New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-22

the Assistant Distrct-Attorney re-examined the
talesman and elected from him that the impress
sion that existed in his mind was only faint and
would not prejudice him TO any ma terial extent or
prevent him from returning verdict in accord
ance with the evidence adduced at the trlal.
After another whispered conference between the
prosecuting counsel. Mr.. Mcintyre expressed his
satisfaction with Mr. Montgomery, and the jury
box was then filed. As the last juror was being
sworn Mrs. Fleming. who had seemed during the
day 10 take little interest in the proceedings, I'm
mediatey reused herself from the listless attitude
that she had hitherto assumed. and scanned with
keen earnestness the faces of the twelve jurymen.
1t was apparent from her manner that she real
lied to the full that the real part Of the struggle
was soon to be begun. Otherwise she was per-
fectly composed, and continued to display that ex-
preston of calm confidence that has marked her
manner from the opening day of the case
The completed jury it now stands is COM
posed Of the following:
l. Charles b. Poor foremanl; manager No a
Beaver-st., No. ISL West Ninety frst-st:
way, No. 1.726 Washington-ave.
O. Charles sam shoes No; p West pne55h 1a1
/ John D. Buchtel wines. No. II East Fifty
ninth-st.. No. "a East Fifty-ninth-st.
5. Edwin B. Holden. COAL No Broadway, No. 80
6. Charles c. Haight. architect No SCI Fifth-ave.
i. George T Montgomery, tools, No. los FuitOnst..
s. Henry Holding builder. No. Sl5 East One
hundred-and-fort -ninth-st
o John Il. Huntoon. ice. No 1874 Jane-st No. so
H. Lowell n Adreh; ice, No sls East Sixty
II. Edward II. Freidrich harness No G. East
~. William Montgomery, drygoods, No. 800 West
One-hundred- forty -ffth-st
But while the box holds its full compile
ment of jurors there is every Tx >hocd that the
work of getting the jury is not yet ended. In
the last two days Charles c. Haight juror No. q.
has been making strenuous efforts to obtain his
release. He says that he is professionally
gagged in the construction Of no fewer than
twenty-five large buildings. and urges that
less he be at liberty to superintend the erec-
ton of these buildings 5000 men will be thrown
out of work He also told Recorder Coff yester-
day that even If his retention in the jury-box
Is insisted upon his mind will be much
ried that he will be incompetent q juror for
the reason that he WILL be unable 10 devote to
the trial the necessary concentration of his
thoughts The matter was discussed before the
adjournment Of the court yesterday by the Re-
corder. Mr.. Mcintyre and Mr. Brooke There
was an evident willingness TO allow Mr. Haight
his discharge from service, but doubt existed
as to whether the advanced by the
turyman were such as could be acted upon with
out violating the rules of legal procedure MIR
Brooke said he willing to let Mr. Haight
leave the box. but in OF the step being
found illegal and should Mrs. Fleming be con-
Nicteu. ne pointed OUT thdt sne might appeal,
and II she should change her counsel Mr.
Brooke's agreement would not be binding on her
The Recorder and the opposing counsel then de-
cded to consider the point Of law involved later
in the evening. and will announce their decision
this morning. The great probability Is. how
ever that Mr.. Haght will be excused
In any case IL is unlikely that the prosecution
will be opened to-day. If the jury should re-
main intact Mr. Mcintyre will ask the Recorder
to adjourn the court until Monday and there is
an almost certain prospect Of the application
being granted 1t is not yet decided whether
Mr. Mcintyre Mr.. Miller or DR.. O'Sullivan will
people