Evening star., 1901-11-19

defendant and he declared that he had not
Have you any bias against -circumstan-
tial evidence in a murder case?" then ask
ed United States Attorney Gould.
mo questions announced Attorney
Chas. A Douglass of counsel for the de-
fendant.
Mr. Vermillion resumed his seat in the
jury box for the time being, and Mr.. Basil
B. Earnshaw arose for examination to de-
termine his qualifications. 1t required but
a moment to discover that Mr.. Earnshaw
had formed an opinion. Furthermore, he
declared that his opinion was so firmly fix
ed that it could not be overcome by any
evidence that might be brought out in
court Exhaustive questioning by the court
and counsel failed to alter Mr.. Earnshaw's
opinion. He was challenged by the defense
for cause and was excused.
A young colored man answered when
Clerk Smith called, III. r. Shippen." He
replied acceptably to the stereotyped
queries. 1t was brought to light by the
preacher. Later Mr.. Shipper was the
first of those in the box to be excused by
the defense, through the medium of per-
emptory challenge
Mr.. John D. Robinson ran the gamut of
interrogatoriese satisfactorily, as did Mr..
Walter j. Fry although the latter admit
ted that he had IAN opinion regarding the
case, derived from the newspaper reports
But 1 could render a just verdict from
the evidence 1 should hear 1t in court
explained Mr.. Fry.
The Witnesses Excused for Today.
At this point the court, at the sugges-
ton of United States Attorney Gould, ex-
cused the witnesses, it being agreed that
the jury could not be completed today.
The witnesses were instructed to report
tomorrow andUeyery other morning until
finally excused promptly at 9:45 o'clock.
They will report to the clerk, in order
that their 3ftaffdanc he
Messrs. George arP. Bury, Cornelius
Carmody and George I. F. Downey quail
fled in the order named and resumed their
seats. SCI s " sab1ecs. AaHevers to spsremptoFy
When Mr.. Lee R. Martin faced the court
a possible juror the United States attor-
ney called attention to. information he had
received that Mr. Martin:was susceptible to
stomach trouble and the confinement and
restrictions Of service on the jury might be
detrimental to HIS health The matter was
discussed at some length, the court finally
excusing the talesman. '"'~-' -
Mr.. S. Clarence Redman~ asserted that he
had read carefully all the, newspaper re-
ports of the tragedy and had fixed opin-
ion. He did not think his opinion could be
changed no matter what might be the char
acter of the evidence adduced in court. He
was challenged for cause and the court sus-
tanned the challenge.
When the court asked Mr.. Benjamin NJ
MundeH if he had any conscientious scru-
pies against capital punishment he re-
piled, I'm a little scrupulous on that
point" -,
You mean you are opposed to capital
punishment" Justice Anderson wanted to
know. 2&J
yes sir" ae1sCz,
You are excused
Mr.. H. N. Eiker also entertains conscien-
tious seruples against capital punishment,
and was also challenged for cause. Messrs.
Henry E. Armstrong. Thomas F. Kane
Arthur Moore and Anthony Lewis resumed
their seats, Lewis, colored lamp lighter
being challenged .peremptorily by the de-
fenSe later.
Peremptory Challenges.
All of the twelve seats in the box now
being occupied, the defense was given the
privilege of exercising the first of it's
twenty peremptory challenges. AS stated,
H. r. Shippen, colored, was excused Will
lam P. Colley was called in his stead and
qualified. Exercising its second challenge
counsel for Mrs. Bonine permitted R. H.
Lewis, also colored, to sever his connection
with the case. Mr.. Richard Gaskins and
Mr.. Samuel E Shields declared that they
could not render a verdict that would en-
tail the death penalty, and, Of course, were
excused
Mr.. William 7. Smith, colored under
taker. said he had an opinion, but it might
be changed under certain circumstances
Attorney Douglass argued that a Juror
should enter the box free of opinion There
fore, he said, he would challenge the
talesman for cause.
The challenge was overruled The first
exception of the trial to a ruling by the
court was then noted and by the defense.
Mr. Smith was challenged peremptorIy
Messrs. Joseph A. OHare and Charles
Evans Jones were excused from service.
the former on physicians certificate and
the latter because he had fixed opinion.
After Messrs. VIM. L. Koontz and George
w. Thomas had demonstrated their eligi
biiity to serve o nthe jury, If agreeable to
counsel, it was. .anaeuneed that the panel
was exhausted. An adjournment until 10
ordered the mai shaft summon sixtv ad-
ditional talesmea in The meantime.
81! a-s4-sse--------