The evening world., 1895-05-20
M'lAUGHl|N GETS NO STAY.
Continued from First Page.)

and not a single objection named is sus-
THE object Of the application for a
change of vende Is not to have the case
tried in another county so much as to
compel a postponement OF the trial. and
It Is the duty of every Judge not to
allow such a scheme to go through"
Mr. Elkus ca.d that before the argu..
ment in the application for a change OF
venue. was made he wished to again
press his reasons for an adjournment on
the ground OF Col. James's absence anc
because due notice had not been gwen
we're caught al a disadvantage and not
prepared to argue the motion at the
present tim
He wished to submit an affidavit from
Emanuel NJ; Friend. associate counsel
for Mclaughlin.
Does 1t relate to Col. James," asked
the Court.
1T does and explains"---
Wei, never mind reading 1t. Hand
1t up"
Col. JRmen RoundIy scored.
Mr.. Elkus then read the affidavit Of
change OF venue should be granted, and
expressing the belief that a brief post
ponement of the trial would not inter-
fere with the administration Of Justice
That Col James deliberately went to
Albany because he didn't want to be
here Today Is no affair Of the Court, :"
said Justice lngraham, and SO far as
the speedy administration OF Justice is
fendant who was indicted for a crime
who didn't believe that his trial could be
postponed without prejudice to the law;
views. Your objections are overruled,
and the argument must go on now
Il decline to proceed with the argu-
ment or to make the application for
change Of venue. because the Court has
no jurisdiction said Mr.. Elkus.
II decline to argue the application un-
I'll June g. the, day for which the arsu-
ment is noticed "
The argument having been ordered
by the Court. and the defendant refus-
Ing TO 60 9n overrule the objsSSti9nns ms
Med" replied Justice fngraham.
Trial Goes On This Afternoon.
While the argumen, was on before
the second trial Of inspector Mcl.aush-
S SSurs S's Of SS Over asaaa ana Termnef f .aes ''e
u Of o SseSs ,ns eers car2S sni
Deputy Clerk welsh were in tSeir
places, calling the roii Of the talesmen.
Mclaughlin sat at hiG old place at the
NJ. Friend. for the defense. was in his
accustomed seat.
Justice Barrett; ACCOMPANIED BY A.
sistant District Attorney John F. Nc;
once formed in line ard began to offer
their excuses tc the Court, why they
When forty of the taiesmen had beer
excused news reached the courtroom
that Justice IngrahaIn had vacated the
stay. and a recess was then taken unit
2 =. NJ, at which time, II was announced
McLaughlin's trial would egin.
At . O'Clock. the hour set by. Justice
Barrett for the beginning Of the trial
hearty empty save for the presence OF
| the lawyers. officers and newspaper men
Sixty-nine talesmen. who were all thai
were were iett ,h out OF the panel called for s t.
were locked up in the. jury room at
tached to the court. The exclusion o
| the talesmen from the courtroom wa.
| done by orders of Justice Barrett.
At 2.i5 o'clock Justice Barrett had no
yet entered the courtroom. and 1t wa,
said that he was waiting until forms
order should be received from Justic,
Court Chambers to-day.
Extortion Charge Again.
When Justice Barrett entered tn,
| courtroom, at 3.20 o'clock, Mr.. Rollins
announced that the prosecution woulC
Try Mclaughlin upon the fifth count O
| the Indictment only. The fifth coun
The work of examining ,alesmen fol
| the jury was then begun, and Rober
Dessoir, a furniture dealer, of 200 Eas
Ninetieth street, was the first one ex
| mined. He had too strong an opinion
| and was excused. Four talesmen who
| succeeded Mr.. Dessoir also had too stronl
opinions and were excused one after
The other
Mr.. Fox. for the prosecution. and Mr.
Elkus, for the defense, examined the
| talesmen. Assistant Attorney
Weeks assisted the prosecution.
Mr.. Elkus raised the objection tina
Mclaughlin could not get Il fair tria
| In this county, and moved for a chang,
Of venue, but was promptly overruled
The jury will not be handled as the,
were at the first trial. Justice Barret
said this afternoon that the Jury bo,
| could be filled with twelve Jurors before
either side need exercise the right o
peremptory challenge.