17

TWELVE GOOD MEN AND TRUE

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THE JURY SECURED IN THE SHEEDY CASE.

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Juror Norton Discovered to Have Talked Himself Into a Bad Predicament.

------------------------------------------------

He [Saw?] $ in the Position of Juror Opening Statements of What the Respective Attorneys Anticipate Their Ability to Prove.

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The Testimony to Begin To day,

There were few spectators present yesterday morning when court opened in the Sheedy murder case. Mrs. Sheely had come in escorted only by Mr. [Biggenting?], the wealthy old uncle from Boise City, and her sister, Mrs. Morgan, the other sisters, Mrs. Dean and Mrs. [Barber?], being a trifle late in arriving at the court house. Monday McFarland found the escort of Jailer Langdon good enough for him.

Mrs. Sheedy was somewhat more nervous than at any previous time since the trial, and Monday preserved his usual [??] gravity throughout.

The first hour of work in completing the panel of jurors was dull enough, but at the end of that time the lively scenes forshadowed in THE JOURNAL of Sunday morning began to dawn in the procedings, [rather?] the promise thereof after over an hour of consultations among all of the attorneys, during which time the court and attendants were [?] and the spectators were perplexed and impatient, the first extra sensational feature of the trial was sprung in the sworn charges preferred against Juror A B. Norton of Davey, which led to his subsequent release from the panel and his arrest. From that time on the proceedings were mroe interesting, until at: the opening statements of counsel, outlining their respective cases, were completed and the jury cautioned to refrain from discussions of the case and the bailiffs cautioned to permit them to read no local papers.

The jury to whom the case will be finally submitted comprises [Jauies?] Van [Canipin?] of Little Salt precinct, J. C. Jensen of Lincoln and George Albrecht of Highland, who wee members of the first panel of 150 drawn; Fal Young and John Robertson of Panama. C. S. Cadwallader of Little Sat, Luther Battten of Oak, James Johnson of Grant and Thomas Riley of Buda, all members of the third panel.

To secure this jury, 364 men have passed through the judicial sweat box on the revolving chair usually reserved for the use of witnesses, out of 486 summoned on the regular and three special panels.

The Morning Session.

Thomas Lynch, jr., a young farmer and the first juror called, said that he had formed an opinion from what he had read and heard read; had either read the confession or heard it read, but it had escaped his memory, as had also his [?]. He was excused.

[?] Whiting of this city, a commercial tourist for a St. Louis tobacco house, had no scruples against the death penalty or circumstantial evidence; had read all the details and had a sample of his opinion with him. He was excused.

E. B. Barney, a dealer in rubber; had an opinion and wasn't needed.

C. S. Cadwallader of Raymond, a farmer, supposed he had expressed himself about the case, but couldn't say it was an opinion believed he had read the confession and part of the testimony about the inquest and prliminary hearing; thought he had formed an opinion therein. It would take some first-hand evidence to remove that opinion. The defense held a long consultation over this witness and finally challenged, but withdrew the objection and he took his seat in the box.

The thirty-second and last regular challenge of the defense ruined the financial hopes of Jolin H. Hart, and he flitted because Colonel Philpost of Monday's counsel didn't hanker after him.

M. H. Baldwin of University' place was the next called and said he has formed an opinion from what he had [caught?] flitting around through the suburbs. He was excused on the states challenge for cause.

J. R. Roscoe of Denton precint, a farmer, knew Mr. Sheedy and had formed an opinion from having read McFarland's confession, and if that was true he supposed they were guilty. He was promptly tired.

H. A. Larriner of Raymond, a farmer, had formed an opinion on what he had read. He had read the case all through up to the last day. He was excused.

A. J. Webster was excused because he was something of a lawyer himself.

William [Heitman?] of Olive Branch precint, had read the confession and testimony and knew he had an opinion, therefore the court bade him depart.

