The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-11
TOBACCO JURY BOX FULL.
NIT ONLY FIVE OF THE TWELVE
MEN FINALLY ACCEPTED.

JudEe and Couneoi have = ErtVete ConVerpa-
lion over Juror No. 0-Rcsuit Not AM
,ounced when Court Adjourned - Bon
Fui Four Timcs Challenges.
The Jury box in tho General Sessions, where
oWcers OF tho American Tobacco Company are
an trial for conspiracy, was full four times yes.
,crday. Three times peremptory challenges left
,ocont chairs, and at the close of the day It was
t,,l again, but with only ivo Of the twelve mon
accented and sworn as jurors.
only one chair was vacant whom proceedings
began yesterday.
Adolph Gluck, q jobber in general merchan-
disc, was a candidate fortA
what is n trust y asked Mr.. Choate.
"a number OF men who go into business and
trust each other" wero Gluck.
"And don't trust anybody elso." added Mr..
Choatc.
"Thnt's it,, said Gluck.
Mr.. Gluck was lod to the twelfth seat and
then the swearing In Of jurors began.
The first man in the box, William W. Dixon,
vas acceptable TO everybody and was sworn.
Ma. q. Henry NJ. Do Writ, ditto. No. 8, Ezra b.
Gilders,cevc, was peremptorily challenged by
the defence. and candidates for that vacant
chair were called for.
BENJAMIN Garfunkle, q Wholesale clothing
dealer. was called.
Are you sure you own $3.50 worth Of prop
crty r. asked counsel.
"Yes,' said Garfunkle. moro than that. Ny
furniture Is worth that"
o.-But how much do you owei A.-oh. about
$4,000.
Mr.. Garfunkle was excused.
Hobart c. Fash. an insurance agent, In bust
ness at 81 Pine street, was called, and defined
trust as something put in the hands OF a
trustee, as an estate"
But the Coal Trust-what Is that T. asked
Mr.. 0lcott
THAT'S no trust" said tho talesman; that's
acombination of coal companies. II there is such
'"Do you belong to any clubs or organizationsr'
$40 the seventh Regiment. answered Fash.
lawyers knocked out John Henley. No. 4, and
Henry H. Strong, a Yale man and member Of the
i S]IPo tSs soa at% ie@ nj s1sGhg, bb@ nt pissrgst q A Ito; set
0lcott challenged him peremptorily.
NJ, Paul ssas e xb HT0% asfeS To- g ae sH5pe tSs aS ssEstc n d
'""&cii, in the first place" said Mr.. choate,
The IeSisiSture," answered the talesman.
He was excused BY consent. Charles Himmel.
said: MY idoa is, i am against the trusts"
G ssSS .J J; Burns ssEns Of pv l Ss St Sh Nicholas avenue was
II object" raid Mr.. 0leott. THE people of
tne Sldtt ~ prosecuting his Case
do you know any one here. connected with
the prosecution T. asked counsel
lido not" said Burns.
He appeared to be acceptable to both sides, but
some one whispered to some one else that he was
abrother-in.law of Assistant District Attorney
Lindsay. and NJ; Choate challenged peremp-
torily. William Kinzelstein was asked what tho
JUDGES duty was in a trial; He answered:
He sentences the jury
Mr.. kinzelstein was excused.
Foster ,Millikcn WAS called. He said he was In
lyn and an Ofi IN AT 40 Cnrtlandt atreet
you acquainted with any OF the officers
Of the American Tobacco Company here under
Bnt!s an s s'isn!aaE H.; iMif Fiisfsn; T' Wa. E intPodace Cd
10 him and know him slightly"
Q.-This casual acquaIntance would not infu.
enEe you in rendering a just verdict II you were
called upon as = jurymani A.-No. sir; I'd do
Care yon interested in any corporation !
I'm a stoskholder In one or two railroads
pani.s, and a stakeholder in the Edison Com
panEE; i, in deciding . cas-. n.,,n.,n ov.,,v ~,
wealth would influence your verdict Us against
facts and law :. said M5; Cheats; 49,,
net give preference TO wealth over poverty. nor
-Do yon desire to serve as a juror or escape r.
business 10 attend to-"
I'm sorry we cant let you go" said Mr..
"Andt to u.s. said M. oicott.
Mr.. Miiliken took the fourth scat and was
sworn.
Then juror No. 5. Solomon Strauss, was
sworn In, and District Attorney Olcott said:
We're satisfied with juror No. g." referring
to Joseph Marion. who lives at 800 East l26th
street.
The lawyers on the outside OF the rail put
their heads together. Then some one in the
courtroom circulated a rumor to the effect that
Juror Marion had been heard to say that when
be was a manufacturer Of fire escapes the iron
manufacturers drove him out of business. Mr..
Choate said to the Court:
We may challenge Juror No. 8, but before
deciding on doing so l would like TO ask him a
few questions"
That was not allowed. Mr.. Rollins said:
Your Honor, we asked the juror all we de-
sired yesterday, but since court adjourned we
believe that something has occurred that COM
pels US to ask another question. II bears d.
tectly on something that occurred since yester.
day"
aid; " after l hear what 1t Is / will decide
whether to allow you to question the juror at
Mr.; Rollins told the Judge in the hearing OF
Mr.. Olcott. 1t was understood that the defence
had been informed that Mr.. Marion had talked
about the case out OF court after taking his seat
IN the jury box on Wednesday. Judge Fitzger-
AID. Il was said. had requested counsel to back
up this statement with afflda Wits. The case was
adjourned at this point.