The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-08-07
LBTTS' SECOND TRIAL.
Begun This Morning. When
His Counsel Objected to
a Struck Jury.
AND THEN TO JUDGE HUDsPETH.
His Objections OVerruled and the
Jury Selected Prosecutor
Winfald's Opening.

The second trial of Alexander S. Let's
for the embezzlemenI of money from the
Pennsylvania Railroad Company, in
whose employ he was as assistant cashier
OF the local freight department. was
commenced this morning. Mr.. Black
| and young Mr.. Klinck appeared for Lstts.
| Mr.. Wallace of New York who assisted
| the defense at the former trial. was abb
sent. When the case was called. Mr..
klinck made objections to a trial by
struck jury. The rule was granted
ex parte and without being heard, and
the Court court had said he could make
| his objections at the time of trial.
| His first objection was that the law re-
specting struck juries was not applicable
| TO case of embezzlement and larceny;
second, unconstitutional, in its applica-
| tion to larceny-iG takes away his twenty
4 challenges, third, defendant % a case ut
this kind cannot Do tried by struck
| jury, having once been tried by a petit
| jury.
The Judge overrued each point. saying
that the supreme Court had already
passed upon Two points.
MIR. Klinck also objected to the Court,
as the jury mad been struck before the
Court aud therefore the Court could not
set uDon the case.
Judge Hudspe5h smiled at this point
and said it was rather a novel question.
| puL as the statute made IL mandatory
upon the court TO strike the jury he
would overrule it.
Mr.. Khnck then asked how man.
Jurors were present. Upon bstug told OF
the clerk that twenty-one only had au-
swered ne objected to having the trial
| proceed. The Judge said that the othsrS
might have entered since tue roll WAS
called and orerruIed the objection. Mr..
| kllnck then made the same objection TO
the indictment as on the former Trial and
ne was uverruled. Objections were en-
tered TO each ruling aud the jury was
called.
THE JURY SELECTED.
Alfred G. HenLage was the first man
called and was accepted. Richard Gal
braith WAS challenged By the defence.
john II. TangemRn was accepted. and
Oliver II. Perry was challenged by prose-
cution. 6. A. Lillendahl was accepted
and Jasper H. Cadmuss was challenged
py the defence. Jacob Ritter was called
and presented letter certifying that ne
was deaf. He was sccepted. however,
aud became the fourth juror. George
huchit was accepted without ob-
lection and exMRyor Ellridgs
! Besssn, OF Hoboken, took the
next ssat. He was followed by August
| DS1L6, WuO WAS dCG6pLcu GOWAEQ I.
| Emmons, the real estate dealer, was next
called He sat in the court room during
the last trial and had formed an opiutou
of the case, but he Thought he could go
into the box and do his duty as a jury
man. The court over raled the challenge
! for favor and there the dsfenca
peremptorily challenged. Richard V.
TAFT was accepted. Nelson j. H. Edges
name was called, but he did not respond.
Philip Psttoerg WAS tnen accepted and
WAS followed Into the box by Henry
Vorrath.
/. William H. Ewald, who was next called,
r took his seat next to Mr.. VorraIh. Mr..
: Vorrath was challenged by the Prosecu-
. tor, who also challenged Mr. Ritter.
Samuel Hemmingwap WAS accepted and
made the tentn juryman. Richard Fes-
sender being u relative OF SuperInten-
!. dent Jackson of the Pennsylvania Rail-
7 road, was challenged for favor. The
Judge refused to sustain the challenge.
| Mr. Fessenden said he had expressed his
opinion, and he said that his prejudice
was great, still he thought that be could
go into the box and render q
duced. The Court oyerruled the
challenge, and the defense challenged
peremptoriy, but the Court ovsrruled
the challenge on the ground that tbs de-
t fence had It's three calienges ami that was
ALL The defence objected aud WAS al-
lowed an objection. Edward Hoos, with
: his wnisKers shaved off, became the
{ twelfth juror.
: After the jury was sworn Judge Huds.
peth said the Court would impose tine
OF $3.50 ON those were struck as jurors and
did not respond, and tue Judge SAID en-
phaticslly that ne would enforcs the hBes
PROSECUTOR WINFIELD'S OPENING.
Prosecutor Winfield then opened the
n case. He spoke of Let's rapid in th'
: office and the great responsibility which
lsS, fDItt nf z H.
r various accounts Letts had charge o.
y aud the manner in wbicn he did the
II | alleged stealiugs. Then Let's mode OF
living was referred to and tue number of
: schemes he was in Interested in. Mr.. Wins
y field explained at lenghth the manner in
: which the accounts of the company were
is kept and the way Letts had converted
the compauy's monsy to his own use and
y covered up mis- alleged steallngs.
ot Mr.. Wintield's remarks were particu-
larIy severe on LetGs aud he closed by
saying that he would prove everything
) lie said.
THE FIRST WITNESS.
!. When Mr.. Winfield had concluded his
l. remarks, Elijah Butter, the local freigne
Q; agent, was pIacel upon the stand Mr..
Butler told what he had to do in his posi-
ton as agent and the number of meT
.. under his employ He gave 900 bondi
and Let's gave $1,000 LsJts began tS
u work for him at $50 in 1878, and his pay
q was increased until he got 500. Mr.
20 Butler then explained the manner il
which the business Of his office is con
Quoted. Gordy, the cashier OF the com
pany, first called witness attention t
". the trouble in Let's accounts. Lett.
OF was called In and declared that he hat
"a eutersd the missing bills in the cas-
lg' book on September 81, and when the cas-
book was pfoduced ne showed where
page had been torn out and said that b.
Y, had entered 1t there. Mr.. Butler,
clerk who stood by. SAID that that coult
cd not be SO because the business of the 21s
,1 1l was closed and footed upon one Of tn
remaining pages.
ST. Mr.. Butler said that he afterward wen
w, to Letts house aud old him that he ha(
''' been stealing and advised him 10 make
clean b. cath Of the whole affair. Lettl
IS, J raised his hand and declared before GO
:, tnas ne was innocent. Mr.. Butler the
e- went over, each will which it is alleges
'lt Letts stole.