Waterbury evening Democrat., 1903-11-17
THE JURY CHOSEN
E. o. Kelsey of Madison Last
 Man Selected.
MERNA THE FIRST WITNESS

SaulC at H'aDerS SW1cch-ACtOrney
 Hamilton's Objection Was Over
 ruled By the Court
 Promptly at 9:3O o'clock today Judge George W. Wheeler convened the superior court, criminal side, and the examination of jurors for the case of the state against the nine boys con- cerned in the Faber's switch case was resumed As on the previous days the court room was packed. Juror after juror was excused by one side or the other. Some had formed an opin- ion on the case on having read of 1t iu the papers. Some believed 6 crime was committed and it would take evil dence to remove that opinion. Some were employers of labor, in & small way, some were retired business men, some were foremen.
 Howard Landon of Guilford was ex. cused by the court. He was a dep- uty sheriff here during the early pe riod of the strike.
 Henry A. Wall of Branford, care taker for James S. Elton, father of Waterbury's mayor-elect, said he did not believe In strikes and does not ia vor labon unions. He was excused.
 Charles Blackstone, Branford, did not believe, in unions and never did He believed an employer should have the right to engage and discharge help as he pleased. On that account he did not think himself competent 10 trv the case He was excused.
 Daniel L.. Spencer of Guflford had no prejudice against labor unions either way, but he believed he could not be an impartial juror. He had no particular reason. that he could ex- plain, for saying he feared he would not be an impartial juror. He knew nothing about the case and had no opinion about it. Yet he feared he could not do justice to both sides. He was excused by the state.
 William s. Butler. Guilford, was ex- cused by the court. MT Butler said he was not particularly impressed in a favorable way by the manner in which labor unions are conducted. Af- ter being summoned as a juror he dis cussed the case with man who was juror on the strikers case. Tn re- sponse to the court he said he did not know it was improper to discuss a case after beng summoned as a juror on 1t and the, court then excused him with the remark that he thought the average man knew 1t was highly im- proper to discuss a#case after being summoned as juror on it.
 w. E. Durand. a butcher in Milford. was excused by the court on account of his opinions on the case.
 Edward o. Kelsey, Madison was ac- cepted by both sides, thus completing the jury. The oath was immediately administered. The accused are not charged with attempt to kill Merna and Morrissett, as is popularly supposed. They are charged with assault and conspiracy. on three counts, that is, assault on Merna. assault on Morris sette and conspiracy to assault.
 The first witness called was William F. Merna. He said he came here to enter the employ of the Con- nectcut Railway and Lighting Go Ill the early period of the trolley strike On the evening of the alleged assault, February 26, he was working on the WatervilIe line as conductor and was coming toward the city when the as- sault took place. Morrissette was motorman. Officer Keegan was on the car. He then told of the assault The car was standing on Faber's switch. Witness was making up his book. when three men entered the car, some with handkerchiefs over their faces.
 Attorney Hamilton objected to this evidence on the ground that 1t was ir- relevant. It was allowed to stand. The men who entered the car had re- volyers and they ordered witness and Morrissette to put up their. hands and leave the car Outside the car he saw seven more men. AS witness was stepping from the car he was struck on the forehead by brass knuckles. He then ran toward Waterville. expecting to meet Officer Keegan. AS he ran he was beaten and once he was struck on the head with club. He thought he ran about 100 feet The blow of the club was the last he recalled. When he recovered consciousness he was in the car. Officer Keegan standing over him. After while he got up and started the car homeward, the police man holding him up at the motor. At Highland boulevard an employe of the trolley company boarded the car and took it to the barn. Witness was in hospital until March '. He said his head is still sore and in general way he feels the effects of the assault.
 For some time 1t was necessary for him to be treated by a doctor after leaving the hospital.
 Under cross examination witness de- nied that the cause of his leaving the employ of the Metropolitan Railway Co of New York was damaging reports given the company about him. He en- gagged with Farley to come here. He thought Farley had a contract to break the trolley strike here, but wit ness denied coming here to take any ones place.
 The jury consists of the, following: Erwin N. Clark, farmer. Bethany; Lu- cien Merriman tax collector, Branford; Henry H. Mack. harness maker, Guil-