The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-06-27
ELEVEN
SECURED !
Progress Of the Elliott Murder Case a
POttSvllle.
THE JURY SELECTION DIFFICULT
Many Called For Examination Were OPP
posed TO Capital Punishment and
others Said They Had Opinions
That Evidence Could Not
Change.

Others Said They Had Opinions
That Evidence Could Not
Change.
Pottsville, June 27.-The second day of the
trial of Thomas Brennan, who shot and
killed Harry Elliott, at New Philadelphia on
June last, was mainly occupied in securing
a jury. When courtadjourned at five O'Clock
yesterday afternoon, but five jurors had been
secured. They were NJ. A. Porter. drug
gist, Tamaqua Otto Schneider miner,
Porter township Philip Bettinger, miner,
Minersville Luke Roberts, ,aborer, Mahanoy
City, Darby Burns, laborer, Mahanoy City.
William Sobey, Of Ashland, was the last
one called. He said he had read of the
murder and expressed an opinion which the
evidence could not change. After replying
to several questions by the lawyers, the court
then asked: DO you mean to say that what
you read in the papets would have more
weight than the sworn testimony of wit
nesses ?" Yes, sir" was the reply Then
you are not fit to serve on the jury; you are
excused" said the court William Neis.
wenter, of Shenandoah, was among the
jurors called yesterday afternoon and said he
had formed an opinion that he did not think
could be changed. He was excused. Many
of the jurors were unable to grasp the mean.
ing of the questions asked by the counsel
and Judge Bechtel would then patiently ex-
anime them as to their fitness.
TO-DAY's PROCEEDINGS.
Few persons we're in attendance when the
case was re-opeued this morning. The prose-
cution's counsel was added TO by the presence
of Assistant District Attorney Mclaughlin.
Much comment is heard on the appearance
of the prisoner. He does not look like one
who would commit murder; in fact he has
mild hammered expression and appears to
be highly sensitive, one who might brood
over an injury.
William NJ. Foulk. hotelkeeper of Potts
yille was the first juror called. His answers
were satisfactory and he was accepted as the
sixth juror.
William Patton, of Branch township. had
formed an opinion and would use tiff a doubt
arose.
Thomas A. Smith, of Pottsville, and Robert
h. Quinn and James O'ROurke, both of
Mahanoy City, had opinions and did not
think they could be altered by the evidence.
Excused.
John McBrearty, of ashland was opposed
to hanging. Mr.. Brumm asked him if he
couldn't perform his duty as a citizen and he
replied that his convictions would influence
him. He was challenged for cause by the
Commonwealth.
| Michael Tracey, an old, gray haired resi-.
dent of Norwegian township had scruples
against hanging and was challenged by the
Commonwealth.
Frank Oerther, a liveTyman of Miners.
| vile, held an opinion which he said couId
not be changed.
Paul W. Houck druggist of Shenandoah
had no opinion, but confessed to some feeling
against the prisoner because he has associa.
tions with relatives of Elliott in Shenan.
dOah. Excused.
Walter Murphy, of Schuyll1ill township,
the sixty. third juror, was called and stood
aside by the Commonwealth.
Charles Moser Sr., of Barry township, had
formed an opinion which could be laid aside
upon the strength of his oath. He was chal-
lenged by the defense.
c. @. H. Hagenbuch druggist of Shenan.
dOah, held an opinion and was not sure that
he could get the better of it. Excused
Patrick Murphy, of st. Clair, was oppos cd
to hanging and said the opinion would in.
tluence him in the jury box. The District
Attorney challenged him.
Timothy Flynn, farmer of Rush town.
ship, had no opinion, but asked to be ex-
cused because of his age and health Both
sides wanted him and Judge Bechtel refused
to excuse him. He was sworn as the seventh
juror.
Charles Reith a moulder of Pottsville
held an opinion that would not influence
him. He was sworn as the eighth Juror
James @. Farley, a hotelkeeper of Tamaaua
knew the deceased and accused in the case
and had formed an opinion which he believed
would influence him. Excused
Thomas @. O'Connof, editor of the Maha.
nOy City Daily Record, was called and, pend,
ing the arrival of the train bearing the Juror
there was lull in the proceedings which was
taken advantage of by counsel for both sides
to consult with their clients and Others
interested. At Has o'clock Mr.. O'GonnoI
appeared and took the stand. He had formed
an opinion and it would be difficult to change
it. He could, however, render verdict in
accordance with the evidence, but could moi
find verdict in the first degree, as he i;
opposed to capital punishment. To Mr.
Brumm he explained it was matter Of
conscience with him in fact matter OF
right, or wrong. He could not vote fol
hanging. Excused.
Louis Reed, laborer of Foster township
had an opinion, but answered the questions
of both sides with satisfaction and was sworn
in as the ninth juror.
At this stage of the proceedings CLERK
Duiiy reported the Jury panel exhausted and
the court ordered that those stood aside b,
recalled.
Jacob Hess, laborer Minersville, had nj
scruples on capital punishment. He wa
passed by the District Attorney, but Mr.
Brumm challenged him peremptorily,
Patrick Hanley, miner of Mahanoy town
ahip, held an opinion, but it would not in
fiuenee him. He was promptly swern a
juror No. 10.
David Lloyd, a miner of Morea, AM
formerly resident Of Cumboa, kney
Brennan and Elliott. He was passed by tn
prosecution, but the defense challenged him