Show DARE DARROW AND TORAH ALMOST 1 CLASH IN IOS COURTROOM 9 c L 4 S rl y JrP r r p I r 0 n 1 y S 'S v Sit F p lr t k I 1 i q r rs s t a s i Sri v wV u uC r 3 C I- I r Za L 1 f J i 11 3 g- g r I s t i l h hI j WILLIAM D. D HAYWOOD IN HIS CELL IN ADA COUNTY JAIL BOISE BOISE IDA MAY 27 FIVE FIVE OF THE FEW REMAINING OF THE SPECIAL VENIRE IN THE MURDER CASE WERE IN ORDER DISQUALIFIED WHEN THE TRIAL WAS RESUMED THIS MORNING THREE OF THEM WERE OPPOSED TO CAPITAL PUNISHMENT ONE WAS AGAINST HANGING MEN ON CIRCUMSTANTIAL EVIDENCE AND THE OTHER HAD AN IRREMOVABLE OPINION THE SIXTH HARMON HARMON HAR HAR- MON COX A VETERAN OF THE CIVIL WAR A PIONEER PIONEER OF THE GOLD RUSHES OF THE AND NOW RETIRED FROM FARMING HIS LAST OCCUPATION CONSUMED CONSUMED CONSUMED CON CON- NEARLY ALL OF THE MORNING SESSION AND INVOLVED INVOLVED INVOLVED IN IN- CLARENCE DARROW OF THE DEFENSE AND SENATOR BORAH BORAH BORAH BO BO- BO- BO RAH IN A Sl SERIES RIES OF AMUSING QUARRELS I IThe The seemed slow of thought and after the State had passed him for cause the defense promptly started out outto outto outto to disqualify him Senator Borah kept up a fire of interruption and objectIon objection objection tion and opposed the repeated challenges challenges chal chal- lenges of the the defense Mr Darrow openly charged that the was incompetent to tr try a man for his his life and asserted asserted that that the State itself could not want him on the jury Darrow and Borah stood up before the jury and fenced through h the examination examination ex ex- ex which ran all the shades of opinion and impression as to all the material facts so AO far developed in the case By turns Mr Darrow grew exas ex- ex as and then calm and coaxing and and once the patient lost his temper Mr Cox was halting and unclear about many of the incidents of the case but he always always' c came me back to the assertion that bis his mind was was' free from froman an opinion opinion- n. n as to the the gu guilt lt or innocence of tile the accused that he e was free from bias or prejudice that he lie could give the defendant a air lair trial Darrow Darrow's Darrows 8 Little Thrust Immediately after the preliminaries of the opening of court the State took up the examination of S. S M M. Joplin who was called to the seventh chair just as court adjourned Saturday afternoon In the course of his examination n Joplin Joplin Jop Jop- lin said that he was opposed to capital punishment I presume the State will pay yay no attention attention attention at at- to that disqualification said Clarence S. S Darrow counsel for the defense defense de de- de amid laughter The State however challenged and Joplin was excused d.C. d. d C. C J J. Northrop a prominent business businessman man o of Boise was excused after a few questions that showed prejudice W. W C. C Williamson a rancher and at atone atone atone one time a miner and a member of the Western Vestern Federation of Miners was next next- called Williamson worked in a mine at Silver City nine nin years ago He later gave up mining and severed his connection connection connection tion with the Western estern Federation of Miners Miners Mi Mi- ners because as ho he said They told me meI meI meI I was getting too old for lor the mine soI so soI so sot I t gave it up and went to farming A Conscientious Williamson proved a somewhat refreshing refreshing re reo re- re freshing change from the tho run of tales tales- men under exa examination for cause Ho He said that since he ho had been called as a juryman he had not allowed people to alk talk Juryman of the case in his hearing that that ho be had formed no definite opinion as to Continued on Page 8 HAYWOOD C Continued from page 1 the guilt fit or innocence innocenc of and was prepared to believe beleve him innocent until he was proven guilty The State I was progressing splendidly along theline the theline line lne of qualification for cause and I when just about to to- pass the I when Williamson caused much amusement amuse ment by quietly quety interjecting the remark remark re reo mark I wan wani to say that I i am opposed to capital punishment saY r rHe He lie was 3 quickly disposed sed d of and