Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1896-02-12

only had one challenge left.
Defense Immediately sprung the point
that ended tho state challenges. Messrs
White and Cooper contended TO the
contrary. Judge Cullen was agelnst
them, but the other three seemed to lean
towards the states side Of the contention.
At length ex Attorney General Johu
Biggs vas called upon for information
relative TO previous rulings. He said
that In the trial OF Farrs he had passed
the challenge for the purpose OF reser-
vation and the court had ruled that,
after passing, he could have no further
challenges.
Mr.. Cooper asked for new ruling
The judges conferred and at lest Chief
Justics Lore ruled that the state should
have the right to reserve that challenge,
as otherwise it would be mAnitestly
unfair to the state.
Mr.. Ward They exercise the last
challenge then2'
Chief Justice Lore-"It would bs no
more unfair to the defense than last
challenge for the defense wonld bs 10
the state"
Altar all this wrangle the State did rot
exercise It's right OF reserved challenge
for Immediately after the ninteenth man
was drawn both sides expressed
themselves content with the twelve men
in the box. who were as follows: john R.
Carpenter, Jr.. William "a. Alden,
Frsncis A. Foster. Henry Gait 8,
William J. Nowland, Elias Cole.
William Dougherty, Richard Il
Williams. Robert @. Pierce. William
R. Higgins. Alfred Bender ana
John E Brookson. All are farmers with
the exception OF Cole, who Is mechanic
In the employ OF the Jackson aud Sharp
Company. aohn R. Carpenter. Jr Is
foreman. They we're sworn In blocks Of
four.
Challenged by he stste-Joseph Bacon
and John jallsher-2
Challenged by tins defense-John x
Mote, william = hastburn, George j
Casho. Thomas W. Finn and William
Vansant-5
Tire Witnarscs Excluded.
After the Oyer aud Terminer Jurors
not drawn had been discharged from
further attendance and the petit jurors
until Monday morning, the Witnesses
we're, on motion OF Nc Gray excluded
from the room. Those for the state we're
sent TO the grand Jury room. while those
for the defense marched 10 the ladies'
witness room The physicians and
Court Stsnographer Hsrdssty were
exempted from this exclusion.
Mr.. Hayes called the courts attention
to tbs absence OF DR. Hancker, supsrin
tendeut OF the asylum, who had been
subpe laed. Mr. Cooper informed The
court that DR.. Hammond was present.
and that both could not not lsave the
asylum at the same time, He would ba
in court as soon as Dr. Hammond could
testify and be relieved from attendance.
Cooper Made the Opening.
Mr.. Cooper made the opening address
for the state It was a plain but able
recital Of the events whish led up to the
death Of Piss on Ostober .. OF the par
< tioulsrs which have been already
1 published several times since the ex-
posure took place They will now be
told agsin by the witnesses on the
stand.
Mr.. Cooper said in opening
white the state has every confidence
Ia your integrity and honesty Of pur
pose, we desire, on behalf OF the state
and we think 10 is due these men that
n you have. prior to this time. formed
any conclusions ia regard to the guilt or
Innocence OF the prisoners that you
should dispsl thoee convictions aud try
the case strictly sud solely By the evil
denoe adduce3 FROM the witnesses who
come 20 that stand
If we succeed in convincing yOl that
they have outraged and trsmplsd under
foot the laws Of this commonwealth, IL
will be your duty TO return a verdict IN
the manner aud form as they stand In
dlcttd"
star witness oakes.
Thomas Oakes, ex attendant, and star
/ witness for tbs state, WAS called and
sworn More delay was occssioned by
the failure Of Civil Engineer Carswell "a
have his drawings in court on time, and
a messenger was sent for him.
During the lull Chief Justice Lore
instructed BEilif Fleming TO prevent
spectators from crowding the reporters
and interfering with their work
At 70 OF the messenger returned with
news that the drawings would not be
resdy for half aud hour. As they were
essential to a proper examination Of the
witness a recess until 2 o'clock was
suggested aud agreed 20 BY all concerned
| Attorner General White asked the
court to order that the Jury be confned
believing thst, IN view Of the public
sentiment existing, 1t would work 10 the
benefit Of both the state and the
prisoner.
Mr. Hsyes-"We neither object to tbs
proposition nor ask that the court take
affirmative action on It, We are willing
TO submit to the ruling OF the court.
Mr., Wsrd--"It has been the practice
not to conane jury for lanything shOri
of capital ofanse. This Is going 20 be 2
very long trial. and confinement vii
prove irksome TO the jurors"
Ch Of Justice Lore and his colleagues
conferred and at length the court said
"a majority % the court think that iir
the trial Of q felony Of such high grade
ss murder OF .s,the second degree the jurl
should not separate"
Mr. HaYes-"ThsY will get their
meals" Laughter
Chief justice Lore-"Oa, yes. W.
want TO say TO the jury that in thu
confuing you ws want to make you Al
com Portable IS We can. Every thing
necessary fcr your comfort. in reason =
We draw the line there tho bailiH viii
provide for you No newspapers are "a
60 in and nobody is to communicate with
you In any way"
Recess until o'clock was then de-
oforad