Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-11

~ the Judge took his seat,
CHIEF JUSTICE and the lawyers remained
BINGHAM. respectfully standing
while the crier droned out his monotonous
''Oyez." Ward was accompanied as yesterday
by his little son, and the two took seats behind
Senator Blackburn and quietly listened to the
proceedings.
THE COURTS JURORS.
When the court opened the business in order
was the completion of the jury. At the ad-
journment of the court last night there we're
twelve jurors in the box, who had been accepted
by the court as competent, having, in the opin-
ion of the court, formed no such opinion re-
specting the Ward case as would disqualify
them from sitting as jurors on the case. These
twelve were: Michael Mailman, Edward For
rest Geo. Z. Johnson. Vim. d. Campbell, John
E. Sinclair, James F. Manning Frank jung
haus, Thos. D. Carpenter, Geo. w. Simms, Geo.
Gibson, Leonard Emmert and Chas. H. Turner.
DISCUSSION AS TO CHALLENGES.
At the opening of the court this morning
there was at once discussion as to the order
to be followed in challenging jurors. The de-
Tense has right to twenty peremptory
challenges and the government five. The
question discussed was whether the govern
ment had to exhaust its challenges before the
defense begun theirs, or whether, as District
Attorney Hoge suggested, the government
should make one challenge and the defense
should then make four before the government
took its turn again.
Chief Justice Bingham said that he had been
informed that the mode suggested by the dis
trict attorney had been at times followed here,
put there seemed to have been no general rule.
He remarked that if the governments chal-
lengcs were exhausted first he could conceive
of u state OF things which would be very un-
desirable to the government.
After some discussion the court said that he
thought It was fair and proper and in no way
injurious to the interests of the defendant to
follow the plan proposed by the government.
THE PLAN DECIDED UpoN.
Thus the plan decided upon was that the gov
eminent should open with one challenge and
upon the vacancy i'll the box being filled to
turn the jury over to the defense. who would
then have the privilege of making four chal-
ionges. The vacancies thus occasioned being
filled the government should have the privilege
of exercising one of its unexpended challenges
and the defense in turn four. and that the chai-
longing should then proceed alternately in the
same order until the government had exhausted
its five and the defense its twenty challenges.
The discussion of the order of challenging
occupied nearly an hour. Counsel presented
many mathematical propositions. Mr.. Cole
man insisted that if the government passed one
OF its challenges it waived all right to that
challenge subsequently. Judge Bingham held
that they waived the right Of challenge only as
ment counsel expressed themselves content with
the jury, but did not waive it as to any new
material that subsequently came into the box.
While the discussion was going on the court
room became quite crowded Among the new
arrivals was Senator Voorhees,, who sat down
beside Ward and shook the hand which Ward
held out to him.
He talked with Ward little in a low tone as
the case proceeded.
THE FIRST GOVERNMENT CHALLENGE.
1t was nearly II o'clock when the government
announced its first challenge. The object of
the challenge was Mr.. George Gibson, the
printer. Mr.. Gibson gathered up his coat and
hat and left the box apparently much pleased
to get out of It.
The clerk then drew the name Of Charles V.
Trott from the jury list to fill the vacancy. Mr..
Trotts opinions were SO strong that the cOur.
excused him.
Andrew J. Cockrell's name was drawn. Mr..
Cockrells impressions Of tho case were such
that it would take evidence to remove them.
He said he had no bias for or against the de-
PENDANT and he thought he could render as i'm
partial a verdict as though he had never heard
Of the case before. The juror was accepted by
the court and Mr.. Wilson noted an exception
to the ruling of the court.
The right of challenge then passed to the de-
Tense.
Mr.. Wilson said that they would now waive
their challenges, provided the government said
it was content with the jury.
This started Il discussion again as to the mode
Of proceeding, but Judge Bingham declined to
make ruling On any hypothetical case.
FIRST CHALLENGE BY THE DEFENSE.
Mr.. Wilson then used his first challenge
against Mr.. James F. Manning, who left the
box.
Geo. G. Donaldson's name was drawn and he
was accepted by the court.
The defense then challenged Leonard EN-
inert
The regular panel was exhausted when Mr..
DOnaldson's name was drawn and the court di-
rected that the names of sixty talesmen be
drawn from the box and summoned by the mar
shall.
The court cautioned the jurors already ac-
cepted by the court that it was their duty to
preserve their minds in the impartial state
which had led the court to accept them. He
cautioned them not to converse with each other
or with any one concerning the case, and if any
one persisted i'll talking to them about it to re-
port that person to the court. who would be
dealt with AS person attempting to influence
jurors.
The court then at II 25 am. excused the ac-
ceptcd jurors until 10 o'clock tomorrow and
adjourned the Ward case until that hour, when
it Is expected the sixty talesmen drawn by the
clerk will appear in court.