Luther Batten of Raymond, a farmer, couldn't say whether he had or hadn't formed an opinion; had read the News and the Call and might have formed an opinion, but it was not a well developed one. He had no prejudice, and if selected as a juror, thought he could render a verdict based on the law and the evidence, but wasn't sure, as he had read a great deal about the case and it was a pretty well tangled up case. Had talked with Melick about it a long time since but it had not left an opinion. He had no scruples against the indiction of the death penalty; believed hanging was justice for some people; couldn't say he would or would not hang on circumstantial evidence if it convinced him he would return a verdict accordingly. He was passed by both sides and filled the panel, it was supposed, as far as any further challenge of the defense was concerned, and the court announced:

"The states' last challenge."

Then there was a mysterious movement among the attorneys for the state. After vainly endeavoring to conduct a secret conference around the attorneys' [?] they retired to the private office of Judge Field to confer. Pretty soon Mr. Snell came out, secured his hat and went away, presumably to make some investigation or inquiry.

The presumption was correct and over an hour was allowed to flit by into oblivion [ere?] there was a return into court by the attorneys. In the secret conferences, held in the court's private office all of the attorneys participated at times. The promised [?] revelation came with refreshing strength when it developed in a short time that the discussion was over Juror A. B. Norton. The state was fortified with a number of affidavits to prove that Norton, prior to the begining of the trial, had expressed an opinion. In fact he had launched upon the public a number of opinions. One of them was to the effect that Mrs. Sheedy was guilty and deserved to be hung. Another was that both were gulity, while to still another he had said that "lie would hang the d--d nigger and let the woman go free." These aftidavits were kept among the attorneys for some time, but it was apparent that a storm was brewing in the little room where the conference was being held. The state [?] the juror, removed and didn't wish to exercise its sole remaining challenge in that direction. The defense insisted that the state exercised its challenge for his removal.

The jury was removed from the court at a [?] request of counsel and Mr. Lamberson entered the following notion:

"We move to exclude the juror, A. B. Norton of Davey, for the reasin that he has formed and expressed an opinion touching the guilt or innocence of the accused--both of them--at numerous [?], which fact was not disclosed in his examination in the voir dire. And not withstanding the fact that he swore on that examination that he had not formed or expressed any opinion, that he had not read the newspaper account except stray sketches; that he had not read what purported to be the confession [?] the testimony taken either at the preliminary hearing or before the coroner's jury, and in support of that motion I have six affidavits."

These affidavits were then read by the speaker and were certainly of a starting nature, two of them being as follows:

"G. A. Swvey, being first duly sworn on oath says that he as a resident and citizen of Rock Creek precinct and has been since 1887 that he has known one A. B. Norton who is now on the panel of jurors, in the above entitled case, for three years or more; that on or about the 1st day of May, 1891, said Norton had a conversation with this affiant when they were on their way home from the city of Lincoln; that at said time said Norton had been drawn and served as one of the special from which a jury in, said cause was to be chosen that said Norton said he was going to serve on said jury, if possible; that a [?] the city of Lincoln had told him that there was $500 on it, and that he would hold the jury until he got money for his verdict; that the Sheedy's were rich and that if they could convinct Mrs. Sheedy they would get the money, and that he was agoing to have a part of it."

"R. B. Crawford, [?] first duly sworn, says that he has lived up the town of Davey about two years and in the county since 1871, excepting three years; that he is acquanted with one A. B. Norton, who is now one of the panel of eleven chosen in the above entitled case and has known him for about eighteen months; that the same day that said Norton got his summons to appear as a juror in said cause he was at the blacksmith shop of this affiant in the town of Davey; that said Norton told this affiant at said time and place that if he could get to serve on the Sheedy jury he would make some money out of it; that this affiant supposed from what Norton said and the manner of his saying it, that he would take money for his verdict from either side that would pay him for it."

