Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-02-10
ON TRIAL FOR LIFE.
THE MURDER OF GEO. r. HIRTH.
Trial of Bedford. QueenaM and Pinn

n OH "1IOs III N IKE
Trial of Bedford, Queenan and Pinn
The trial of the three colored men-Joseph
Neverson, alias Joseph or ''baben Bedford, Ed
ward Queenan and sandy Pinn-indicted for
the murder of George Philip birth on street
on the evening of January It'll last, was con-
tinued in the Criminal Court, Judge Hagner,
yesterday after our report closed. and the selec-
ton of jurors from the talesmen drawn was
continued as followS-ChaS- F. Bruce was called
and said he had formed no opinion, nor had he
any conscientious scruples as to capital punish
ment; accepted and sworn. Abraham Dorsey
had formed no opinion, nor had he any
scruples challenged by the United States.
John F. Cain had formed no opinion, nor had
he any scruples; challenged by defence.
Richard L. Berry had formed no opinion, nor
had he any scrupleS; lived at Hilsdale; chal-
lenged by defence. At this point 1t was sug
gested that the court adjourn for the day, as a
| number OF the talesmen summoned Q3) had not
yet appeared. and In order to make ii certain to
select the jury and get under way in the morn
ing, that ten additional talesmen be drawn.
The court adopted these suggestions, and direct
ed that the bailtffs take charge Of the jury, and
escort them TO quarters. An immense concourse
gathered ABOUT the van IN 'front.' OF the eastern
portico of the hail. to get look at the prisoners,
but as the counsel wished to confer with them,
it was some time before they were brought out
and driven to the jail
Second Day.
Tho prisoners were brought up quite early
this morning, when there were but few persons
about the courtroom. The ten jurors who
were selected yesterday. having passed the
night at the National Hotel, came in soon after
wards. AS 10 O'Clock approached the court room
gradually filled up. The prisoners presented
much the same appearance as they did yes
terday, with the exception of Queenan, who
had substituted heavy gray coat for dark
one, and wore plaid neck tie. Bedford had on
blue-striped scarf, and Pinn, who yesterday
looked somewhat shabby. had On gray striped
pants. black coat and vest, white shirt andD
standing collar, with black, gold-striped scarf
and IL gold pin. Pinn'S mother and sister were
among the first to arrive in the courtroom and
were interested spectators of the proceedings
it was observed that the prisoners appeared to
be as light-hearted as any of the spectators.
SELECTING A JURY.
The calling OF the taleSmen from whom to
select the two remaining Jurors was proceeded
with Joseph Drury was objected to by defence
On the ground that there was variance as to
his residence. the name drawn being that of
person described as living at 30 High street and
he giving his residence as Frederick street. The
court overruled the point and an exception was
noted. He was challenged by defence. w. j.
Taylor, colored, had formed no opinion, nor had
he any scruples; challenged by government.
George ". Harkness; over age and excused by
the court. Henry Rhodes, colored, was pro-
nounced competent by the court. Mr.. Miller-Did
you ever hear OF this case? The Court-That don't
matter. He was born an idiot if he has not.
Geo. Mag excused by court, being an unnatu-
rallied foreigner. Geo. II. Newman, colored,
was pronounced competent by the court. Chal-
lenged by the government, Which thus eN-
hauSted its challenges. Alfred Berry, colored,
was pronounced competent by the court; ac-
cepted and sworn. Geo. W. Phillips, colored;
challenged by defence. II. W. Hurdle was pro-
nounced competent by the court: challenged by
defence. Allen Dodge asked to be excused on
account OF the illness OF his wife, and the court
excused him.
Several talesmen were called and failing to
respond the court said that he intended to at
tach those who had failed to respond. Mr..
Corkhll submitted that the counsel were enti-
tied to have the answers of these talesmen
in the order drawn. The court said that
he had been inclined to order attach
mems of his own motion. and at once
suspended proceedings, and directed attach
mentS TO issue. This action was perfectly Salts
factory to the counsel for the defence, and in
fact to all present.
TALESMEN mot FOUND
The list was called and several were returned
as mot found; District Attorney Corkhill
called attention to the fact that it was some OF
the best men who were thus returned and some
of them were well known. While he intended
no reflection on the marShas office he thought
1t was his duty TO ask for alias subpRna's, and
an attempt be made to bring them in.
The court doubted the propriety OF issuing
such subpGnas. He further said that While it
was the custom Of the public to reflect on the
juTies the best men of the community were
aVerSe to serving ON them.
The District Attorney said he would not press
the matter now, for the court could not wait
for their return.
Geo. W. Jones, colored, was pronounced COM
petent; challenged by the defence. Gabriel
Goings had formed an opinion to certain |
to change 1t; excused by the court. Wm VOdry, |
colored, l72l 18th street had formed no opinion |
nor had he any scruples; challenged by defence. |
David +. Robinson had formed and expressed
an opinion from reading the papers, but could
give fair verdict. Challenged for cause by
defendant. 1t would require evidence 10 re- !
move the opinion formed. The court pro-
nounced him competent, and the defence noted
an exception and challenged him. Lewis Gle
phane. against whom an attachment was issued. |
mad formed and expressed an opinion, and 1t
would require positive evidence 10 do away with
his convictions OF opinions. The court pro-
nopnced him incompetent and imposed a fine
OF s. and costs OF attachment, 1886.
SUBPg:NAS ISSUED FOR DEIINQCESTS.
The court ordered the alias Subp9naS to be
issued as TO those who had been returned mot
found and ordered that 10 more tales men be
drawn.
a recess was taken at liz o'clock for one
hour.
THE JURY COMPLETE.
On the court reassembling at 1:30 O'Clock the
talesmen were called, but none of them an
swered, and there was further delay OF fifteen
minutes when Gilbert l.. JOY appeared. He had
no opinion or scruples: lived at 1T41 street.
He was accepted and sworn thus completing
the panel at 152 O'Clock.
The jurors selected are as folows:-Richard
Holland tcolored) Thomas j. Barclay, Chas. H.
Tickling, Joseph W. Arnold, Winfield S. Olive,
VIM. Washington tcolored). Dorsey Z. w. Car
ter. George X. Herrick Thomas W. Berry Chas
bert L. Joy (colored.)
QUESTION ABOUT THE INDICTMENTS.
MI. L. r. MllltT dSkeu IuaI before Jury De
sworn
The Court dnterrupting).-But they have been
sworn.
Mr.. Miller.-Is not the jury to be sworn col
lectively?
The court said it would not be-
Mr.. Miller then said that they wished to know
on which indictment they were to be tried.
The Court.-At the outset II was stated that
the trial was on the last found.
MI. Miller asked what disposition would be
made of the first indictment, and said that that
indictment should be disposed of first.
The defense then asked to note an eXcept ion.
The court remarked that they had been now
nearly two days selecting jury on the second
Indictment.
Mr. Miller said that they regarded this indict-
ment as null and void until the first is disposed
OF.
The court ruled that it was not as stated and
an exception was noted.
Mr. Wells, for the prisoners. then filed mo-
ton that the government should elect upon
which count of the indictment they would pro-
coed. There were three sets OF counts-one set
that Hirth was killed by stones, one that death
was caused by feet and hands, and one that
death was caused by some means unknown. 1t
was important they should know what set Of
counts they were to answer. George Philip
Hilth was not killed by stone and then by q
kick. and then in some other manner. He re-
ferred 10 lst Wharton, Sec 426, as to the re-
OuirempntS