THE MORNING OREGONIAN. SATURDAY, JANUARY 13, 1912, JURY-GETTING FOR SCENE IS CIECUIT JUDGE KAVANAUGH ' S COUETROOM AT OPENING OF TRIAL OF LOUIS J. WILDE, YESTERDAY AFTERNOON Thoroughly Reliable WILDE GASE BEGINS "? thin; . : The Best Results Are Obtained By Using Talesmen See No Need of Evi dence if Morris Admits Guilt. Two Are Rejected. PREMIUM NO. 1 BANKER'S WIFE PRESENT 12 - -ini'Jir - 1 v; rw Kefs 4j . .'X. - fe'.W y'- .U '- . , f -5 t-".5i.a' - - III ':-:-: - - V'. t , Biff Array of Attorney for and Against Promoter In Court De fense Does AH Questioning. Convict's Statu Unique. f "'"nttm!! FTm F1r-t P.ir.- 1n this. Morris probably m-ould be doomed to disappointment In view of the fact that Governor West recently announced that In the future he would consider favorably applications for pardon only when that action on his part was recommended by the Parole Board. It Is therefor apparent thnj In either event, whether Morris pleads irullty to the pending; Morrui-Wllde Indictment or refuses to plead Kullty thereto and Is convicted with Wilde, he would have to serve at least two years In the peni tentiary before the Parole Board, under the provisions of the parole law, could consider his case and recommend his pardon by the Governor. Merria Oat fer Himself. At any rate, there Is no question but Morris is playlns; his hand well and la preparing. In whatever course he may adopt, to obtain for himself the great est possible coasideration from thi prosecution. Public Interest in the Wilde case la Intense, as was apparent from the fact that nearly an hour before the trial was called by Judge Kavanaugh. .at S Olock yesterday afternoon, the court room was uncomfortably crowded. However, the many spectators re mained throughout the tiresome exam ination of the two prospective Jurors, which continued until ( o'clock, when court took an adjournment until s:JO o'clock this morning;. Including the array of legal talent participating In the case and the special agents and detectives employed by both sides, the average cltlsen was al most obliged to fight for a breathing space In the none too commodious courtroom. Tresent at the opening of the trial were the folowlng named lawyers representing the prosecution: A. K- I'lark. special prosecutor: District Attorney Cameron. leputy District At torney Fitzgerald and Dputles Page. Mlchelet and Collier, from the District Attorney's office. Attorneys for the defense are Dan J. Malarkey. Jay Bow erman. Charles E. Sumner and Warren E. Thomas. At th openlno; session yesterday it if. tr -; u -i U j -2 (MMmI Jadge Kavaaangk ea ke Beark Lawyer for Opposing Side Seated at Middle Row of Tables! Reading; From Rl gkt to Left They A ret A. K. Clark, Special Preeeeater Oaly Bark of His Head Skowa) District Attorney Cameron, Deputy District Attorney Fltagerald, Counsel for the Prosecution t Jay Bawerman, Charles R. Snmner aad Daa J. Malarkey, Conaael for Defense Seated Opposite Bowennaa la Warren V Thomas, Also of Coun sel for Defense In the Jury Bog Are Seen Ten of the Twelve Prospective Jurors First Called Facing the Lawyers Is a Group of Newspaper Men. Mr. Wilde did not occupy a seat along side his counsel, but sat In the rear of the bar enclosure, with Mrs. Wilds and a company of friends. Including Mrs. Sumner and Mrs. W . O. Poor, of Ban Diego, and William Miller, Wilde's brother-in-law. Before the first panel of 13 prospec tive Jurors was called Deputy District Attorney Fltsgerald asked permission of the court to examine the papers In the case, to determine that all the pro ceedings to date had been regular. Mr. Fltxgurald announced that he wan sat isfied with the regularity of the docu ments and the following 13 men filed into the Jury box as their names were called by the clerk of the court: William Kallender. Alvln 8. Walker. L. D. Nash. D. W. Falrclough. C. A. Eastman. H. N. Caldwell. J. H. MacDon ald. W. E. Gaines. O. F. Rampe. J. T. Lacey. Charles Dahl and Barney Kaf- fey. In Ms examination of veniremen ouchlng on their qualifications to sit In the case, Mr. Malarkey directed his Interrogations chiefly toward ascertain ing if a probable pUa of guilty by Morris would exert any Influence on heir minds In considering the charge gainst Wilde and whether the fact that Morris pleaded guilty would be ac cepted as conclusive proof of his guilt without further evidence and testi many to corroborate It. He was also eager to find out If the fact that Wilde elng a man of some wealth would In any way Influence the Juror In deter mining his guilt or Innocence. Bnslaera Relatione Asked. i Counsel for defense also questioned I the prospective Jurors if the fact that the indictment charged embezzlement of 190.000 would cause them more readily to conclude the defendant guilty than If the amount of the al Ieged embezzlement was only $100. Other questions adressed to the Jurors under examination were If they had any Interest In any telephone company, un derstood the meaning of the legal terras "presumptive Innocence" and "reasonable doubt" aa applied to the trial