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
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Kefs
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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
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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.
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7
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tr aaa r " vr
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M iM -'. lw
BEGINS
MONDAY
Huge sale of finest California Navel
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Each "Sunkist" comes in a valuable wrap
per. Save wrappers and obtain beautiful and
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Read full instructions to the right
This special orange-week sale begins Monday
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tree-ripened, hand-picked oranges are the finest
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Special low prices. Buy in Quantities by
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Insist on "Sunkist " Wrappers
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"Sunkist" Lemons
Most economical, because most juicy. Thin-skinned, and each
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California Fruit Growers1 Exchange
192 N. Clark Street
S UlltAU'J, U.I.
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Get This Orange Spoon
At right i3 shown
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For each additional
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Read carefully direc
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Send for full descrip
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article.
"Sunkist"
Premiums
Table Knife Table Fork
Dessert Spoon
Child's Knife
- Bouillon Spoon
Coffee Spoon
Salad Fork
Oyster Fork
Child's Fork
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Fruit Knife Teaspoon
Tablespoon
Butter Spreader
iff VUtniunsiiJ
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Made of special
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For each additional
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Read This
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on amounts
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