Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-08
A JURY TO TRY 1T
Continued from First Page.)


er they could or could not be read. He
thought it would be out of place for him to
make such a statement now.
Mr.. Mattingly said that now was the
proper time under the authorities and the
only time when such objection as he
raised could be made. This was the first
case in his eXne' ..n,:c III any important ca Sc
where dispositions were taken right up to
the time of the trial.
Mr.. Carlisle said most of the dispositions
referred to would be, as he vas informed,
offered in rebuttal He renewed again his
waiver of any right the plaintiff might
have on account of the time the objection
was made.
Mr.. Mattingly insisted that they had a
right to ruling before the trial proceeded.
Nothing for the Court to Pass On.
Judge Bradley said the objection seemed
to be raised on a pure hypothesis. The dep
ositions were not taken by an officer of the
court or were not In any way before the
court. There were many contingencies
that might prevent them reaching the court.
If offered objection could pc made, but at
present there was nothing for the court
to pass upon.
The Plaintiffs Objections.
Mr.. Wilson next took the floor. He said
the plaintiff desired to object to a large
number of dispositions taken by the de-
PENDANT, in fact, to all, upon the grounds
that the testimony given was wholly ir-
relevant, and, secondly, that great deal
of it was hearsay. He gave notice in ad-
vance of this objection.
MIR. Mattingly said that this was merely
an objection to !he competency OF the
testimony to be considered when the testi-
mony was offered.
Examining the Jury List.
Then there was halt in the proceedings
while the lawyers went over the jury lists
and hell little conversations. Mr.. Butter
worth and his silser~haired clien- took no
special interest In this proceeding and chat
ted together in an InJectone. Mr.. Breck-
inridge strokcd and pulled his beard, and
occasionally smiled, SHOWING a handsome
set of teeth.
At last the little consultations were over
the bailif Silenced the buzz Of CONVEX s g ton
by rapping on the edge of the judges bench
and Clerk Hodges called the names of
twelve men selected as jury. and as their
names were called they took their seats
on the raised platform at the judges right
provided for the jury. The jury
lected on the plan known as the 'long
panel plan. Twenty names were drawn
from the jury box and the list of twenty
was submitted to counsel on both sides,
each side having the privilege of striking
off four.
The Jury Chosen.
The twelve names left-the twelve men
who will have to try the case-were as fol-
Albert r. Gator. Allen Dale, Lewis c. Den
ham, James L. Carberry Hugh Kelley, Will
liam c. Gwynne. George B. Sheriff. Chas
r. Cole, Ferdinand Heitmuller and Josef
II. Wyland
When they had taken their seats IN the
box they We're sworn in the usual way by
the clerk and then all was ready SO far as
the court was concerned, to proceed to trial.
POstpOnement Asked.
Mr.. Phil. Thompson of defendants coun-
sci then rose and spoke. As he talked he
was prompted from time to time by whis-
pered suggestions from his client who sat
beside him.
Mr. Thompson said that with a view to
facilitate the progress of the case as there
were a large number OF dispositions which
had Just arrived. and counsel should have
opportunity to examine them, he would re-
quest that the court continue the case until
tomorrow morning. He made the request
also because of sickness OF counsel New
counse! had just come into the case Mai
Ben. Butterworth, enc OF the defendants
counsel, had only been employed last night
and he asked that this opportu 3ity be given
MIN TO examine the case before the trial
proceeded.
Mr.. Carlisle sail that 10 far as the cepo-
sitions were concerned, both sides were on
equ~i terms but the plaintiff would not
oppose the request for a postpUnemeat. The
controlling reason which influenced them
was tHdl NouilScl Htu come mo The
only last night. 1t was naturally incoDyeni-
ent to plaintiff, out they were willing TO
extend the courtesy asked If it were agree
able to the court
Mr.. Wilson also expressed his orinion tha,
1t would be only fair to The new Counsel
Judge bradley suggested that the stale
fnent IF ,he '.ase n,iShc be made tolay
Mr.. Wilson sail thr- ne would prefer not
to go into that until me court was ready to
proceed. Mr.. Thompson suggested that the
counsel should have opportunity 10 ex-
anime the new iepositions before making
the opening statement.
Adjourned Until Tomorrow.
Judge Bra Hey said that his was the only
case on assignment for the day auc. a.
pcared somewhat reluctant 10 grant the re-
guest for pnstponrm.n:, tut finally adj
journed the court until 10 { clock lun"llcw.
The Jury.
While there We're five colored men IN the
panel OF twenty-sx men from whom the
jury was to be taken. not a coiored man is
among the twelve jurors sworn to try the
case. 1t is understood that but two colorei
men were among those who composed the
twenty drawn to make what is known as
the long panel from whom each s.ce
were authorized under the law to strike
off four names submitted by the clerk. As
the twelve men remaining are all white
men one side or the other. of course, struck
of the names Of the Two colored men,
The jury a finally selected is considered
to be one above those ordinarily seen IN
the District courts. and il Is Thought hy
those familiar with such matters to be an
excellent one. Sycncy 9. Hunt is ear
penter, living at Good Hope: Andrew NJ
Green resides at Al jefferson street Ana
costa, and is the senior member of the firm
OF a. NJ. Green ~ Co, tMr. Henry A. Linser
being his asSOciate), bankers and real
estate and insurance agents; Albert r.
Gator is also a resident of Anacostia liv-
ing at rs Washington street, and is a
painter by trade; Alien A. Daie is he
second carpenter on the Jury, residing az
wesley Heights, near Cearcetown: Lewis
c. penhan IS n boolIkeeDer. and resides at
30 l9th street northwest. Another resident
of the county is James l.. Carberry. who
lives on Ridge road, and is said TO D, a
farmer Hugh Reilly is a dealer in paints.
oils and glass at 1911 Pennsylvania avenue,
and l223 32d street. residing at 2136 Penn
sylvGnia avenue VIM. c. Gwynne resides
al lioI l. street northwest. and is a steam
filter. Another bookkeepnr on the jury is
Geo. Is. Sheriff. who lives a 1875 II street
northwest. Chas. r. Cole Is an agent. re-
siding at HIS New York avenue Another
county man is Fred. A. Hetmuller who Is
produce dealer. living on BriChtwyod
avenue. and IN business at AS Center Mar
ket. The twelfth juror is Joseph H. WV
land. living At 1927 3Tth street. George
town, a merchant.
No Compromise.
Speaking to a reporter of The Star after
the adjournment Of the court, Mr.. Phil. r.
Th1nlOSon n IsanreS IA tive