Omaha daily bee., 1899-05-05
JURY SECURED IN rHE KERR CASE.
Three and Half Days Occupied TN
Its Selection.

At four o'clock yesterday afternoon, after
three and half days, the jury in the Kerr
murder case was secured and sworn in, as
follows:
s. S. Black, life insurance; John f. Mon
roe, laborer; b. T. Leggett, woodworker; w.
F. Nash boot and shoe clerk; "a w. Bev-
eridge, barber; F. w. Flodman, boot and
shoe clerk; C. ]. Backus, clerk postofflce;
s. S. Pattison, bookkeeper; John T. Evans
clerk; Frank B. Honza, clerk; Joseph II.
Butman, bookkeeper; John Francis, team
ster.
To secure these twelve Jurors 1903 men
were examined, of whom twenty-five were
excused on peremptory challenges, one for
alleged expressions of opinion and sixty
eight for cause.
The juror who was accused OF talking too
much was II. V. Craycroft, a colored man.
employed by local paving company. The
jury was completed shortly after court con-
vened in the afternoon, but instead of be-
ginning his opening statement Mr.. Mahoney
whispered to the court that he had informa-
tion that one of the jurors had expressed a
positive opinion in the case. The informa-
ton came from James Connell an ex-police
ofIlcer, who was called on by the jury but
excused on a peremptory challenge. Balliff
Norberg was sent after Connell and the pro-
| ceedings we're stopped for an hour while the
charge was investigated. After a long con-
| sultation in Judge Bakers private office the
court announced that he had reason to be-
lieve that one of the jurors had failed to
obey his expressed warning not to talk about
| the case, and that he had expressed posi-
tive opinion. He therefore excused Cray
croft with the consent of both parties The
vacant seat was finally filled by the selection
of John Francis.
The remark that Craycroft is alleged to
have made was that he had seen the fight
between Kerr and his father in-law in
Omaha and thought Kerr ought to be pun
ished as he had exhibited a vicious dispos-
ton Craycroft vigorously denies this, and
declares that while the jury was at the sup
per table on the preceding night, Connell
declared that no "nigger" had ever yet
served on a murder trial in Douglas county
and that Craycroft wouldn't. His story is
corroborated by Juror Baldwin and others
who heard the conversation.
Opening Statements.
The opening statement to the jury by
County Attorney Shields was brief pres
entation of the facts as they have been
published at various times since the crime
was committed. For the defense Mr.. Troup
emphasized the insanity theory on which
the defense based its case He admitted
that Kerr killed John Reid, as charged, but
asserted that it would be shown that he
was mentally irresponsible when he COM
mitted the deed. He declared that the de-
Tense would show that Kerr has a father
and one cousin in insane asylums in Scot
land at this time, that one uncle died in
an asylum, and that he has one brother in
this county who is also weak minded This,
he declared, would conclusively show that
there is a tendency toward insanity in the
| family, and this was emphasized by Kerrs
domestic troubles and the severe beating
that he received at the hands of his father
| in-law seventy-two hours before the kill
ing occurred.
During the tedious process of selecting
the jury close observers noted what seems
to be conclusive evidence that the senti-
| ment in opposition to capital punishment
is gaining ground among Americans. OF
the 103 jurors examined only two said that
| they would inflict the death penalty in every
instance in which they found a defendant
guilty Of murder in the first degree Nearly
fifty declared that they were conscientiously
opposed to the nfiicton of the death PEN
atty. These were almost without excep
tion native Americans, while those who had
no objections to the capital penalty were
largely foreigners. Those who were op-
posed to capital punishment were also
nearly all business men engaged in some
sort Of commercial enterprise.