The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-10-09

shifted from one foot to the other, to
relieve his restless spirit. When the
district attorney finished reading he
indictment. llull's counsel answered
not guilty.
SELECTING A JURY.
At o,4j the task of selecting n jury
was commenced: and 1t proved a task
that taxed the patience and the encr-
sies of counsel on both sides. also OF
Judge purdy himself. All the cle-
ments that could possibly oppose Il
ready selection of a jury seemed pres
cnt. 1t was Il most remarkable COIN
cidenCe that a long line of Jurors
would follow with the same idea as to
circiinstantial evidence. The major
lily of them. in fact. nearly all of
them. averred that they could not pos
sibly convict the defendant on circum-
stintial evidence. no matter how
clear or strong or how conclusive il
might he. they all insisted that it
would be necessary ana essential to
hear the testimony of an eyewitness
of the happening.
Besid" this peculiar condition., there
was another just as strange. Thclc
N'l' " W. nv JNiiol' ~ -
frmed that they had formed an opin-
ion as To the defendants guilt. based
on the newspaper reports. which, while
they might set aside in the face of
the law ana evidence, but when
pressed by Murphy, of the defense.
they declared they would not say posi-
lively that they could set this opinion
aside These were the circumstances
thai piled up the challenges for cause
on both sides: the disbelief in cirruin-
%stantial evidence for the conrnon-
wealth and TIL" presence Of al opin-
ion or ~prciudsment for the defrnse.
JUROR ABSENT.
What appeared to threaten the COM
m~onwealth's side of the case. arose
when the name of Charles Bellman.
Of Ilnwley. was called and there was
no response. 1t developed that the
juror had not been summoned by per-
son: he moved TO HaHleton some
months ago. and while the
had been mailed to him. he sheriff
could not locate the reply Bellman
sent. Mr.. Murphy then raised the
question as to the regularity of the
panel. there not being IL FUN n by
reason of Bellman not being a resi-
dent of the county.
At the opening of the afternoon SEES
sion. he presented in writing reasons
why the indictment should be uuashed.
based ON the fact that the panel was
not regular.
The district attorney ana Mr..
Searles met this with a decision of the
supreme our hich so impressed
Judge pmdy that he denied tn" mo-
ton. allowing a bill to be- sealed for
tn. defendant.
When court adjourned. the defense
had exhausted twelve of its twenty
challenges, while the commonwealth
used only half of that number.
The prospects of selecting IA jury to-
day is looked upon as brighter, as
there will be a different class of men.
those vino. ii is expected. will not be
SO unwilling AS those Of yesterday
plainly appeared to be.
ANOTHER PANEL.
When the laSt-name vas drawn
from the panel. Judge Purdy directed
an order for ii full panel of sixty
jurors 10 be drawn by Sheriff Arm
bruStor. He asked counsel of each
side for suggestions. to which The dis
trict attorney replied that it was his
wish, Mr.. Murphy. of the defense,
asserting, to have those names placed
in the panel which represented the
higher intelligence of the community.
1t was the wish of both sides, he af-
iirtned, to have representative men Il
sit and decide The issue.
In tho ,,.uniir,n I,Ira. IDr,l,. al
journ"d the case to this morning at
Q o'clock. when the sheriff promised
the extra jurors would be on hand.