Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-15

and as he stood In his accustomed place at
the end of the judges desk he looked
officers had discharged the unusal duties i'm
posed upon them in this case. Besides the
regular panel 140 talesmen have been sum-
mOned in order to get twelve men to try the
case. Today there was n large attendance of
spectators. Up to today only one woman has
appeared in court. This is one of the witnesses
in the case. who has been obliged to attend.
To-day, however. among the spectators were
two young ladies' who came in under the escort
of member of the bar.
ELEVEN JuRYMEN IN THE BOX.
When the court adjourned Saturday night
there were eleven men in the box unchallenged.
These were Geo. L. johnson, Geo. W. Simms,
Chas H. Turner, Isaac H. McCathran, John NJ
RUPERT, Jos. s. Worthington, Peter Carroll,
Henry H. Stanford.
The challenges of the government had then
been exhausted and the defense had one left.
When the court opened this morning Chief
Justice Bingham read statement he had re-
ceived from Mr.. Peter Carroll one of the eleven
men in the box, stating that when examined
Saturday he had unintentionally stated his age
as hfty-five, when, as matter OF fact, he was
sixty-fve.
MR.. cARRoIL's AGE.
Mr.. Carroll was called up to the stand and
stated in answer to the judges inquiries that
he was sixty-five ON the I'd of next month. The
court said if he were not yet sixty-fve he was
still competent as juror.
The district attorney asked Mr.. Carroll in
Mr.. Carroll said he could not remember; the
words. he said, were so blotted that they could
not easily be deciphered.
The judge asked if the record could be
brought to court and Mr.. Carroll stated that
there was no one at his house.
Iiptr Of M 10, tl,a Anp
case which the Court in General Term had re-
manded for new trial because it was shown
that one of the jurors was over sixty-five.
The court sent to the library for the report
of the Angney case.
When the decision was brought ii was found
to be to the purport that in case of fraud per
petrated by the juror in representing himself
as qualified when he was really disqualified by
age the verdict would be invaidate.
DIDN'T KNOW WHETHER HE WAS FIFTY-FIvE,
sIXTY-FIvE OR sEvENTY-FIvE.
The judge examined Mr. Carroll further and
found that he was much in doubt about his
age, whether it was fifty-five, sixty-fve or sew
enty-five. He said his family called his atten-
ton to the fact that he was sixty-five when he
went home Saturday night. He said his sister,
who had the record had telegraphed yesterday
that he was too old to serve.
Mr.. Carroll said he came to the city in 1874,
when James X. Polk was elected and he was
then young man. he thought, sixteen or sew
enteen years OF age.
The Judge remarked that that would make
him now sixty-two or sixty-three years old.
The question was discussed by counsel at
some length, the district attorney urging that
the statements showed there was much doubt
as to whether Mr.. Carroll was qualified or not.
Senator Blackburn urged that the best evil
dence in the absence of records was the jurors
own recollection, and that was to the effect
that he would be sixty-fiYe next month and
next year. That comported well with his recol-
lection of his age at the time of the political
event he recalled. He said that the : were re-
luctant to let a juror go when SO much time
had been spent In securing jury.
Mr.. Coleman and Mr.. Wilson both urged that
the question being raised as it was, if the court
now decided from the, jurors statements that
he was under sixty-five. that that was final and
there would be no ground to stand on before
the Court in General Term.
MR.. CARROLL RETAINED.
Judge Bingham after reviewing the matters
that had TRANSFERRED said the only hazard in the
case was the good faith of Mr.. Carroll in his
statements. Otherwise whatever action the
court took now would be conclusive. In the
case of Angney cited it was shown that the
juror knew at the time he was examined that he
was over sixty-fve and fraud was perpetrated.
He thought in this case that the only course for
the court was to take the jurors own state
ments and retain the juror. The evidence
seemed to be that Mr.. Carroll is not yet sixty
five years of age and is therefore competent.
The clerk then called the twenty talesmen
summoned with view to filling the vacancy in
the panel.
Henry Linger of Anacostia was excused
on account of illness.
Mr.. L. s. Alvord of ITO 18th street was ex-
cused because he is eighty-twO years old.
Geo. NJ. Mattingly, AIS F street southwest,
was found to be under twenty-one years OF age
and was excused.
John W. Thomas, 800 23d street northwest, a
builder, said he could not say he had not
formed, as he knew of it. any opinion regard
ing the case. He knew Mr. Ward slightly, but
had had no business relations with him The
juror WAS accepted.
This filled the box and brought the defense
to their last challenge.
Counsel for defense consulted in undertones
together for few minutes and then took Frank
Ward, the accused, into consultation. They
looked at the list of twelve anxiOusly and care
fully, and now and then one of them scanned
the faces of the twelve men in the box as if TO
derive from that source the knowledge to guide
them i'll the pruden fuse of their only remain
ing challenge. One of the counsel also con-
suited some friends OF the defense slit Ing within
the bar.
THE LAST CHALLENGE.
After a few minutes thus spent Mr.. Wilson
announced that the defense challenged Mr.
Mr.. Peake left the stand and the court pro-
ceeded to fill the vacancy. The first talesman
called was Thomas L. Cross. jr., 504 18th street
southeast Mr.. Cross had opinions of the case,
and said also he had such strong objection to
capital punishment that he would not render a
verdict that would hang man.
II would not" he said, 'be one OF twelve
parties to any mans murder"
Mr.. Cross was excused
Frank II. Connolly, 2l01 street northwest.
was excused because his opinion was too
strong. .-
Harry L. Birmingham, 1912 Pennsylvania
avenue, was excused on account of his opinion
which he said was SO strong it would influence
his verdict.
II couldn't render q true verdict" he said
sunless the eleven other jurors 60 my way"
THE TWELFTH MAN.
Thomas Singleton Webster, Polk street be-
tween Jefferson and Valley, said he had heard
more OF the case since he was summoned than
ever before. He did not think he had anv
opinion or bias. A friend of his showed the
bailiff where to find him, and after the baiIifr
had gone he and his friend talked the case
over. Most Of the talking he had done about
the case was since he was summoned. 'Some'
he said. .'were agin' the gentleman and some
were for him." -
Mr.. Wilson wanted to know the name of the
friend who had talked with him but not what
the friend said.
IF can't tell what he said" Mr. Webster
remarked, II had better keep his name. He is
q good clever gentleman, but preiudiced"
In reDlV to the iudpe Mr. Wehster sa;d tho