The evening times., 1900-01-20

Duffy Pure Malt niskfy Co.. Rochester n. L.
ed in the hands of the jury, nor had he
| any bias against insanity as defence. He
could credit expert testimony on the sub
ject of insanity. He was seated and Mr..
Gould announced the Government as be-
ing still satisfied with the jury.
At this juncture there was brief pause
in the proceedings while the counsel for
the defence conferred as to their next
challenge. Mr.. Smell. ST., leaned over and
whispered to his wife, who merely nodded.
the panied look on her face never leaving
il for a moment.
Mr. Perkins was then excused by Smell s
counsel. and Isaac d. Boyce called, and at
once excused on account of illness.
\ Tilt Between Lawyers.
Isaac Ottenburg baker, took the stand
and seemed to have no prejudices for or
against either side of the case. A ques-
tion by Mr.. Turner was objected to by Mr.,
Gould. who said "the question is asked for
the sole purpose of disqualifying the
juror"
1T is not so intended said Mr. Turn
er.
1T was putting an answer iLto his
mouth, aim st. !" sail Mr.. GcIf.
Il am merely trying to discover the
state of the jurors mind. said Mr.. Turn
er.
Your honor well knows that the defence
has almost reached the limit of its per
| emptory challenges, and we want TO know
who are going 10 serve US there
The court then put the question as to
whether the witness was biased in favor OF
hanging in all cases of conviction for muir
der, and found it hard to put the query
so as TO draw out the true feeling OF
the man.
The talesman says" continued Mr..
Turner to the court. that he is biased in
favor of the death penalty in every case
of conviction"
This the court questioned. and Mr..
Mitchell defended the objection made by
his colleague. The stenographer read the
last few questions, and Mir. Gould said that
nothing could be clearer to qualify the
juror, but the defence challenged.
Mr.. Gould then put the formal questions.
This at once brought on a tilt between the
two sides, and the court interfered in
sustaining the Government. but the final
outcome produced such prejudiced replies
in favor Of the death penalty solely in case
of conviction. that the witness was eX-
cused at the instance of Mr.. Gould, who
smiled at the outcome Of the whole mat
ter.
Henry D. Nicholson, of 120S Thirty-first
Street northwest, an attorney practiciHg
in the Pension Office. proved to be a very
intelligent talesman. He said that al
though it would require weighty evidence
TO lay aside his opinion, he could go into
the box and give a clear verdict on the
evidence.
That's an ideal juror, II seems TO me- "
said Mr. Turner. but entering further into
the routine queries his replies were in
every way satisfactory. He had no preju-
dice against insanity as a plea or against
expert testimony in proving such defence
on a charge of murder. He was sent 10
the box.
The Last Challenge.
The Government here again expressed
satisfaction with the jury, and the defence
looked serious as they conferred together
before indulging in what was their last
challenge
SMELLS father arose and walked over to
Mr.. Mitchell, whispered something TO him.
and then returned to his seat Smells lit
tie eyes followed his father. The mother
never moved. She had sat like a craven
statue since the opening of court and the
clock pointed to exactly noon. The whis-
ties blew out a long blast. and Mr.. Tur-
ner said. breaking the tense silence:
We excuse Mr.. Stevens"
The prosecution now had two challenges
remaining to them. They called Felix Sci
bert, who stated that he lived within
stones throw of the place where the crime
had been committed, and that he had
known of the murder an hour and half
after its commission. and had talked about
il all that day. His opinion was so strong
against the prisoner that the court, on
the challenge of Mr.. Turner, excused him
without opposition from the prosecution.
Thomas r. Nelson, coiored, was then
called. He said that he had not formed so
strong an opinion that proper evidence
would not remove it. He was seated. A
pause of several minutes here occurred
while counsel for the defence and the at
torneys for the Government silently con-
suited
When the court convened after recess.
Mr.. Gould, for the Government. opened
the case for the prosecution, reciting the
case in it's details.
At the conclusion Of his argument the
trial was adjourned until Monday.