Evening Republican, Volume 15, Number 270, Rensselaer, Jasper County, 15 November 1911 — PASSED ELEVEN JURYMEN IN THE POOLE CASE. [ARTICLE]

PASSED ELEVEN JURYMEN IN THE POOLE CASE .

Grace Poole Visited Court Room, Kissing Her Father—Third Special Venire Drawn Tuesday. With eleven jurors passed by the defense and unchallenged so far by the state, the trial of John W. Poole, indicted for murder in the first degree on three counts, was adjourned at 2:45 o’clock yesterday afternoon after the regular September term panel dhd two special venires of jurymen had been exhausted. Instructing the jury commissioners to draw twenty more veniremen, Judge Richard P. DeHart adjourned court until 10 o'clock this morning. Elmo* H. Barce, of Fowler, counsel for Poole, stated that he was satisfied with the eleven jurors now in the box ahd

said-he believed that they would make a fair verdict in the case, according to the evidence introduced. There were twelve jurors an! six talesmen in the regular panel, sixteen veniremefi jdrawn in the first special ventre and twenty-five in thesecond, making a total of flfty-mre veniremen drawn for the Poole case. A few of these for various reasons, did not appear in court, but the greater majority were challenged and excused for cause. With the one chair In the jurybox to fill, the case will proceed at 10 o’clock this morning. Elmore H. Barce, attorney for Poole, used his first peremptory challenge yesterday afternoon, when he had Thomas Ellis removed from the jurybox. In a murder case, the defense and the state each has the right to twenty peremptory challehges and the court must make the removals So far the defense has used but one and the state not any.

Grace Poole; the daughter of John W. Poole, who by mortgaging her property is paying for the defense of her father, was in the' Court room yesterday afternoon for an hour. The room was crowded when Miss Poole entered and when she walked to the defendant’s table and kissed her father it caused a stir among the spectators. He appeared surprised to see Iter, as he rose to greet his daughter. Heavily veiled, she sat at his riie-M *•'■« •» ghort time, listened to the questioning of the jurors, and then left the court room. Poole’s brother-in-law, Frank Baines, of Swanington, was also in the court room during the afternoon and appeared greatly interested in the proceedings. He sat among the spectators and did not speak to Poole as the case continued. Poole himself seemed calmer yesterday and didn’t evince as much interest in the proceedings as on the opening day of the trial. Occasionally he would make some remark to his attorney, but for -the most part, sat quietly watching. Both yesterday morning and after-, noon /he court room was packed wit’; spectators. Many Lafayette lawyers not interested in the case visited the trial and there, were a number of Benton county attorneys present the afternoon. There were a few women in the room. After twelve jurymen had been passed by the State, Elmore H. Barce, counsel for the defense, took the jury. He stated the point of law that a man is innocent of a crime unless proved guilty and that the defendant should be given the benefit of any reasonable doubt Each juror said that, in case of a reasonable doubt he would give the benefit of that doubt to the defendant. Mr. Barce was also persistent in sacking each juror if he had any prejudices against the plea of insanity, and in each instance he received a negative answer. The attorney for the defense was very thorough in his examination of the jurors. It was 12 o’clock as he finished with Thomas Ellis, the first venireman he examined and .adjournment was made Until 1 o’clock, when the'court again convened.

Concluding his Questioning the jurors, Mr. Barce made his first peremptory challenge against Thomas Ell s and' he was excused by the court. Mil ton Samons, of Wabash township, was then called by the cleric and was questioned first by the defense. He said that he had fanned very firm opinions of the case from reading the newspapers, but, when Mr. Barce asked him If it would require very much sworn to waive his opinions gotten from newspaper reports, be admitted that it wouldn* And the defense passed the juror. When Prosecutor Kimmel .cha» lenged Samons for cause, Barce objected but Judge DeHart sustained the state’s challenge, saying that a juryman should go to the jurybox with a mind absolutely free from opinions on the case. He excused Samons. Harry Sutton Shelby was

the last venireman left and when he was excused for having opinions of the case, the second special venire was exhausted. Judge DeHart the i ordered the third special venire </ twenty men to be drawn and to be notified to be present at the court room at tex o’clock this morning, wheu the trial will be continued.

The eleven men still remaining on the jury are Paul Post, George Lake. Aaron F. Rice, Edward Haywood, W. C. Campbell, Allen Coffel, George Van Meter, E. W. Elliott, William A. Coyner, Oliver Henderson and Irwin Peters.