The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-04-07
DELAY FOR FLEMING
The Murderer's Lawyer
Challenges the Struck
Jury
ONLY FORTY-sEvEN NAMES
Judge Lippincott Thinks the Panel
Would Hold But Dismisses
1t as Precaution.
ILY F0RTY-SEVEN NAMES

v
avenue, was put on trial in the Oyer and
Terniner Court today for the murder of
Jchn Reed, his brother-in-law. The crime
Vas committed a few minutes before
midnight on New Years day. Fleming
had been drinking during the day and
was IN an ugly, quarrelsome mood, as he
always was when under the influence Of
liquor. His wife, fearing that he might
do her bodily harm. took her three chill
dren and went to the home of her
father, George Reed, No. 81 Germanfa
avenue. Fleming continued his drunken
spree, and early in the evening he went
to the Reed house to look for his wife.
The Reeds denied that she was there,
and Fleming went away. About 11:45
he returned and made his way into the
Reed house by rear door. He was in
famed with liquor, and as it was after
ward proved, he had armed himself with
long. keen edged knife of the kind used
by sheep butchers. John Reed, his
brother-in-law, had returned home a
short time before. When he heard the
noise made by Fleming getting into the
house he went to see who was there
Fleming demanded to see his wife. Reed
said she was not there, but Fleming in
sisted that she was, as she was not at
home, and he declared that he proposed
to see her. While they were talking
Mrs. Fleming came down the stairs fol-
lowed by her mother Fleming ordered
ms wife to go home with him. She ap-
peared reluctant and urged her husband
t6at 70 ieaTe shs the house. Fleming, declared
t tnat she would have to go and started
toward her. Reed blocked his way a
Wrangle ensued, and Fleming plunged the
hhneeP hae knlte into his brother-in-law's
n 70 fIoo d.
4ead q IN few moments. Fleming Aed
from the house, but was Captured by
Garemn9 af}erWna az Keilly less than half an hour
avenues He refused to make any state
ment beyond admitting that he had
staDbed his brother-fn-law
Fleming was brought into court this
morning by Sheriff Heller and was placed
IN sn+s the chair usually occupied by defend
WeI anJI bn,,f IN murder 1nsf @ cases He is short
disposition. =. ASA Jus
Justice Lippincott and Judge Hudspeth
Gutor Winfield moved the case. Ex-Judga
Ia IInoanas r; Noonan. who. with Lawyer
oa lanes J. Murphy. is defending the pris-
desired to. interpose a challenge TO tho
array OF jurors on the ground that the
req regudrTements Tsa11 mt Of the statutes had not been
ing Is to be tried by struck Jury,
w mere Is the challenger asked justice
Lipp1ilcOft.
7 have it here In the form of an am
davlt by James J. Murphy" REPLIED Mr.
NMoonan, NIj1, and I desire to read it to the
THE challenge must he in WIRING, !,
said Justice Lippsncott. TT cannot he Re-
davit'' t'S'i % fAn
Mr. -Noonan desired to state the grounds
OF the challenge orally, but Justice Lin
plncott insisted that 1t must be in writ
ing l1s ana Mr.. Noonan was allowed time to
Mr.. Noonan read it. The CHALLENGE sets
1orth that the names of the Jurors from
WI Wnien Ine jury was to be stricken were
not selected In the presence of the de-
fendant. his counsel or any renresenfa
1--WE and counsel was not served with a
nst OF the names. 1t is also alleged that
INST when there should have been forty-
eight After the State and the defence
ns.a each struck off twelve there were
only only twenty-three names remaining. At
the suggestion of Prosecutor Winfield tga
Court added another name to the Iist
Ihat name was Edwin H. Davey and the
challenge alleges that the defence had No
opportunity to strike off his mama frar,
the original list. Justice Lippincott or
dered the challenge filed and directed tha
ea,att 3lat Proof De taken of the allegations set
Mr. Murphy, took the witness stand and
tesstlned 70 the discrepancy in the i!st.
off the discovery was made that : n1'iy nj,
twenty-three remained. '
Mr. Wln1eld spoke to Justice Idnnin-
Gols fSd-,. and g the Justice added the name Of
= Mr.. Noonan followed Mr.. Murphy on
the the, witness stand and corroborafei his
Justice Lippincott asked him if tho
name Of Edwin Fl. Davey had not been
inserted by the Court in the place Of
Mathaniei sSa Nln Eilis, which had been erased.
Far. Noohan said he supposed it was
Justice Lippincott said the proceedings
were taken in the presence of counsel
ana az were not objected to at the time.
and added names to 1t or taken names
away from it without the KNOWLEDGE Of
counsel there might be some objection.
support of the challenge. The Court
asked Mr.. Noonan what he thought his
duty to be when he noticed the discrep-
piled that he had no intention Of taking
advantage of the point at that time: Il
he had he would have called the atten-
raise the point now if he were in other
respects prepared to go on with the case.
but he did not feel prepared to do ius-
tice to himself or to the Court or the
the State by postponement of the case
ana no expense except the witness fees
He would be willing to have the fees
deducted from his allowance
Justice Lippincott, after consultation
with Judge Hudspeth, said there was a
great difficulty in the mind of the Court.
lection and the Court had no doubt that
the jury would be sustained on review.
but the Court desired to take every pre-
caution. THE facts are" said Justice
Lippincott, that name No. % on the LIST
was found to be an exempt fireman and
not liable fer jury duty. No. "a, William
Ellsworth, was dead. The Court intend-
ed to insert two names in the list in their
stead and did insert one in place OF
Ellsworth, a man named Van Buskirk
but inadvertently omitted to substitute a
name for No. %. The jury was Struck.
and then it was discovered that there
were only forty-seven names. The Court
added q name in the presence of Prose-
cutor Winfield and Counsellor Noonan
and no objection was made.
Counsel had ample opportunity
at the time to object and it
seems to the Court that it was not act
ing in good faith not to object If he
intended at the time to raise this OBJ
lection. The Court, taking extra precau-
tion,, will give the defendant the benefit
of the challenge and sustain the chal-
lenge." The jury was discharged and
Fleming taken back to Jail.
Mr.. Winfield, owing to press of other
business, will not be able to make an
application for another struck jury inside
of three weeks.
GRADUAL GAS REDUCTION.
ALBANY. N. Y, April 7, 1se7.-senator