Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-12
JURY IN THE FUNK CASE
Entire Session of Court Occupied in Exam
nation of Talesmen.
Witnesses Excused Until Tomorrow
Court Room Crowded with specta-
tors-Funk Deeply Interested

The entire session OF Criminal Court No.
today devoted 10 the work Of en-
panelins jury in the case OF Frank W.
tunk. under indictment for the murder or
William H. Brooks. I'm house pl4 2ad street
the I'D Of June. 1S!S. One hundred tales
men summoned yesterday by order Of the
court reported this morning. The examina-
ton began shortly after 10 O'Clock, and was
in progress at 3 O'clock. The talesmen were
examined individually and at length
searching interrosatories being made by the
court and by counsel. The expectation was
at } o'clock that a jury would be secured
late this afternoon. The witnesses were
excused until tomorrow.
Deep interest in all that transpired today
was manifested by Funk He entered th,,
court room with sprightly step and WAS
well dressed. Members of the family OF
the man alleged to have been murdered
were present as well as many other wO-
men, who came as witnesses. Fuuk's father
was also in attendance.
The court room was crowded and many
persons who were unable to gain admit
tance grouped themselves about the win
dows OF the main corridor of the building
from which points glimpses Of the de-
PENDANT could be obtained.
Questions TO Jurors.
Since the passage of the law vesting in
jLries. sworn to decide murder cases. the
right to qualify veriicts of guilty with the
words without capital punishment" II
they so desire. the method Of examining
talesmen has been somewhat revolutionizod.
Following are some OF the questions being
asked In the Funk case:
You understand that the law in the
District of Columbia now as that where a
person is convicted of murder it Is in the
discretion of the jury to modify their YER
dict and make the punishment confinement
in the penitentiary. Now. I'm a given case
would you have any bias in favor OF one
rather than the other punishment
IF, on considering the evidence IN this
case. the jury should be convinced beyond
a reasonable doubt that the charge Of MUIR
der was sustained and ali its essential eIe-
ments proven, then under the law il be-
comes your duty to pass upon the question
Of punishment. Could you IN that case
consider imprisonment for life in the pen
itentiary as an adequate punishment Tor
the crime as against punishment by
death?'
Have you any bias or prejudice against
imprisonment for life in the penitentiary
as just and adequate punishment for the
crime OF MURDER
The Death Penalty.
do you Understand that in every case of
murder. where malice and all the other
essential elements exist, the death penalty
should be enforced as a protection 10 life
and society?"
do you stand indifferent between the
two penalties of the law"
If you have formed an opinion in con-
nection with this case, from what you read
in the newspapers do you believe that you
could render a fair and impartial verdict
upon the instructions of the court as to the
law?'
Have you any bias or prejudice against
finding any given fact in controversy upon
circumstantial eVtdence?"
Suppose that the murder that the jury
would find to have been committed, with
expressed malice as, for instance, in the
case where the person lies in wait for an
other. or where a person has expressed
malice or hatred ill-will against the
party killed. could You. where the evidence
showed that, return a verdict fixing the
penalty at imprisonment in the penitentiary
for life?"