Evening journal., 1903-09-28
Many CHALLENGES.

. Many Challenges.
It took nearly an hour to draw the jury
that will say whether or not he Is guilty
Of murder in the first degree.
As each juror was called he would be
asked the following question by j. Frank
BAN, who Is simms counsel: "1Iavo you
formed or expressed an opinion touchingl
ihe suit or Innocence Of this prisoner.
II the juror answered that he had formed
or expressed an opinion hS was them
asked the following question by Attorney
General Ward: Have you any conscion-
tious scruplcs against finding q verdict
OF guilty IN the case where the punish
ment Is death where the evidence war
) rants you IN finding such a verdict II
Z the juror had no scruples and was not
1 challenged by either side he was ac-
s cepted.
q William s. Armstrong was the nrst
= juror called and he was challenged by
\ the defense. James l.. David. the next
4 juror. said he would like to be Excused
s and Mr. Ball also challenged him.
Il The defense challenged thirteen jurors
d and the State but two.
" Wililam @. Lawson. John Ruth and
= Elmer Bye had scruples In regard I,
death punishment and were excused.
Oliver TT. Appleby said he had formed
], and expressed an opinion on the case and
n could not render an impartial verdict and
4 he was therefore excused.
ir Jury Complete.
y The jury as selected Is as follows:
Foreman. William James Eliason, ST.
- Georges hundred
Joseph Woodward Christlana
Z Edward c. Reynolds Apr-~Tniminlr.
William Howell, Pencader.
Ephriam Myers Christiana.
Calvin NJ Eastburn. Mil Creek.
william II. Klair. Chrstiana.
Samuel r. Moore New Castle.
Charles A. Rudolph. Wilmington.
Francis II. G.. Lewis. White Clay Creek
George W. Weldin. Brandywine.
! Theodore Jones, Red Lion
Deputy Attorney General Robert H.
Richards made the opening address 20
:. he jury which occupied but a few min
!, utes.
+ First Witness Called.
$ William T.. Gibbs was the 1rst witness
|. called by the State and he testified that
5 he made his home al the police patrol
Il station. lie had seen the prisoner several
h. times and knew Cramer who was srrad
The witness said ne was standing near
= the alley gate at Knox's restaurant
q and saw Cramer shot. Cramcr. ne said.
: was Just coming out OF the restaurant.
= when he was shot and he took It to be
Simms who shot him. He said Cramer
made an insulting remark 70 slmms. and
- thel after pulled out his pistol and shot.
d Sergeant Rice testified that he heard
l. the shot and found Cramer lying on the
= pavement. He ordered the patrol wagon.
a and the injured man was first taken TO
it he police station and then to the Della
r ware Hospital.
j. DR.. Joseph Wales testified that he was
% lat the police station when Cramer was
e brought there In the patrol and he got in
a the wagon and went out to the hospital.
e remaining with the injured man until he
died. He said the bullet severed the main
- artery IN the right limb and his death
was caused by hemorrhages and shock
due 70 tha bullet wound.
officer Ward, who was ono Of the pa
n trolmen who arrested Simms was the next
witness. Ward testified that he was ar
rested in an alley in the vicinity Of Sec
ond and Washington streets. The pris-
4 oner had his hat Off and was peeping over
a fence when apprehended. officer Ward
~ stated that he searched the man after
arresting him. but did not find revolver.
e. Afterwards simms asked If he was look
ing for a gun and pulled revolver out
+ from one Of his pockets and handed It to
r him. The officer handed the revolver, he
< said. to Sergeant Kelieher.
~ Court took recess shortly before ]
10 o'clock until 2.sO. The court told the jury
/ to reiire to their chamber and instructed
III the bailin 10 order their dinner.
The following prisoners We're ordered
q, discharged as bills against them had beer
oi Ignored by the grand jury; Oscar Cole.
"a man, Arthur Armstrong, Alexander Fra
NJ zier. Henry Harding. John Bordley, Ely
Is Briscoe and Christopher Jolly.
u, The count instructed Warden Meserv,
OF to bring John Rasin. who was recently
IN sent to the workhouse for contempt Of
.p court over tomorrow.
20 Robert Young. coloreJ. pleaded not
al guilty TO assault with intent to commit
' murder.