Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-13

kE y ~ his glasses. and, letting
them dangle over his
DISTRICT ATTY. HoGE- vest, leaned back into
his chair, folded his arms and apparently fell
into a reverie.
HISTORIC ROOM.
The trial is held in the old court room in the
east wing of the old portion of the City Hall,
and if Judge Hoges reverie was a retrospective
one there was much material to furnish pictures
for mental panorama. Many famous trials
have been held there. Criminals. great and
small, have there confronted judge and jury.
There have been enacted the final thrilling
scenes of many dramas of intensest human
interest. Though law, cold and severe, reigns
there. it is the theater where the strongest
passions of men combine to lend a vivid interest
to the scenes enacted. 1t was there in the
gloom of a winter night, by the Pickering light
OF candles. that Guiteau. the assassin, read his
doom in the grave faces of twelve weary men
and called down blasphemous curses on all the
instruments of the law that had brought him
to the foot of the gallows
1t is O gloomy looking room enough with
arched windows and walls Of dull greenish tint
but Its plainness and gloominess seem to be
well suited to the gruesome business there
transacted.
soon after Chief Justice Bingham appeared on
the bench. The space within the bar was filed
with the citizens who had responded to the
sixty summons sent ont for talesmen last night.
STILL TRYING FOR JURY.
The work of completing the jury was soon
entered upon. Chief Justice Bingham said he
had received a request from DIR. Magruder. the
dean. and DR.. Lovejoy, the president Of the
Georgetown Medical College. to excuse George
Cant. the janitor of the college, who was ac-
cepted on the jury yesterday.
DR.. Lovejoy, who was present in court, stated
that Cant $ services were practically iGdis-
pensable, and he knew no one he could get to
ill the place temporarily. Everyone knows.
said Dr.. Lovejov, " the objections many peo-
pie urge to serve in that capacity" He said il
would embarrass the college very much to have
Cant serve.
After some discussion Cant was excused from
service. The clerk stated that George Scheuch,
whose name presented such unpronounceable
| difficulties yesterday, had appeared. having
found the summons at his home upon his re-
turn to the city last night. 1t was decided to
| call the talesmen summoned for today first ard
| then if Mr.. Scheuch was needed his name could
be called. The first talesmen of the new draft
of sixty called was Edward Ellsworth. who was
| excused on account of blindness and physical
infrmity.
Patrick Gaskins and Henry c. Thorn did not
appear and were excused on account of illness.
John L. SpriHgman. 500 9TH street northwest
had no opinion, but was excused because he
| said his memory had been defective since he
suffered a sunstroke four years ago.
ONE MAN ACCEPTED.
Leonard G. Spencer, SIG 9th street northwest
was found to have formed no opinion that
| would disqualify him, and was accepted to fill
one of the two vacancies then existing in the
| box.
Anton Heitmuller. 1893 14th street north
| west had an Interchangeable opinion and Wa.
excused.
Philip Simpson. a dairyman, living on the
Walker road in the county, was accepted.
The government then challenged Vim. Craw
| ford. who was accepted by the court yesterday
afternoon.
| Albert 2. Myers, 40 L street northwest. who
was next examined, was accepted, his opinion
| being easily overcome by evidence.
| The defense, however, at once challenged
Mr.. Myers and he left the box.
Mr.. GIBBONS MISUNDERSTOOD.
| Joseph H. Gibbons, 5l4 b street northeast
who was next examined, misunderstood Judg,
| Bingham when the latter asked if he had eve
| been convicted of crime and caused smile b,
| saying: mo. sir; / can't say have been con
victed. OF course have read the newspaper
as others have" The question was made plai,
never been convicted. When asked about til,
source of knowledge of the case he said. 81
must say happened to hear the report of hi
pistol when it fired but 1 saw nothin,
further of it, except saw Mr.. Ward when hs
was arrested and brought out of the saloon.
He said he was In an upper room of the SAM
building at the time. He had formed NJ
opinion of the case. He asked to be excused
because he was employed by the District gov
eminent as an inspector under the inspector
OF buildings. Mr.. Gibbons excused.
Chas. &. Clokey. 2400 Pennsylvania avenue
was next examined He had formed al
| opinion from newspaper statements, but wa
| satisfied he could render a verdict according I,
the evidence.
WHAT CONSTITUTES AN OPINION.
Mr.. Wilson examined Mr.. Clokey and brough
out the statement: that if the facts proved il
the case were the same those set forth in tn
newspapers his opinion of the case would con
tinue. Mr.. Wilson argued that this made tn,
Juror incompetent. The test, he said. wa
whether there was that in the mind which. &C
cording to human experience, would have in
fiuence in guiding the man.
| Judge Bingham asked if this would not appl-
| to any man who said he had formed an opinion
from reading accounts of the matter to be tried
| As the court understood it the test was whethe
the opinion was fixed one that could not easil,
be changed by evidence. If his mind was un
| prejUdiced. if he could go into the case with
mind inclined to clearly apprehend all the testi
mony and give it its due weight, he thought h;
| was competent
Mr. Wilson said Mr.. Clokey practically sait
that if the evidence is like the statements b,
had read his mind was already made up. Mr.
| Wilson assumed that the case was the same a
| where man who saw the occurrence had tolt
| Mr.. Clokey of the facts.
Judge Bingham said that if a man got his in
formation from an eyewitness it was differen
from getting newspaper account and woult
clearly disqualify him from service.
NEWSPAPERS GIVE THE FACTS.
Mr.. Wilson urged that the case was practi
cally the same. ''These industrious reporters,
he said ''are always diligently trying 10 get tn
exact facts. The newspapers have their mel
on the ground instantly. They run foot-rac,
to get there and they print what they learn.
He conceived it there WAS no practical differ
ence between getting the account irons the eve
witness and getting the same account through
the newspaper.
District Attorney Hoge said Mr.. Wilson
eliminated from the consideration of this mat
ter the jurors own intelligence and cOnscien
tiousness. There WAS difference between
newspaper accounts and the sworn testimony
heard in detail by juror. He cited again tn,
Supreme Court opinion in the Reynolds case
giving an enlightened view Of the question o.
Jurors and newspapers. This country, thu
district attorney said, was filed with news
papers and newspaper readers.
| No event occurs that is not made the subjec
not only of report, but even of comment by tn,
newspapers. He said it was impossible in thi
day Of universal education to go back to tn
rule that prevailed in Lord Mansfield's day.
| WHY he MADE THE POINT.
r. A. Uy;laov, cold hap do fba in Ia IN