Jake Bingman a a farmer of Boise was disposed of for forthe the same reason W. W S. S Bruce a a bank cashier ashier of Boise was th the fifth called caned in the first frt half hal hour When asked aske if i he knew of any rea reason on wh why he should n not t serve sere Bruce said I HI would not under any circumstances circum stances convict a man where the penalty pen alty aly is death on circumstantial evi dence dance On further examination he z said id that be he could not take the oath as as- asa a juror h holding these views views He was challenged by by- bythe the tho State and excused Harmon Cox Cor a retired retired rancher r who had worked as a carpenter in Iowa Wyoming and Nevada Ne was passed for fox cause by Dr tho the State and his examination examination examination examina examina- tion for the the- defense was taken up by Carence Clarence Clarence- Darrow In reply to questions as to his lg religion re reo I ligion Cox said ho was at one time a Baptist and ater a Twelve a years ears ago he quit the tho Methodist church and recently became a a member of the Christian Christan Science organization whose church in Boisa Boise he has attended r regularly regularly regu regu- gl- gl lary since ince Cox ox said he hollered believed nele ed in organized labor as a means mean of self self- means sef protection At tho the same time he ne saw sa sano no reason why a a nonunion union worker should not take the place 0 of a union striker lie He admitted that his two children a boy and a girl at present employed by th the Independent Telephone com company pan had taken the places of striking operators operators opera opera- tors in a recent strike in the Boise office Ho Was Was Aston Astonishing sing Cox served three years rears ai and soda d' d dhal a half hal Inthe in inthe inthe the Union arm and roseto to the army the rank rank of corporal lie He was carried through a rigid examination by Mr Darrow He lie was extremely reticent as as- asto to the opinion opinion ion he had bad formed from reading the newspapers lie He had read f for r instance of the th murder of but dir did not belev believe it until it was confirmed by somo some one lie lip Io knew Do you believe that Orchard placed plad the bon bomb b that killed Idled P Yes according to his confession if that is true truc L Mr r. r Darrow endeavored to make the admit adroit that tat he lie bel believed ved what he read and formed fixed opinions but was wa unable to secure anything on hi which h to base a g a challenge Mr 11 Da Darrow ro turned to t the e State and said I I I I Do you want this juror jurod him before he I 1 want disqualified leaves replied Mr Ir The examination continued sometime sometime some time and finally Mr Ir Darrow grow growing ng impatient said I this juror for tence I can t stand here al all clay try ry ing to Ket et intelligence out of hIm Mr fr Borah orak was on his feet at at once and said Let him challenge for something h. h mg under the statutes I object to counsel coun counsel sel making such speeches Prepare Prepare- for Surprises Then I challenge him for fox bias Iam I Iam Iam Ten am astonished that counsel for the the State should want wat this juror juror I 1 will astonish you very ver of often en n wi quickly retorted Senator Borah and and you yon m might as well wel prepare yourself for Judge Wood denied the tha challenge Mr r. r Darrow proceeded and for for- some minutes Darrow and Borah exchanged ed verbal shots the court frequently Interrupting in in- Mr r. r Darrow showed impatience and nd Senator Borah remained coo cool laughing laughingly ly and nd rapidly interposing g objections and suggestions The Toe juror himself taking courage from the support from counsel for the State became more obscure in his replies as Mr h. h I. I Dar Darrow ow pl plied d him with ques questions ions Two w objections objections from the State were s sustained sustained sustained-by by Judge tons Wood and as many exceptions taken by the th defense It I was quito quite e evi evident evident l dent that the was persona non Darrow grata gata said to the defense Finally Finaly Mr Have you any special desire to sit on this jury