New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-06-11
THE TOBACCO MEMS TRIAL.
BOTH SIDES USING THEIR PEREMPToRY
CHALLENGES.

CHALLENGES.
The work Of getting a Jury for tho trial OF the
ten officials OF tho American Tobacco Company
who are under Indictment for conspiracy was con-
tinued yesterday before Judge Fitzgerald In Fart
Of General Sessions When court opened there
were eleven Jurors in the box, and the twefth
was soon found In the person Of Adolph Gluck
drygoods merchant living at No. 1S3 East seventy
fourth-st In the course Of his examination joseph
H. Choate, the chief counsel for tho oefence' aSheo
him for a definition OF trust.
"A trust" he said. is several persons VINO 'us'
each other.
THAT is. trust themselves. but do not trust
Others" suggested Mr.. Choate.
well they do that II they want TO- Was
the reply. $500.
Jus, before the Tobacco Companys case was
called Judge Fitzgerald received the pleas Oh .ieo
men who were charged with attempting suiciue
Mr.. Choate solemnly inquired OF the So.'t !. wy
men accused were talesmen emPahe"eu ~
Tobacco Trust trial.
As soon M the twelfth place in the jury-oox had
been filled both sides began TO exercise theif ren'
of peremptory challenge. Each SIDE Is en'i.eu ~
five such challenges. Jurors Nos. ana = W. w
Dixon and Henry De Wart, were not c!ai. e.,1
and were accordingly sworn In Ezra D. Nliuei
sleeve Of No 1853 Central Park West. juror NO o.
was CHALLENGED by Mr.. Choate and excused
Hobart c. Fash, an insurance agent III me-.
living at No. 81 West ODe-hundreo-aho-'we"'y
fourth-st., was chosen 10 tahe MI
place. and was sworn IN -o,,,
~, IJon,ev n drvgoods dealer, OF No ITO Madi-
sonave who had the fourth place In the box' re-
tired on Mr.. Choates peremptory cha'ense' 80
Henry H. Strong. who gave his ADDRESS as 'i'o an
yersity Club, was called. He saio nc was a So
holder in the Strong & Trowbridge Exporting anu
Imnort,ne Cou,pany Of South William-st, whlch
did considerable business with the American ~
bacco Company He did not think the co"pd,!
dealings with the Tobacco Trust would pieJuuiOo
him in the present case Distrct-Attorhe! Oi.o'.'
a. nd nj
lenge which overruled. MT Suone 'o Wv
fourth place in the box. Later Mr.. Olcott perenip-
torily challenged Mr. Strong and he hao 10 ie'i'e
Charles Zimmerman. Of No l% west Ninety
fourth-st who said he was formerly IN 'ne con
fectionery business. created amusement by ms
answers When asked what his idea OF trust was
no answered MY idea Of trust Is that am
against a trust" Assistant Dlstrict-Attorney Hard-
wcLe hurled at him long question rep'e'e wiz"
legal vorbage. As Mr.. Hardwicke proceeded 'ho
talesman glanced anxiously about the courtroom as
IL he would like to escape from HIS seat when the
Assistant District-Attorney finished his question
and asked for an answer. Mr. Zimmerman cou'o
only reply with helpless shrug or his shoulders
He was excused In haste by mutual consent.
The next talesman TO face the esai oa''ers was
Arthur Codstein who Is butcher, at No 2oS
Broome-st Mr. Goldstein was excused after ex-
animation lie said he served In case once be1ore'
but could not remember what the point OF la" was
that raised. m
What did the Judge tell you ABOUT 'ne case
asked Mr.. Choate.
"He said that the law found the man guilty OF
assault and battery In the second degree. a.,
Then # the law found him guilty what hao the
'c"fhere was a doubt The Judge said it was a big
doubt and found the doubt: -
Suppose the Judge should tell you that the ey EVIL
dence of party without eorro , ora shouid
warrant rejection. what would you 40
Use my Judgment IL,
George A. Burns. young man. who said he lived
at No. lSS St Nicholas,ave was forced 10 re''re
OH Mr.. Choates peremptory challenge oxo,,.oo
William Fox, a truckman, was quickly excused
when in answer 10 question he said the business
OF the Judge TO sit on the bench ~. ~,
Cortlandt-st was satisfactory to both sides, and
was sworn in as juror Nc T. T., -. how ,os
solomon Strauss. the fifth man In the poX' was
in juror No. .. -
At this point adjournment was taken The jury
stands
Nv W Dixon. drug clerk No. 227 East One hundred
and eighteenth-s,., employed at No tos HudsoA-st'
2-Iienry De wart salesman, of No. 12a West Ninety
3-Iiobart C. Fash. OF No 81 West One-hundred-and-
twenty-fourtlst.. INSURANCE broker at NO "a Pine
4-Fceter Mijken Of No jos West Seventy eighth-st.
iron merchant a No. 30 Cortanlt-st sworn;
J-solomon strauss. travelling salesman. No lbs East
C-Ioseph Maroon. retired iron manufacturer No. 500
East hundred-anl-twenty sixth st. Not sworn
7-Richard Mcclure. drygoods No ~ Grand-st. living
at No l22 West Nlnetieth-st. Not sworn.
s-Daniel Ho1gkns. clerk for the United Express
eC6arles + Knox electrical engineer at No 100 Mas
sau-st living at No. los West One-hundred and
pay reTnbard grocer at Nos 2oal and 2l51 Third
ave. living at 80. Lincoln Place Not sworn
str comDony a, Ms 70 and 70 living
at No 2s6 Vest Fourteenth-s:. Not sworn
l2-Adoph Guck drygoods. No lS East Seventy fourth
Not
The defence has only two peremptory challenges
remaining The prosecution has four.