Evening star., 1901-11-20

was not acquainted with Ayres, and did
not know Mr.. Bonne. 1t was brought to
light that Mr. Burch entertained decided
opinion regarding the case. He thought
that opinion might succumb to evidence,
however.
Quite a discussion ensued as to whether or
not Mr. Burch was qualified to sit as
juror in the case. Attorney Douglass of
counsel for the defense, contended that he
should be excused for cause. while United
States Attorney Gould argued that it is not
a disqualification that a man has formed
an opinion and takes it into the jury box
with him, the essential being that in spite
OF that opinion the juror could give the de-
fendant fair and impartial trial. The
court ruled that the taIesman was quail
fed.
Causes Ripple.
Some amusement was caused by Mr..
Burch asking at this point that he be ex-
cCsed on the ground that he had served as
juror at least twenty days within the past
year.
Was it not last October a year ago that
you served?" inquired Justice Anderson
No, sir; last month. in Circuit Court
No. - explained Mr.. Burch
Mrs Bonine Joined in the momentary but
general laughter which followed.
IF you had made that point clear at the
start" commented Justice Anderson CON
siderable time would have been saved. You
are excused.
Christian Sproesser answered all aues-
ttons satisfactorily. but no sooner had he
taken his seat than he was challenged per-
emptorily by counsel for the defense.
Being decidedly opposed to the infiction
of capital punishment. So he declared, Thad-
deus NJ Tyssowski was promptly excused.
Leads to Discussion.
81 would hesitate to convict on circum-
st&ntial evidence remarked Charles B.
Fonda.
This answer gave rise to lengthy series
of questions by the court and counsel. Mr..
Gould challenged for cause. but Mr.. Doug
lass submitted that the talesman was not
disqualified. explained that, as counsel un-
derstOod the situation, Mr.. Fonda had no
bias or prejudice against circumStantial
evidence. he merely expressing a prefer
ence in favor of direct testimony. The
Challenge was sustained and Mr.. Fonda
stepped aside.
Charles ". Spates ANNOUNCED that last
week he expressed opinion affecting the
case. and declared that no evidence could
shake that opinion.
Gentlemen. what do You say about it?'
inquired Justice Anderson.
The government has nothing to say"
replied MIR Gould.
Neither has the Defense added Mr..
Douglass. Still, 1 will challenge for
cause.
THE challenge is sustained" ruled the
court.
William Hahn entertained conscientious
scruples the subject of capital punish
ment. according to his answer, and was per-
u.itted TO retire.
Voted in Maryland.
During the examination Of the next tales
man called. Arthur Carrier, it developed that
he voted in the state of Maryland in No
vCmber, 1900.
Were you a resident of Maryland?" he
was asked
NO. but they let me vote there"
Gould you have voted in Maryland the
early part of this month";
Il didn't go to see.' replied Mr.. Carrier.
He was challenged by the defense.
Thomas r. Baker and NJ. A. Kelly were
ability; Harry Horning, because he had
a fixed opinion and was opposed to con-
yictions based on circumstantial evidence;
and G. Adolph Memler, after long parley
ing on challenge for cause advanced by
the United States attorney.
AT this point, 1t being 1870 o'clock, a re-
cess for one-half hour was taken.
Judges Caustic Comment.
The afternoon session of the court was
opened with the examination of Edgar Ball.
He is nearly sixty-three years of age, and
he said he has performed sixteen or seven
teen terms of jury duty. He took seat in
the box. but only for moment for the de-
fense exercised its seventh peremptory
challenge. and Mr.. Ball stepped out.
The next talesman examined, John E.
Thomas. stated that he had fixed opinion
regarding the case. based on newspaper re-
ports and upon his own judgment of hu-
man nature. That opinion was not Suscept-
1ble of change.
Mr.. Clerk" directed the court, remove
this mans name from the jury box. A man
who sets up his own arbitrary opinion to
the way to decide case is not eligible to
sit as juror in this any other case"
Henry Foigt served for three months last
spring as juror in the Police Court. and
for that reason was excused from service
in the Bonine trial
Lodge Jones, colored, the next to ap-
pear.
against the defendant, the talesman was
asked
Gould you render a fair and impartial
verdict according to the evidence in this
case. as you should hear it in court?"
No. was the reply
Why the court wanted to know.
The talesman was unable to explain.
do you know what circumstantial evil
dence means?' inquired United States At
torney Could
IF the defense will challenge for cause
the government will interpose no objec-
ton volunteered Mr.. Gould.
That is the most generous offer ever
heard the United States attorney make"
commented Attorney Douglass. The de-
fense. however, challenged suggested.
and the court directed that the name Of
the talesman be removed from the box.
Henry Lyons. William E. Beck, Clarence
Dodge and Victor Anderson were excused
because they are opposed to capital punish
ment. Mr.. Anderson saying that he would
not agree to verdict that would result in
the execution of any woman.
Lewis H. Wayne, colored. qualified but
was challenged by the defense. George E.
Smith and Thomas II. Unsworth were ex-
eused by the court. as they had performed
jury service within twelve months Physi-
cal disability was advanced by c. w. Bland
and he, too. was permitted to depart
Il do not believe in female capital punish
ment," said Maurice Fitzgerald
"I challenge for cause" interjected Mr.
Gould.
Challenge sustained"
The course OF the defense in peremptorily
challenging colored jurors who had appar-
emily met all requirements after fnterroga-
tion by judge and lawyers was continued
today. Several colored men were told to
sit in the jury box at different times. but
none got more than settled in mis- chair be-
fore the challenge came from Mr.. Doug
lass that demanded its immediate vacation.
Government Satisfied.
Caleb Hawkins. colored. qualified and took
the vacant seat in the jury box. 1t was the