National Republican., 1882-12-13
ALLREADY FOR THE TRIAL.
The Second Jury in the Star-Route Cases Sc
leCted Yesterday.
Rulings Of Judge Wylie Relative tc
ChalIenges--Exceptions Thereto.
WHO tho Jurymen Aro-John II. Crane
the Foreman.

bia the question came up from Monday as to
whether counsel had the right to interrogate
Jurors called as jurors. Judge Wylie had de-
cided that if counsel desired to exercise that
right they must first challenge the juror for
cause, and state the grounds of the challenge.
A two-hours' argument ensued, in the course
of which Mr.. Ingersoll admitted that he did
not pretend to know anything as to the law in
force in the District of Columbia, but neither
did anybody else know anything about it, II
anybody did pretend TO know, he did not re-
main long of the same opinion.
The combination Of truth and sarcasm in
che remark elected an amused assent from
Judge and counsel Judge Wyle adhered
practically to his Mondays ruling. At length
the defense was forced into challenge of the
Juror, Franklin Barrett, for cause, and in re-
sponse to questions he said that he had such
an opinion as to the guilt or innocence of the
defendants us would require evidence to re-
move. His opinion was not so deep-seated as
to prevent his rendering a fair verdict, but if
placed in the jury-box it would be with an
opinion unfavorableto to one side. Judge Wylie
thought that the cause of objection to the
juror was sufficient, and Mr.. Barrett was dis
charged. The next person called as a juror
was Thomas Walsh. His replies to the same
class of questions We're practically of
the like character. Isaac Eicher was
next called. The defense made no objection
to him, and called on the court to require
counsel for the prosecution either to challenge
or accept him. The court declined to do so,
and Mr.. Eicher kept his seat in the jury box.
William II. Brown was excused because he
had served as juror within the last two
years. George Il. Dunlop was next called.
He said that he had formed from newspaper
reports an opinion which it would require
testimony to remove; still he could try the
case on the evidence without any other in
fuence The challenge for cause was over
ruled. Counsel for the defense then claimed
the right to interrogate the juror so as to
know whether they should challenge him
peremptorily; but the court decided against
that claim, giving as reason that the very
term "peremptory challenge" indicated that
it VIZ s without reaso on and without inquiry.
Mr. Wilson then claimed on behalf of his
client (Brady), q right to interrogate the juror
on the challenge for cause. The court would
not permit him to do SO, saying that it would
be intolerable where there were six defend
ants jointly indicted for conspiracy, to have
counsel for each of them interrogate q juror
as to cause.
Mr.. Davidge. "Do I understand the court
to rule that in challenges the same counsel
shall represent all the defendants"
Judge Wylie. 81 have announced my ruling
There is no severance in this trial"
The court also ruled that the right of per-
cmptory challenge must be exercised when
the Juror is challenged for cause, or not at all
to which ruling all the counsel excepted.
The juror Dunlop was then peremptorily
challenged.
John Gibson, the next person called as a
Juror, was excused because he had expressed
AN opinion.
Martin ODonahue, the next, had read
something in the newspapers on the star-route
matter, but had supposed, at first, that it had
reference to the star newspaper. He had
formed OF expressed no opinion about it. II
he had said anything, it was 'evasive." He
had two grocery stores to attend to, and they
were of more interest and Importance to him
than the star-route business. He was chal-
lenged peremptorily
John II. Crane, John Hughes, Clarence
Shields (colored), and S. II. Williams were al
lowed to keep their seats in the jury-box with
out challenge from either side. Reese Evans
was challenged for cause. He had not formed
or expressed any opinion. He would not care
what the presidents desired, or what congress
desired or what counsel QngersolD cared.
The challenge for cause was overrued, and
Evans kept his scat. Robert Gilmore (col-
ored), Frank Renshaw, and James III. LuXom
were unchallenged and kept their seats. Ed
mund Hanly was challenged for cause. He
had formed an opinion which it would require
evidence to change. The challenge was sus-
tanned. John II. Hamilton replied in like
manner and was also discharged.
John b. Sheriff was unchallenged.
John III. irving was challenged for cause.
lie had formed an opinion in the case, and it
would require evidence to remove it. Still,
he could hear the testimony and give an i'm
partial verdict. He was challenged peremp-
torly. John Fl. Vernon was satisfactory to
the counsel for all the defendants, except to
Mr.. Wiltshire, counsel for Rerdell, who claimed
the right of peremptery challenge-thc other
counsel not acquiescing, The court was asked
what should be done in that case, and said
that, as at present advised, he could not re-
cognize the challenge. Exception taken).
Jackson Howard (colored) was unchallenged.
This completed the panel, SO far as chal-
lenges on the part of the defense was con-
cerded, the right of challenge on the part of
the prosecution, not being yet exercised.
The first juror, Isaac Eicher, was then chal-
longed for cause on the part of the prosecu-
ton. He had formed and expressed an opin-
ion, and could not try the case imp lrtially,
The challenge was sustained
As to the second juror, John III. Crane, Judge
Wylie said he would excuse him from service
on account of the necessities of his business
but counsel for the defense demonstrated
against it, and the judge, after some argu-
ment, admitted that the excusing of an ac-
ceptable juror might be an erroneous exercise
of discretion, and he therefore stated that
Mr. Crane must remain as a juror. He was
thereupon sworn as the first juror in the case,
and the court then lat 3:15) adjourned.
1t was observed that Foreman Crane of the
new star-route jury did not kiss the book'
as did the rest of the jurymen in being sworn
in. Foreman Crane, it is said, is a free
thinker, or what is known as an unbeliever.
o. mnU n q p