New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-05
LING TIE TWELFTH SEAT.


Tracy said that he would allow his client TO plead
guilty.
FILLING TIE TWELFTH SEAT.
The work of finding another juror to take the
place OF Morris Frank. Juror No. !, who was per-
emptorily challenged, was then begun
The first of the taesmen to be called was William
u Muller. a decorator. of No 32s East Forty-thrd-
ST He said that the fact that an indictment mad
been found against the defendant had created more
or less OF a presumption of guilt in his mind On
cross-examination he said that he could get ria OF
this presumption II the testimony produced at 'he
trial merited il. General Tracy submitted cha-
lenge which was overruled and Mr. Muller went
into the box.
A peremptory challenge was then made against
Simon 7. Gavin a dealer in liquors at No. 20 Cham
bers-st who selected Tuesday as Juror NO. T.
Simon Spendau. "A merchant tailor. Of No. 70
Third-ave.. called next and took seat No l. in
the box
Richard b Mccarthy, who was selected Tuesday,
was then sworn in as foreman of the jury. per-
emptory challenge was filed against Henry Moench.
Juror No. T. a retired barber. OF No 1928 East sixty
ninth-st. Gustav Blum. dealer in terra Gotta In
Walker-st., had an opinion In the case. and he was
succeeded in the chair by Alexander Rhind. OF
Sxth-ave and Forty-eighth-st. who said that. al
though he attentiyely read the papers what he read
made no impression his mind. 1t was doubtful
TO General Tracy whether anything could make an
impression on Rhinds mind. and challenge was
sustained
Next called Leopold Name travelling sales
man, who said he made II his business to sell but
tons. His address is No. 1875 Grand-st. He was
lected to fn the vacant chair, and this made the
ffth time that the panel was completed: but Cen
ersl Tracy peremptorily challenged Mortimer L.
Fell who occupied the third seat. He was excused.
and Joseph Cohn, of No. l5CS Secondave.
chosen after brief questioning. He Is dealer In
wrappers General Tracy then challenged Joseph
Herzg. who in the fourth seat. John II.
Buckhorn, Of No. 3n West Fifty-first ST. was called
but excused on account Of deafness.
Ignatz Modry OF No. 49, and 49l Broome-st.,
chosen Juror. John r. Gibson made the
fourth juror. and Leopold Enoch peremptory
challenged by the prosecution. August +. Miller
was called, and said that he friend Of
Sheriff Hansen. Mr.. Weeks asked him IL he thought
he could Judge OF the innocence guilt OF the
Sheriff ASIDE from his feeling OF friendship and IN
accordance with the evidence. He said that he
thought he could. and that he could judge OF the
guilt or innocence OF enemy in the
He challenged by Mr.. Weeks. and the
Court sustained the challenge.
Henry Seattle. of No. 1902 Frst-ave. was
cused. and Albert S. McGregor was the next tales
man TO be examined He gave his address No.
lG? lexngton-aye, ard was accepted as a juror
spendau was tnen peremnptorIy CHALLENGED by the
prosecution and dismissed Alber, Men. OF No. 62S
mind was entirely free from prejudice in the case.
by the Court. The eighth juror was sworn in then.
,son-ave. was called Upon examination It was
found that he vas competent in every way and he
lenges
Mr.. wEEKss ADDRESS
After Judge Allison had denied motion for a
dismissal OF the Indictment. Mr. Weeks began his
opening address
He spoke Of the character OF the men who were
in charge at Ludlow Street jail at the time of the
escape OF the robbers. The state OF affairs he said
was such as to merit suspicion that the escape
was the result Of COLLISION. The common belief he
said. was that they allowed to walk out OF
confnement by the consent OF those in charge for
fetal indications Mr. Weeks sad tha, there Would
be presented evidence to show positively that the
been prevented BY the defendant Il ne had made
use OF the knowledge he had in his possession Of
being Conducted by his subordnates Ths' e eon Mele
that he had ever heard Of IN eonnec ana
Il w!ll produce evidence, he continued TO show
as the cleaner Of the jail. ala cleaning al ali.
10 DO IT in reward for privileges and for extra
10 ss s w saw fa
negligent o, manner s Of attending 70 his duties,
he De Of @nS h @s S
ne refused; will show that not only tobacco was
got big drink OF beer for it every Saturday night
Here were three DANGEROUS prisoners OF the Govern
tence. allowed to DO as they pleased. allowed the
sb With the of Se she aT Who OF s
means TO stop the Illegal conduct. | will prove
TO you by evidence not 10 be refuted that these facts
were also known by the warden and by the keep
Furthermore there will. be produced evidence to
show that the Warden and the keepers not only
knew OF these proceedings. but approved OF them
Witnesses Will be placed on the stand who Will
testify that So week was paid by ,Kiloran. Rus
sci. and Allen at the jail for good board. such as
they were not entitled to; that games OF cards
were played between the keepers Of the Jail and the
prisoners. and that the Warden also INDUCED in
tnese games also that II was understood that hen
the prisoners lost at the games they paid for their
losings, but when the Warden lost he did not paw