The Minneapolis journal., 1903-04-28

This mornings work in Judge Elliott's
courtroom resulted in the selection Of two
jurors who will do their share in deternin-
ing the fate of former Mayor A. A. Ames.
This progress was much greater than ex-
pected, and, with little over full day
gone, there are five Of the twelve men IN
the jury box. But rty-eight talesmen
had been examined up to noon e
From the attitudes taken by the state
and by the defense in the examination OF
prospective jurors, the choice of neither
side seems to be governed by any definite
rule. It appears to be a case of indfvidu-
alism to a marked degree, and inspirations
is evidently relied upon to assist the attor-
neys in the quest for advantageous jury
timber. The man Is looked over, and IL
he creates the right impression upon either
side then he is candidate for honors.
| There seems to be, however, one rule
made by the attorneys for the defense
which is, perhaps, a trifie surprising. They
NhaSes sViaently conceived a decided dis
taste for young men as jurors. Without
exception the men whom DR.. Ames' attor-
neys have wanted most have been of mid
| die age or older. 1t is. suggested that
they believe the older men are broader,
| have seen more of life's reverses and are
more likely to be swayed by sympathy for
! the elderly prisoner. Il ssss -:sra51 5z
Speculation as to Defense.
| It is to early in the game yet for the
court proceedings to have given any in
| dication of the line of defense and pos
sibly just for that reason the matter is
| the subject of interesting speculation
among attorneys and those watching the
| case. From the character and reputation
Of the defendants legal array, it is as
sured that the defense will not only be
| ingenious but will be backed up with a
good deal of vigor and eloquence, Thp
w. w. Erwin has been quoted as saying
+ that his famous c1iRnf WI had III -
doubtedly been irresponsible mentally. 1t
i is mot now believed that the plea of In
sanity will be the main feature. From
inquiries made by Anes' attorneys and
| from the nature of some Of the witnesses
| subpoaened, 1t is believed that some foun-
dation will be laid early In the case for
| taking advantage of the insanity plea II
it seems advisable later in the trial.
There are other possible lines Of defense,
| however, which may prove so strong that
| it will not be necessary to fall back on
the defendants mental condition. One
| theory advanced by a prominent attor-
ney deeply interested in the case is that
Ames will take the stand and disar1n the
state by admitting practically all the
facts charged by the prosecution. He
| would admit receiving sums of money
from Gardner at various times; admit in-
structing him to make certain collections,
in short admit everything except that he
knew that the money was paid Tor a COR
| rupt purpose. On this point he would
simply say that Gardner was his student
and assistant and that he was employed
as collector from the Doctors private
practice This may seem puerile to those
familiar with the admissions Of Gardner
and other evidence in the states hands.
but it is believed to be susceptible OF pre-
sentation in such a way as to raise the
| necessary doubt in the minds Of the jus
rors. -s.-
| An Odd Complication.
Whatever tactics are employed by the
defense, the case will present an inter<
esting complication when Irwin A. Gard.
ner takes the stand. Until very recentlN
Erwin &, Mead were Gardner's attorneys.
AS he Is to appear as state witness this
time it will now be their duty to paint
! him as black and unreliable as they can.
whereas when they defended him they
laid particular stress upon his childifkS
innocence and complete freedom from all
suspicion Of guile. If Gardner falls into
the hands Of Mr.. Erwin for cross-ex-
animation the situation will be particulars
ly interesting, for the latter can "skin~
witness most artistically when he haS=
a mind.