of criminal cases. Mr. Ma larkey also Interrogated the talesmen exhaustively as to their acquaintance and business relations with the officers of the Oregon Trust & Savings Bank and the Uerman-Amerlcan Bank or District Attorney Cameron, enumerat ing among other names, the following: Thomas C Devlin. P. I Willis. George Kates, Samuel G. Reed, and the bank ing firm of Ashley & Rumelln. The line of questioning that will be followed . by counsel tor the prosecu tion In determining the acceptability of talesmen as Jurors was not disclosed yesterday, the examination In the case of both veniremen being conducted en tirely by the defense. Contractor Quisled First. The first Juror examined wss Wil liam Kallender. Carpenter and con tractor, residing at Flrland, native of Sweden and for ten years a resident of Multnomah County. Kallender said three of hla brothers had savings ac counts In the Oregon Trust A Savings Bank when It failed and that their claims were fully liquidated In cash with the exception of one brother, Tver Kallender. of Sherwood. Wsshlngton County, who .accepted In part settle ment of his account a Tacoma tele phone bond for .100. Kallender did not know any of the officers of the sus pended bank nor had he ever had busi ness dealings with the Institution, al though from newspaper accounts he had read he had concluded Wilde waa an iff leer of the defunct banking In stitution. Responding to a direct question as to the effect in his consideration of Wilde an admlss'on of guilt by Morris would have, Kallender admitted thtft It would lnfl' ence him In passing on Wilde's case, although he admitted that at this time be did not have any opinion as to the girl't or Innocence oi Wilde. Confession Deemed Esoukb. -"If Morris should plead guilty to this Indictment would It require any further evidence to convince you that he Is guilty?" asked Mr. Malarkey. "If Morris pleads guilty he must be guilty," was the answer. The same question was asked in various forms by Mr. Malarkey but Kallender held to his original conclu sion tenaciously, whereupon defend ant's counsel challenged the Juror for cause. Mr. Fitzgerald contended that It was difficult for a layman to under stand the legal terms in which Mr. Malarkey had couched his questions and denied the challenge until he could Interrogate Kallender further, but the Deputy District Attorney made no headway. Judge Kavanaugh then took the Juror In hand, but he received the same blunt answer from the Juror, who was excused promptly. Hqual difficulty developed in the ex amination of Alvln S. Walker, the next talesman. Walker conducts a confec tionery store at 693 East Morrison street, and has been a resident of Mult nomah Connty for 15 years. He is a native of England and lived for 15 years in Canada before coming to Ore gon, where he first located at As toria, and engaged In the butcher busi ness. He had not had any dealings with either the Oregon Trust & Sav ings Bank or the German-American Bank, but also declared he knew noth ing about the transaction on which the Indictment of Morris and Wilde was based, admitting that the only portion of the newspapers he read was the sporting page. Walker got along fairly well until he was asked to give his definition of "reasonable doubt." This stumped him. The legal term was defined clear ly by Mr. Malarkey, but the Juror with held committing himself. "Suppose you were accepted as a Juror in this case and upon reaching the Juryroom thought that, although some of the evidence against the de fendant looked bad, still you Jiad a 'reasonable doubt as to the guilt of the accused, how would you vote aa to a verdict? Would; you vote guilty" or not guilty V " "I would use my Judgment," came back the oft-repeated answer. - This did not satisfy Mr. Malarkey, who made another try and appealed to the Juror for a response on the ground that it waa required of him to answer the question. j "What If I don't have to?" argued . Walker. ' I Here Judsre Kavanaugh interrupted Registered V. 8. Pat. OtBes (Blue Carton. Yellow Label) In making Cakes. Pies. Puddings. Frosting. Ice Cream. Sauces. Fudges. Hot and Cold Drinks For more than 131 years this chocolate has been the standard for purity, delicacy of flavor and uniform quality. 53 HIGHEST AWARDS IN EUROPE. AND AMERICA The trade-mark, "la Belle Chocolatiere," on every genuine package. A beautifully illustrated booklet of new recipes lor Home Made Candies and Dainty Dishes sent free. WALTER BAKER EL CO. Limited Established 17SO DORCHESTER. MASS. the dialogue and reminded the Jurdr that a definite answer was expected. At the same time the court presented clearly and succinctly the circum stances under which "reasonble doubt" might exist, and apprised the venire man that In the trial of the case the Jurymen would be instructed by the court that If they entertained such a doubt as to the guilt of thfe accused. It was their duty to return a verdict of "not guilty." "Under such circumstances, then. In quired the court, "how wouldyou vote on the question of a verdict?" "I would vote "not guilty," " replied Walker. Talesman Again Mixed.' The examination had hardly resumed until Walker again found himself per plexed when asked how he would be Influenced In the consideration of Wilde's case if Morris should plead guilty to the indictment on which Wilde was being tried. Walker, like Kal lender, maintained that the fact that a defendant should admit his guilt was conclusive proof to him of the wrong doing of the person confessing without any other proof. He could not get away from this unvarying reply but finally caused some laughter, when he leaned forward, and, addressing the court, inquired: 'May I ask a quetsion in this case?" 