The remaining affidavits were by W. H. Tarball, Patrick McGill, James O'Brien and Phillip Opp, all business men of Davey, who had been present at varitimes when accounts of the case had been read in the presence of Norton, and each of these had heard him express such opinions as "Oh--I! the woman will get clear and the nigger will hang," "The d--d nigger is guilty and ought to hang," and other similar expressions.

Mr. Strode objectified to the entering of any such motion and asked that it be reduced to writing. He further objected to the reading of any affidavits in support of such in [imption?], for the reason that said juror had been passed and accepted as a juror and this motion was made and sought to be brought to the attention of the court after the defendants had exhausted all their premptory challenges and for the further reason that the court was without jurisdiction to entertain any such motion and the motion was proper and incompetent for any purpose whatever, and also the affidavits in support thereof; and further that the state had yet one challenge and has the power to remove the object on able juror.

The court overruled the objection.

Mr. Lambertson--I have here the testimony of Norton on his voir dire exmaination.

The testimony was read, wherein Norton testified that he had not read the confession nor expressed an opinion, and Lambertson continued:

"I think it was first on Saturday that it came to our ears through a communication, and also by the representation of a gentleman that Mr. Norton had formed and expressed an opinion." Since that time we have been as diligent as possible to get at the exact facts, and only obtained them a few minutes before the motion was made, null although the conversations and opinions of the juror would seeth in some respects to be favorable in the state, certainly as against one of the defendants, and perhaps favorable as to the other, but whatever might to the opinion, we flet it was our duty to first call the attention of the counsel of the opposite side so that this juror might be excused without any scandal, if necessary by agreement. And we laid before them to consent to have the juror excused. This they were not willing to do unless we would extend to them the thiry-third premptory challenge, which we declined upon the ground that it was not our fault that this man had passed into the panel and had violated his oath. Now, recognizing as we do the importance of this trial, and the fact that it may cost the country thousands and thousands of dollars, nobody knows how much time and expense of counsel and the issue--none can be more important--the matter of life and death, hanging upon this verdict--we felt that whatever mgiht be the opinion of this man, whether for or against us, as to one or both of the defendants, that we ought to call the attention of the court to this juror and have him excluded from the panel, so that we could enter upon this trial with an unbiased, unprejudiced and an honest journey, and so that when the end comes we can feel that the verdict we have is an honest verdict, returned by the peers of these defendants, and therefore we ask that this man be excluded from the panel. And if I could express certainly my own convinction about it, I could wish not only that that man be excluded from the panel, but that he be put into the hands of the officers, there to be prosecuted for perjury and for a violation of oath. It is too frequent, it seems to me, that [jurymer?] come into the box; it is too frequent that men get upon this panel and betray the trust and confidence that is imposed upon them, making a mockery of justice, and I would not only like to see him excluded from the panel, but deals with according to the law. Now on the question of a peremptory challenge, Prior to the time these gentlemen had made their last premptory challenge we asked them to wave, as we desired to make a

TWELVE GOOD MEN AND TRUE

------------------------------------------------

THE JURY SECURED IN THE SHEEDY CASE.

-----------------------------------------------

Juror Norton Discovered to Have Talked Himself Into a Bad Predicament.

------------------------------------------------

He [Saw?] $ in the Position of Juror Opening Statements of What the Respective Attorneys Anticipate Their Ability to Prove.

------------------------------------------------

The Testimony to Begin To day,

There were few spectators present yesterday morning when court opened in the Sheedy murder case. Mrs. Sheely had come in escorted only by Mr. [Biggenting?], the wealthy old uncle from Boise City, and her sister, Mrs. Morgan, the other sisters, Mrs. Dean and Mrs. [Barber?], being a trifle late in arriving at the court house. Monday McFarland found the escort of Jailer Langdon good enough for him.

Mrs. Sheedy was somewhat more nervous than at any previous time since the trial, and Monday preserved his usual [??] gravity throughout.

