New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-22
THE KERR TRIAL OPENED.
up FITZGERALD OPENS FIRE.
rporRLE TO GET THE LAST JUkoR-MR. BIRDS
AWKWARD DUTY

rporBLE TO GET THE LAST Johoh-M" Di"D
AWKWARD DUTY.
rh. trial OF Thomas B. Kerr for bribing ex
,.,sorroan Fulrraf is at last fairly under way.
One o'clock yesterday afternoon saw inc lury-poA
o.;sfsctorilv filed. Assistant District Attorney
FITZGERALD opened the case Tor The people III an
aaaress which occupied all the rest Of the session.
ga this morning Fulgraf will be put on the wit
80 stand In the fifteen days already consumed
~ ,hs nreliminaries Of the trial. 1900 jurors have
s.nn called. 7l5 have been examined, and Al have
soo, In the box or these latter, eleven have been
Son,led out by challenges from the people, eight
h, challenges from the defendant, and ten excused
~ consent. About flty-seven were examined dur
inc Yesterday forenoon.
when Justice Patterson took his seat at hai1-
,o., +, q the Oyer and Terminer room was crowded
Many lawyers were present, besides those engaged
a., ,be case large portion Of the other spectators
consisted of possible candidates for the Jury-box
~ ,rosc and 70 almost every one else, it came
s.h something of shock, when
Iobn H. Bird the lawyer. after sur
veving the completed jury, selected
victim and had him sponged out He deemed IL
b;s professional duty, he said, TO unburden him-
solf ~ secret to the court and jury lie was an
s,imate friend of the father Of one OF the jury
mon and this father was an officer and q member
- - a club of which he himself was an ofhcer ana
,monber ., II was not aware, when the gentleman
was called upon the witness stand continued Mi.
R;rd that he was son Of that father In add-
zion TO that sir he lives next door to on associate
connsel in this case. We think it would be en-
barrassing TO him to retain his seat. and we ask
Chat iuror No. 6, Mr. Minton be excused.
TOO CLOSE A RELATION TO THE COUNSEL
Colonel Fellows regretted that circumstances
vere as they were but he thought the gentleman
sbould be excused. Mr. Minton silently stole away
and the Judge with world Of WEAKNESS In his
voiee. said Resume the quest" For two hours
and half train of men. armed with opinions
and preiudices clouded with the friend
ships Of Canadian exiles, hsmpered by
queer notions Of jury duty, and dlsquaiined
by social or business relations with the DEFEND
ants, or with the counsel, passed to the s'and'
swofe and were found unfit
Felix Kramer, for instance, had not personal,
but a moral prejudice against Kerr. Louis 4,
Harper looked with strona suspicion on an IN
formers testimony: Fred Myers voted for Jaehne:
George Sloan held that defendant was guilty
until he was proved innocent. Charles A. Dodge
supplied the Kerr household with flowers:
At last there was found one just man7from a
Sylvester J. O'Sullivan, a salesman at No, 80
Franklinst He lives al the Metropolitan Hotel
SO he is lucky enough to be at home in the head
quarters assigned to the jury
Eleven jurymen took the oath and one anirmed
The men who will try Kerr are, therefore, as
follows:
l. Cornelius Harland, superintendent, No. lao West
2 Robert A. Schroeder, cigars, No. Essex-st
Edwin S. smons isSeSr NO; sa7 1i2SS kHo ESaTthaVe'
o. George NJ Huntington agent, No. 22S Broad
g. Sylvester J. o'sullvan, jr., salesman. No. se
!. Henry C. Lfevre, real estate, No. 47c Second
AdolPh Adolpann cigars No S25 Eighth ave.
10 Joseph i. Kelly, statoner No. 264 Sixth ave.
IL. James Doonan, stables, No. 22o Ninth-aye
IL. William A. Trefenberg, broker. No. 1872 West
Ninety nlnthst
As soon the jury was secured the court
rested for an hour. When the session was resumed
Assistant District Attorney Fitzgerald made the
first presentation of the case for the prosecution
lie began to speak at p. III. and finished at 40
T. H. lie went exhaustively into the ofttold
history of the Broadway railroad enterprise, dwell
ling more particularly on the relations OF Sharp,
Foshay and Richmond to the scheme and the
defendants business relations with these worthless
In regard TO the actual offence charged III the III
dictment, he said
There will be no direct proof offered upon
this trial that Kerr personally had had, at any
time in regard 10 this matter, any relations with
Fulgraf. There will however, be proof, abundant
and unassaiable that Fugraf and other mem
bers of the Board TO which he belonged were
bribed; and that in consequence OF such p1Dery
this most valuable franchise was secured Dy Une
defendant and his corrupt associates Tor an enter
prise in which they were interested, and out OF
which. by dishonest and disreputable means, they
acquired enormous profits. >,
The case was adjourned when Mr.. Fitzgerald
finished speaking, with the understanding, how
ever that during the rest Of the trial the pro
ceedings will begin at 10 a. m. and end at
6 p m. daily. The jurvmen were taken to the
rooms in the Metropolitan Hotel occupied by
the Sharp jury They are in the care OF the
court-crer. Billy" Ricketts,.
Mr. Kerr was at the trial all dav. and remained
some time after the adjournment for the day, then
going TO his home where be was last evening.
His counsel John II. Bird. characterized the story
Of any mystery as to where Mr.. Kerr was and as
80 his failure to appear at the trial to-day as
ridiculous. Mr. Kerr is not going to run away,
said Mr.. Bird. after coming hundreds Of miles TO
place himself in the jurisdiction Of the court for
trial. We have an excellent jury, and are salts
fed that our chent will have a fair trial. MI.
Kerr will be on hand to morrow, bright and early,
at 0 o'clock-if alive, and if he is not alive we
will produce his body