| Show I 1 I 1 r r if ill I 1 11 N LAW y all it 19 6 I 1 N till 2 III CASI BIC N I 1 KI n 1 2 0 a M AT A U 91 I 1 11 of I 1 a 0 01 n N 11 I 1 quarrel W started over a grand army veteran who was dull of under 1 standing one of the accepted jurors declares he cannot take tae I 1 t I 1 the oath required by I 1 law but he tie is not excused V I 1 I 1 I 1 I 1 boise ida may aray 27 five of uio the few remaining tal esmen of the special cial venire in the murder were in order disqualified when the trial was resumed this morning three of them were opposed to cap ital punishment one was against hanging banging a man on circumstantial al ev evidence 1 I and the other had an irremovable I 1 opinion I 1 the sixth harmon cox a veteran of the civil war a pioneer of 4 he ahe gold rushes of the sixties and now retired from farming his last occupation i cu consumed nearly all of the 1 morning session sea don and involved clarence darrow of the defense and senator ca borah in a series of amusing quarrels the seemed slow a of thought and after atter the state had passed him tor for cause the defense promptly started out to disqualify F him senator borah kept up an interruption 11 and objection and opposed tho the repeated challenges of the defense I 1 mr darrow openly charged that the was incompetent to fry try a man for his life and asserted that the state itself could not want him on oil the jury juat darrow and borah stood I 1 up before the jury and fenced through the discussion which ran through all ilia shades of opinion and impression as to all the material facts so far do developed in the case by turns mr darrow grew exasperated and then calm and coaxing and once the patient lost his temper mr I 1 cox was halting and unclear about manof many the incidents incident of the case but he lie always came back to the assertion that his mind was free from an opinion as to tb 04 guilt or innocence Inno cerice of the accused that he lie was free from bias or prejudice that he lie could give the defendant a fair trial the remaining tal esmen of the second special panel will be examined during the day and there must bo be an adjournment for another special venire sj j ZIA I 1 9 Bol 5 i wal seIda 1 6 6 4 1 nt 3 May 27 1 6 nty I 1 7 1 six people including twelve 0 t tal a eoln esmen seated inside the bar as spectators the trial of W D haywood charged with the murder of former governor opened today at the thirteenth day it Is probable that the court will adjourn some time today and that a special venire will be summoned it Is doubtful it if this venire can be brought birou ht together in time for a session ss sion of court on wednesday if this cannot be done no session can be held until next friday F as I 1 thursday Is 19 a legal holiday and no I 1 court can be held on that day immediately after the preliminaries after the opening of court the state took up I 1 the examination of S 11 joplin who 1 was called to the seventh chair just as court adjourned on saturday af vernoon ler noon I 1 in the course of his exam i lin said sald that he was opposed to capital 1 punishment I 1 1 I presume the state will pay no 1 attention to that disqualification said j clarence S darrow counsel for the defense amid laughter t the state however challenged and t joplin was excused I 1 I 1 0 J northrup North nip a prominent business I 1 man of boise was excused after a 1 few questions that showed prejudice 1 IV C williamson Will tamson a rancher and at 2 one time a miner and a member of the western federation of miners Iners INT 4 was wag next called williamson Will lamson worked Is jn in a mine at stiver silver city some nine years ago lie ile later gave up mining y and severed his connection with A the western federation of miners because 12 as he said they told mo me I 1 was waa getting too old for the mine so y 4 1 I gave it up and went to farming i williamson proved a somewhat refreshing change from the run 0 of f tales ll 11 men under examination for cause he said that since he bad been called 1 as a juryman he had not allowed people d pieto 10 lo talk pf af the case in his hearing I 1 that he had formed no definite opinion et as a to the guilt or innocence of 1 haywood ibay wood and prepared to believe him 1 innocent until he lie was proven guilty d the state was progressing splendidly 19 e along the line of qualification for cause and when just about to pass t the williamson caused much t amusement by quietly interjecting the 0 remark 13 1 I want ant to say that I 1 am opposed to it capital punishment 0 he ile was quickly disposed of and jake dingman of boise was disposed of N lor for bame same reason A ws W S buche bank cashier of boise 1 1 wai was the fifth called inside r the first halt half byr hour buche said aa 1 1 I would not under any circum stances convict a man where tb the penalty Is death on circumstantial evi idenie dence further ho he said mild that he could not take the oath as a juror holding 1 these views ho ile was challenged by I 1 the state and excused harmon cox a retired rancher who J had worked as a carpenter in iowa ll 11 wyoming and nevada was passed for 17 9 cause by the state and bis his examination exan ilna 0 for the defense was taken up by clarence darrow V after the opening of tiie the afternoon session version mrs haywood her nurse and youngest daughter were in court t at the request of the court the clerk clerc t read an invitation from the veterans j 4 of the G A R to attend the el 1 on decoration day next thursday a 11 legal holiday on which day the court 1 I will ill not be held 1 af J I 1 E lotto the juror whose f examination created much interest on ov I 1 saturday rose in his place and asked that he be further examined as to his competency io to serve as a juror he said that he would be unable to take the oath in its present form the 1 attorneys he said in his opinion were foolish to tal take W him as a juror 1 0 o r tiia judge wood said as he i understood linde rs d it the court had no discretion in the matter and left it to counsel on both sides senator borah said he had no desire to further at this time and the defense offering no suggestion the matter was passed and the examination of ira L aikin alkin was continued he said he lie had no serious objection to capital punishment and had formed and expressed an ai i opinion he ile was challenged and excused S ina M burns formerly a merchant of meridan and now part owner of a M mine ine in custer county was called it seems like I 1 have formed an opinion he said in answer to a question but went on to say that tho the opinion had been modified except that he had learned since coming coining to boise I 1 that haywood Is a socialist he had a prejudice against socialism and felt that tho the defendant is guilty he wa was challenged and excused arnold ray I 1 I 1 a rancher was the next I 1 leaving only two names in the box out of the venire ventre in reply to the question as to whether he lie knew know of any reason why evily be he should not sit as a juror in ill the trial he said that he was opposed to capital punishment ho he I 1 was challenged and excused flegel dark clark a rancher came to the ninth chair he had formed and expressed his opinion and stepped down in less than five minutes minute 3 B A butler a carpenter the last of the tal esmen was called at p m he ile was opposed to capital punishment on any kind of evidence and was promptly excused he stepped aside and it was announced that take panel was exhausted judge wood asked counsel sl 1 how w I 1 alman amany tal esmen had been bean summoned mr gawle hawley said that in view of the fact that three three peremptory challenges still remained to be exercised that one chair was vacant and one juror might not qualify evidently referring to at least sixty venire men should be summoned judge wood ordered a special panel of sixty and announced that it would be impossible to get this number in time to hold court on wednesday thursday being a holiday it would judge wood said be noces necessary saxy to adjourn until friday morning tho the bailiffs were sworn and the jury retired after the usual caution |