The first hour of work in completing the panel of jurors was dull enough, but at the end of that time the lively scenes forshadowed in THE JOURNAL of Sunday morning began to dawn in the procedings, [rather?] the promise thereof after over an hour of consultations among all of the attorneys, during which time the court and attendants were [?] and the spectators were perplexed and impatient, the first extra sensational feature of the trial was sprung in the sworn charges preferred against Juror A B. Norton of Davey, which led to his subsequent release from the panel and his arrest. From that time on the proceedings were mroe interesting, until at: the opening statements of counsel, outlining their respective cases, were completed and the jury cautioned to refrain from discussions of the case and the bailiffs cautioned to permit them to read no local papers.

The jury to whom the case will be finally submitted comprises [Jauies?] Van [Canipin?] of Little Salt precinct, J. C. Jensen of Lincoln and George Albrecht of Highland, who wee members of the first panel of 150 drawn; Fal Young and John Robertson of Panama. C. S. Cadwallader of Little Sat, Luther Battten of Oak, James Johnson of Grant and Thomas Riley of Buda, all members of the third panel.

To secure this jury, 364 men have passed through the judicial sweat box on the revolving chair usually reserved for the use of witnesses, out of 486 summoned on the regular and three special panels.

The Morning Session.

Thomas Lynch, jr., a young farmer and the first juror called, said that he had formed an opinion from what he had read and heard read; had either read the confession or heard it read, but it had escaped his memory, as had also his [?]. He was excused.

[?] Whiting of this city, a commercial tourist for a St. Louis tobacco house, had no scruples against the death penalty or circumstantial evidence; had read all the details and had a sample of his opinion with him. He was excused.

E. B. Barney, a dealer in rubber; had an opinion and wasn't needed.

C. S. Cadwallader of Raymond, a farmer, supposed he had expressed himself about the case, but couldn't say it was an opinion believed he had read the confession and part of the testimony about the inquest and prliminary hearing; thought he had formed an opinion therein. It would take some first-hand evidence to remove that opinion. The defense held a long consultation over this witness and finally challenged, but withdrew the objection and he took his seat in the box.

The thirty-second and last regular challenge of the defense ruined the financial hopes of Jolin H. Hart, and he flitted because Colonel Philpost of Monday's counsel didn't hanker after him.

M. H. Baldwin of University' place was the next called and said he has formed an opinion from what he had [caught?] flitting around through the suburbs. He was excused on the states challenge for cause.

J. R. Roscoe of Denton precint, a farmer, knew Mr. Sheedy and had formed an opinion from having read McFarland's confession, and if that was true he supposed they were guilty. He was promptly tired.

H. A. Larriner of Raymond, a farmer, had formed an opinion on what he had read. He had read the case all through up to the last day. He was excused.

A. J. Webster was excused because he was something of a lawyer himself.

William [Heitman?] of Olive Branch precint, had read the confession and testimony and knew he had an opinion, therefore the court bade him depart.

Luther Batten of Raymond, a farmer, couldn't say whether he had or hadn't formed an opinion; had read the News and the Call and might have formed an opinion, but it was not a well developed one. He had no prejudice, and if selected as a juror, thought he could render a verdict based on the law and the evidence, but wasn't sure, as he had read a great deal about the case and it was a pretty well tangled up case. Had talked with Melick about it a long time since but it had not left an opinion. He had no scruples against the indiction of the death penalty; believed hanging was justice for some people; couldn't say he would or would not hang on circumstantial evidence if it convinced him he would return a verdict accordingly. He was passed by both sides and filled the panel, it was supposed, as far as any further challenge of the defense was concerned, and the court announced:

"The states' last challenge."

Then there was a mysterious movement among the attorneys for the state. After vainly endeavoring to conduct a secret conference around the attorneys' [?] they retired to the private office of Judge Field to confer. Pretty soon Mr. Snell came out, secured his hat and went away, presumably to make some investigation or inquiry.

The presumption was correct and over an hour was allowed to flit by into oblivion [ere] there was a return into court by the attorneys. In the secret conferences, held in the court's private office all of the attorneys participated at times.