The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-06-17
Thomas A. starkey,


Right Rev. Thomas A. starkey,
DID. LID, of this diocese, entered ac-
companied by Archdeaeon Alexander OF
Newark, Rev. DR.. Daniel Warren, chap
lain of Christ Hospital Of this city; Rev.
Cornelius Abbott of Newark. Rev. De
George S. Bennitt of Grace Church, this
city; Rev. DR.. William Richmond OF
Orange.
Suddenly the little woman before men
toned jumped up and informed her
friends that Rev. Mr.. John Keller was
coming up the central passage of the
room. Sure enough it was the injured
clergyman led in by Assistant Prosecutor
George I. vickare. All eyes was fas-
tened on him. His back was turned 10
the table at which Barker and his wife
sat. 1t was observed that when ne
passed them Barker turned in his seat
and regarded fixedly the man whose Ire
he sought The defendant wore black
suit and blue shirt. One would nave
imagined by his demeanor that ne was
mere spectator instead of the central
figure He chatted with his lawyers,
turned around and surveyed the specta-
tors and seemed to be amused With the
artists who were busy sketchlng him.
Sharp on the hour of ten Judge John A.
Blair came in, followed by Prosecutor
James S. Erwin and the lawyers for
Barker. Messrs. Marshall Van Winkle,
Albert c. Wall. No time was lost in get
ting down to work when Judge Blair said:
Counsel ready in the case of The
People against Thomas G. Barker?'
YES. your Honor" said the Prosecutor.
Marshall Van Wrinkle then rose and
primarily challenged the array of the jury,
stating at the outset that it was drawn
in direct violation of the Constitution OF
the United Staes He contended that the
crime charged was a high misdemeanor
and a felony. There was nothing in the
section of the act which called for
struck jury Counsel insisted that the
drawing of the struck jury by the special
law under which the State had proceeded
was in direct violation of the prisoners
rights as preserved in Magma Charta.
your Honor has selected the names of
persons not called for on the Sheriffs
books and 1 propose to call the Sheriff
and see that book If we show that your
Honor has gone outside of the names
from the book it stands that under the
act this is not a panel to try this case.
In this forty-eight list of names drawn
there are men who are exempt from jury
duty, and we wish not to have forty-two
or forty-seven names to select from, but
forty-eight as fixed by law. For these
reasons 1 hand to you my challenge in
writing"
The Prosecutor in reply said that it was
not the fact that the defendant was de-
prived of his rights under the constitution
by the present array. Reading the section
of the act the prosecutor said that this
question had been settled by the courts
in this State. Take for instance in the
case of Brown VS.. The State. which went
through the Court of Errors and Appeals.
In that case the very points raised py
Mr.. Van Wrinkle in the present case were
settled in the opinion of Chief Justice
Depue and in the decision of the United
States Supreme Court. AS to the point
of the names on the array not mentioned
in the Sheriff's book the act specifically
gave the right to take any names OF
citizens qualified to serve even if they
were not on the Sheriff's book
Il move you now, sir, and ask you to
rule on it that the panel be quashed for
the reasons 1 have stated"
Judge Blair ruled the motion out but
said that the demurrer would stand
against the challenge of array if proper
ly drawn. The form will be settled later.
The preliminary skirrnish occupied near
fy an hour and at its close the clerk be-
gan calling the list of jurors, winch has
already been published in these col
umns.
Nov before the list is finished inter-
rupted Mr.. Van Wrinkle, 81 would like
specific ruling as to the number OF chal-
lenges for the defendant"
give replied the Court, and the list
was resumed with continual interruption
from Barker's counsel as to peremptory
challenges, whether or not they should
be made before the juror was sworn or
after he took a seat in the box. The
prosecutor and Mr.. Van Wrinkle snarlad
at each other during the discussion, the
latter sittir g down, saying:-
you'd make a very poor schoolmaster
for anyone"
Down came the Judges gavel.
While the tedious process of getting to-
gether jury was in progress, only en-
liyened by the pickering of the lawyers
on both Sides the female population of
the township of Arlington were in state
Of benevolent assimilation, the leaders of
the Barker and Keller factions making
attempts at proeelytising. The chatter in
creased and it needed two or three sharp
reminders to keep the chatterboxes quiet
that if the noise continued the room
would be cleared.
The jury box being at last filled Bar
ker and his counsel proceeded to look
over the jurors with view to exercising
their challenge rights, and more scrap
ping followed between Mr.. Erwin and
Mr.. Van Winkie.
Finally the challenges were exhausted,
the jury selected and the cause celebre
began in earnest Barker critically looked
at the faces of the men to acquit or con-
Wet him of the charge and nodded his
head approvingly His wife whispered in
his ear and seemed pleased at the men
of eminently respectable appearance be-
ing sworn to do their duty in the cause.
Mrs Barker stood up and removed her
Jacket revealing white silk waist
trimmed with lace. As she did so she
turned and for the first time was almost
face to face with Rev Mr.. Keller. She
quickly sat down while the rector bent
his head over some papers on the table
before him. The jury having by this