No sir Sure of that tha t Quite sure sUTe Quickly changing the subject Mr Darrow opened a line lne of questioning as asto asto asto to the effect of President Roosevelt's Roosevel's s 's undesirable citizen letter the ex expressions expressions a from the Governor an and S Sec Secretary c Taft but got no 10 satisfaction rion Once more Senator Borah objected Lawers Lawyers Wrangle Borah objected and Mr r. r n Hawley took a hand han Mr Ir Darrow made flat fiat fat denial of a a. a statement from Senator Borah who as quickly threw back the denial denial Mr Darrow Darow became angry and hurled a question at tho juror who in turn becoming angry shouted his hiR re reo p ply py Turning to counsel for the State Darrow said Do you want to t try a man for his life with a juror of this thi caliber I Proceed to disqualify him hm then ten laughed Senator Borah We know why you dont don't want him Mr Darrow retorted and the court took a hand directing that the examination proceed Finally Finaly Mr r. r Darrow Darrow Darrow Dar Dar- row secured an admission of opinion formed and challenged for fOT bias The State resisted stir Mr Darrow proceeding proceeding pro with his examination of Cox made a determined effort efort to bring out admission of an opinion formed fored The declined decline to be bo drawn out and finally in n reply to Mr Darrows Darrow's s question ques question tion ton said an angrily nIJ Well you seem to have fixed it that way wai fo for yourself Cox admitted that he- he had bad been a el juror in several cimin criminal cases but iad had not sat as a trial juror in a mur mUT der case eaSe He had been a grand erand juror when indictments indictment were found foud for mur der And you you swear that you have no prejudice against this prisoner I II I I have said I so so and I say so again replied Cox an angrily rily In ha reply to the te question whether he would be willing to be oe e tried trie for his life fe by bJ a juror having th the same state of mind as he had towards the defendant C Cox x said most emphatically and no amount of changing chancing of the form of the qu question ston coula change this reply Mr tr Darrow chall chal challenged again when the Juror uror juror in reply renly to the question as wha to what he l ie would do if n in doubt after hearing the the evidence said that he he would woud be guided by by time the other eleven The challenge was again resisted and a remark from Mr lr Darr Darrow w as to the competence competence of the juror brought Senator Sena Sena- Sena tor Borah orah to his feet in defense of the as c a a od citizen juror g good of Ada c county coun coun- un- un ty who ha had answered honesty honestly Three Tee Challenges Left If I ve ha you have hat hat-a legal l' l o option objection to to mako make to this juror p put pit it in l a and d well we'll take takE care of it said Senator B Borah wel rab rb Finally the tha the defense passed Cox for passe cause and amI the St State te was called upon to exercise its ninth peremptory caled chal chal- lenge Henry Henl Curtis Curts the occupant of the ninth chaI chair and and the c who had bad hd intelligently discussed So Socialism with ith Mr lIr Darrow in in the course of f his examination for cause caus was ch challenged by the State at 1140 a. a m. m D. D This is the e seventeenth se challenge and ninth for the State T. T H. H Roton a farmer was the next called caled H He wag was promptly disposed dis dis- prompt posed of for cause and William B Bird rd a farmer famer came to the ninth chair Birch sa said d ha he had an impression and did not think he e could dismiss that i opinion on from his s mind I After examination by y Judge Wood on that point however h he be admitted d th that he dmit t could a after ter taking the oath as s a a- a juror d clear a his mind of all al impressIon sion or opinion The next question however settled the matter matteI for or Birch It I developed that hat he was opposed to capital pun pun- an and he was as excused I Ira I L Aiken a rancher was the tho next I tal drawn and W was under nation nhon by bJ the the State for cause h when n court cout at noon took recess until p. p pm p.m. m. m |