The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-07-17

BY A STAFF CORRESPONDENT

BY A STAFF CORRESPONDENT
| Union. Mo-. July 16.-Counsel for the de-
tense succeeded in tangling the Collins muir
uer ttlal IN a hard legal knot this after
| noon shortly after Oscar Busch, a hardware
| nerhant OF Union, the first witness for the
prosecution. was placed upon the stand
| The point at issue Is whether evidence
| connecting Collins with the robbery of the
National Bank at Union shall be admitted
as competent testimony. Prosecuting At
| torney Meyersieck was asking Busch cues
tons which would lead to a recital of the
events that transpired on the night of De-
| cefnber Is. when the bank was looted. He
had reached a point in his direct examina-
ton that would have informed the jury that
| the bank had been robbed, when Attorney
| Jesse H. Schaper, chief counsel for the de-
| Tense. objected.
The objection was overruled on a tech
nicality and an exception noted. Before
Busch could reply to the next question,
which was Of similar character. Schaper
| again objected. His objection was refuted
| by the Prosecuting Attorney and James
Booth. associate counsel for the State.
JURY REMOVED.
Judge Davidson then asked the attorneys
If they cared to fight out the disputed point
at that time, and. receiving an affirmative
reply from both sides, he ordered the jury
| taken from the room,
For more than an hour and a half the
attorneys argued, submitted authorities and
fought the contested point. Judge Davidson
| reserved his ruling until tomorrow morn
| ing.
The stand taken by counsel for the de-
| tense Is regarded particularly strong.
| Should Judge Davidson override the OBJ
lection and the facts concerning the robbery
are admitted as testimony. 1t is thought by
some attorneys that the defense will have
strong grounds for q reversal in the event
the case is taken TO the Supreme Court
Should SchaIer's objections be sustained
nothing could be introduced tending to show
the motive Of the killing. and it is believed
that the defense could secure manslaugh-
| ter verdict as the most severe sentence
Judge Davidson is in favor of avert!ng the
| issue in its present FORM and 1t is intimated
tonight that the prosecution will withdraw
the witness. If this is DONE Busch may be
introduced again at some. more opportune
! time.
| PANEL IS SELECTED.
The fortieth member of the Collins jury
panel was selected at 2:40 o'clock this aft
| ernoon. The additional venire of forty men,
summoned by the Sheriff last night, had
| been exhausted with the exception Of three
men when the selection was made.
Fritz Gehlert, farmer living near Union,
created considerable merriment by his naive
| answers to the lawyers questions. Even the
stern visage of Judge Davidson temporarily
lost its expression Of judicial severity on
| several occasions.
When asked by Mr.. Schaper. of the coun-
sci for the defense, whether he had kind
| ly feeling for the prisoner. Gehlert stated
Il have a kindly feeling for him and 1
have good feeling against him."
This he explained meaning that he,
| while having no bias against Collins, would
| sentence him to be hanged should the evil
| dence 50 warrant.
Court convened an hour earlier this morn
ing, and the examination of the yeniremen
proceeded more rapidly than on the previous
day. Collins retained his nonchalant air,
and from his manner and good spirits one
| would not think that his life hung in the
| balance.
COLLINS INDIFFERENT.
He watched the proceedings closely, but
| apparently took no more interest in the Sc
lection of the veniremen than the average
person who was present from curiosity.
Seven men were examined and excused
| before John II. Grothaus was deemed COM
petent the twenty-eighth panelman ].
| L. Robinson, who had qualified yesterday,
was excused by the court, owing to illness.
The next venireman, Henry Bentman of
Washington, was also accepted by the at
torneys, but several more were excused
in succession. In fact, the last venire was
SO rapidly pruned that 1t was thought for
a time it would be impossible to secure the
necessary forty panelmen without an ad-
| ditionai venire.
The veniremen empaneled to-day are:
John G. Grothaus Of Washington; Henry
Bentmen. Washington; Fred Ruether hotel
keeper, Washington; William F. Buse,
farmer. Washington; John C. S. Foss, in
surance. Washington; Fred Wilson. Wash
ington; Herman Willenbrink. dairyman,
Washington; 8. V. Chatham. farmer. Wash
ington; Fritz Berghorn, farmer, near Union
James soph. farmer. near Union; Louis
Phillips, farmer near Union; Henry Green
farmer. near Union, and Fritz Gehlert,
farmer, near Union.
CASE OPENS
Shortly after 4 o'clock court convened
after recess Of two hours and half. TIL,
panelmen were brought into the courtroom
and the prosecution and defense announced
their peremptory challenges. After the
jury had been sworn the formal information
charging Fred Collins alias Fred Lewis
with the murder OF Charles ]. Schumacher
Pinkerton detective. was read
William Rudolph. alias William Ander
son, is also charged Jointly with Collin,
with the murder. but as Prosecuting At
torney Meyersieck explained, Rudolph
will not be tried at this time owing t.
his escape from the Jail in st. Louis, xhers
he had been sent for sade-keeping."
Following the reading of the information
the Prosecuting Attorney made the open.
ing address, describing the robbery of the
Union Bank, the events leading up to the
killing of Detective Schumacher the arrest
of Collins and Rudolph in Hartford, Conn