'Certainly." answered Judge Kava naugh and Mr. Malarkey in unison. "Well. Is Morris guilty of this charger' Walker was assured by Mr. Mai ark ey that Morris had not entered any plea to the Indictment, but the continued In terrogation 'of the Juror failed to dis lodge his opinion as originally formed concerning the effect of Morris' possible confession. Mr. Malarkey submitted a challenge for cause to which Mr. Flts gerald again objected. The Deputy Dis trict Attorney insisted that before Walker's qualifications as a Juror were finally passed on or other prospective jurors were examined, a plain and simple statement of the questions which were confusing the talesmen should be made, otherwise a Jury would not be obtained "before next June." This was agreed to by both sides and the further examination of Walker will be resumed when court convenes this morning. JOSLEN JURY DISAGREES San Francisco Doctor Will Bo Tried Again on Seduction Charge. y SAN FRANCISCO, Jan. 12. After de liberating 24 hours, the Jury in the case of rr. E. C. Joslen, charged with se duction by Ethel Williams, formerly a salesgirl In a candy store, reported at 6 o'clock tonight that It had been un able to reach a verdict and was dis charged. Judge Lawler set January 22 as the date for the new trial. Are Sweet, 27W Seedless, ; Juicy Navels 7 These are the very finest oranges grown. They are the best crop of tr aaa r " vr prize groves oi vaniorma. frf I Besides being sweet, juicy navels, ltU;.jJ each "Sunkist" is tree-ripened. Each is picked with gloves. Each is sound, seedless perfect. Oranges Most f Healthful Fruit All oranges are healthful, but this tree-ripened, full-flavored fruit tones digestion and supplies the required acid like no other. It is impossible to get better oranges than those which come in"Sunkist" wrappers. They keep well, as each orange comes to you perfect, sound and solid. Buy 'them by the dozen, half-box or box during this big week's sale at greatly reduced prices. M iM -'. lw BEGINS MONDAY Huge sale of finest California Navel Oranges. These are the famous "Sunkist" Oranges, the prize crop of California. Each "Sunkist" comes in a valuable wrap per. Save wrappers and obtain beautiful and genuine Rogers' Silverware. Read full instructions to the right This special orange-week sale begins Monday and lasts tne entire week. Remember,- California "Sunkist" tree-ripened, hand-picked oranges are the finest in the world and most economical. Special low prices. Buy in Quantities by the box or half -box, at all dealers. Insist on "Sunkist " Wrappers You will get better fruit at lower prices, and you will get free Rogers' Silverware by sending in wrappers along witn a tew stamps or money order to help pay charges, packing, etc "Sunkist" Lemons Most economical, because most juicy. Thin-skinned, and each comes in a valuable "Sunkist" wrapper. Big Sale Begins Monday at All Sealers. California Fruit Growers1 Exchange 192 N. Clark Street S UlltAU'J, U.I. Choose From These Fourteen . "Sunkist" Silver Premiums Get This Orange Spoon At right i3 shown new "Sunkist" Orange Spoon, actual size. Genuine Rogers and of the latest style. Sent you on receipt of 12 "Sunkist" wrappers and 12c to help pay charges, packing, etc For each additional spoon send 12 "Sun kist" wrappers and 12c. Read carefully direc tions at right. Send for full descrip tion, number of wrappers and amount of cash nec essary to secure each article. "Sunkist" Premiums Table Knife Table Fork Dessert Spoon Child's Knife - Bouillon Spoon Coffee Spoon Salad Fork Oyster Fork Child's Fork . Orange Spoon Fruit Knife Teaspoon Tablespoon Butter Spreader iff VUtniunsiiJ This Fruit Knife Yours. Made of special tempered steel heav ily silver-plated, same high quality as tha other "Sunkist" Pre miums. Sent on re ceipt of 24 "Sunkist" wrappers and 20c. For each additional fruit knife send 24 " Sunkist" wrappers . and 20c. Read This Carefully On all remittances tip to 24 cents send one-cent -stamps; on amounts above 24 cents send post office money order, ex press money order or bank draft. Do not send cash. Make money order or draft payable to the California Fruit Growers' Exchange, .and address your letters to the Cali fornia Fruit Growers' Exchange, 192 N. Clark Street, Chicago, 111. Kof responsible for cash sent through the mails. 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