Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-25

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thereupon exercised his first challenge. ex-
cusing Mr.. Henry s. Thrift. Mr.. w. s.
Richardson took Mr.. Thrills place, when
the defense challenged Mr.. David X. Mer-
colored man drawn, was then declared COM
petent. and Mr.. Birney declared himself
to be satisfied with the jury. The defense,
however. challenged MIR. Henry MAYOR, sr.,
Slick. stated that he had formed an opinion,
he explained that 1t would yield to evi-
dence. He was declared competent. but
after Mr.. Birney had again stated that ne
was satisfied with the twelve men in the
box Mr.. Cook. for the defense. challenged
Mr.. Slick.
Mr.. Geo. w. King was declared compe-
tent, but was at once challenged by the
defense. and MIR. James A. Shaw, colored.
was then selected. Again the prosecution
expressed their satisfaction with the twelve
men In the box, but the defense challenged
Mr.. VIM. w. Riley. and Judge Cole ex-
cused Mr.. James s. Davis, because of an
important business engagement. Mr.. VIM.
T. Burdine was declared incompetent be-
cause Of fixed opinion. and Mr.. VIM.
Mercer was accepted. That still left a
vacancy in the box. Mr.. Thad. Brashears
was declared Incompetent. as was Mr.. Peter
NJ. Jones. colored, and Mr.. Frank Dieu-
donne had conscientious scruples against
capital punishment The box was then
filled by the selection Of Mr.. Spencer John
son. when Mr.. Bfrney challenged Mr.. Mer-
Ger. Another talesman. Mr.. Frank Haines,
was excused because Of a prejudice against
capital punishment, and Mr.. John T. Fow-
Ter was accepted. The defense thereupon
challenged Mr.. Richardson, and when Mr..
Richard Chism had taken his place. the
defense challenged Mr.. McCnntock. Mr.
Andrew Archer was found to be competent.
but the defense exhausted their last chal-
lenge by excustng him. Mr.. Arthur W.
Fairfax was found to be competent. and
told to stand aside, while Mr.. Richard
Bruce. colored. was examined. Mr.. Bruce
was declared to be competent. but was
challenged by the district attorney. Mr..
w. S. Brown was also found to be quail
fled. but was permitted to stand aside while
Mr.. Samuel Tinney. coiored. was examined.
Mr.. Tinney declared he would not hang
anybody, and was excused
The Jury Complete.
The selection OF Mr.. George W. Hurley
again filled the box. and. the district attor-
ney declaring that he was satisfied with the
twelve men. and the defense having ex-
hausted their twenty challenges, the fol.
lowing were sworn as the Jury: Fenton
Brewer, VIM. wanstall. John N. Birckhead
VIM. H. Brinkley, W. 8. B. Henry, James
T. Harrison. Cyrus Spottswood tcolored)
Richard Chisn, James A. Shaw (colored)
Spencer johnson, John T. Fowler and Geo
w. Hurley.
Mr.. Cason. for the defense. then presented
an affidavit Of the prisoner. asking tina,
fifteen witnesses be summoned on his behalf
District Attorney Birney stated that the
affidavit failed to state who or where tbs
desired witnesses were. and also failed &c
show the materiality Of their evidence.
Mr.. Cook explained that to do 30 would bt
to play into the hands Of the prosecution
and that the law did not require it. He
stated, however, that he would not pres,
the matter now, and 1t was passed over fol
The court then tat 12I0 took q recess,
until l o'clock.
The First witness.
Upon the opening Of the court after re-
cess. Mr.. Levin. the district attorneys
assistant, made the opening address to the
jury explaining the nature OF the charge
The defense reserved their opening TO the
jury, and the prosecution then called their
first witness, Dr.. Raymond T. Holden. who
stated tina. he was called to attend Miss
Beach early on the morning Of the 3lst o.
October last at her fathers residence 1l3s
9th street southwest. He found her in bed
suffering great pain. from the effects of q
recently performed operation Of abortion
The child had not been delivered, and wit.
ness prescribed the usual remedies. A few
hours later a male child was born. Every.
thing possible was done for the child but
it lived but six hours. The primary cause
Of its death was premature birth.
Doctor" inquired the district attorney
what is the easiest method of procuring
an abortion?"
Mr.. Cook objected. stating that there wa,
no averment respecting the ease or DIM.
Guilty Of obtaining the alleged abortion
Besides. 1t was not shown that the witness
was expert In the performance Of abortion
The question at issue was, did the defend
ant perform the operation?
Mr. Birney then withdrew the question
and asked the witness what was the cause
Of the premature birth OF the child and the
witness replied that I'm his opinion 1t re
suited from a puncture of certain organ.
by a sharp instrument.
An Important Pension Decision.