Bpectators by ten o'clock, tho hour of opening. Uron JudsoZine taking his seat, District Attorney Varlan Intimated that he feared it would not be possible for him to take up the case before Saturday Sat-urday momlnjr. Judgo Zane- But I understood that it was set down for this morning. morn-ing. I cortolnly so arranged it, and I shall not keep tho Jury alter this w etk to try cases where the prfcwn-ets prfcwn-ets are out on bail. In auswer to his honor, Judge Towers said he expected that the Olson cote would occupy two or three days. It was probable that some time would be consumed In tfca cmjanUIng of a jury to try the After eoiue further conversation the Jude directed that the Kunti poisoniugcase (partly heard yester- V S0llM.,be IumeJ forthwith, and that the Olson mattir must come ou upon Its conclusion. It was 11:20 when tho latter case was called and 3I Olson, who was awompanle-J In court by herparents. ?:, 1OQCCI,took a ' by tbe side of Judgo rpsrere, her attorney, lier rtwuier sitting doss behind. The accused was aitlred In deep mourning mourn-ing an J also heavily veiled, so that her features were not at all visible Tne empaneling of a jury was first proceeded with, tbe following gentlemen answenng to their naaiw and taking their Seats In tho jury C?".r.1.i?,E1Ilson Janiei Ashman. C. U White, P. A. Pascoe. Edward ihsriDft f,', JL Gaboon, Walter amlth, William Roijcrts, IVter tnckson, Joseph Irving, William T. Iteed, J. B. Meredith. Each juror was questiolied by Judge Powers as to whether he had read or heard of the case until this "mo, wueiuer ne had already lormeda decided opinion upon it and whether he could, if sworn, sit and try tho case Impartially. All but ilr. Meredith replied that they were prepared to JUten without prijuJIce to the evidence forthcoming forthcom-ing on both slde, anl taglvea conscientious and impartial verdict -Neither of ths jurors waj opposed, amounting to bias, to tha defense of insanity. Mr. Meredith saiJ, ir the court plea-ed, he would state his reasons for thinking why he should not act as a juror; butJuJge Powers re-marked re-marked that he had batter not do so now. Judge Powers challenged Mr. j Pacoo for cause. i District Attarn-y A'arlan tlien in-1 in-1 1- rroated the J jry according to tbe j liyjal preliminary form; and at this juncture the point was raised by Judge Powersaj to whetheror not tUo wording of thelnlictment could bJconstrued as charging murder In tbe first degree. Judge Powers in-U'teJ,al30,tbat in-U'teJ,al30,tbat the facts In thecae contained no tlemenl whatever tending to show murder In the firt degree. There was nothing to Indicate Indi-cate premeditation or mllce aforethought. uutrtct Attorney Varian, in answer, an-swer, quoted copiously from tbe statutes and rulings bearing on the case, contending that the charge was coe of murder in the first de-Ijrec. de-Ijrec. JtujeZane, referring to tbe tolnt n isue, remarked that in this Indictment In-dictment wai emnloye-J the lan-gtasc, lan-gtasc, 'feloniously," and "with maliuj aforethought." It wtuld Jw seen that the words "wilful," deliberate,'5 and "premeditated," were omitted. The question therefore there-fore was vhethcr the two stts of terms inent'oned In the statute were nat equivalent. 3Iahco a'a-e-tnoaght, in its raamijn acceptation, meant, of courso. thata person had thought over the act of killing be-foro be-foro carrying it Into eflect. Ho w as of opinion that "malice i.fore thought" was substantially cquia lent to tho terms "wilful," "dehb crate," and "premeditated," aid that a piraau ml0'ht, on such an Indictment, be convicted of murder in the first degree. The task of empaneling a jury seemed likely to occupy the greater-Dart greater-Dart of the atttrnoorr. |
