New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-09
PATTERSON JURY At LAST.
1ctress Bears Rand's Opening
Speech Much Better than Before.

After four days sitting of a special panel OF
two hundred talesmen. the jury which VIII Try MISS
3 .'Nan" Patterson for murder was obtained yester-
L day, and Mr. Rand for the People, made his open
ing address,
Immediately after the noon recess Justice Davis
summarily dismissed from the jury John D. Bene-
dict the eleventh juror. The court said that afi-
davfts had been submitted which would be filed
later.
Mr. Levy the prisoners counsel objected. He
had not had opportunity TO take part in the
summary Investigation and maintained further that
under the law the defendant had the right TO exam
ine the persons making the afidavits submitted.
He said the defence taken by surprise.
The court explained that 1t had exercised its dis
erection. NJ. Levy allowed the affidavits.
He then demanded that the persons making them
be called. This motion was denied.
The af1davits were signed by John Millgan, Of
No. 27s Eighth-ave.; J. W. Bingley. Walter H
Wheeler. Of No. 2Ss West Ore-hundred- and third
St, and Maurice Bowler, who served with Bene-
dict the jury which tried Joseph Ferrone last
May for the murder Of his wife The jurors on that
occasion informed the judge who tried the that
Benedict had not taken sides against Them but
had refused 10 vote the others all being for
viction. Benedict had previously voted for con-
viction. but changed his mind.
After exhaustng his objections Mr. Levy de-
ciared that it placed him at great disadvantage.
since he had exhausted twenty-four OF his thirty
peremptory challenges. whereas the prosecution had
used only seventeen. The court gave him three
more challenges.
Mont 5chackman. OF No. 81 East One-hundred-
and-eleventh-st.. importer Of novelties
chosen IN Benedict's place Schacknan is twenty
six years ole. He is unmarried. The defence has
heretofore carefully rejected all young and unmar-
RED men. The twelfth juror Lenox S. Lake
or No, 40 East -hundred-and-twenty second-st,
a wholesale oyster dealer.
The jurymen finally selected are, with one eX-
ception, married. All but four fifty years
old.
when Mr.. Rand opened for the prosecution Miss
Patterson was the only woman in the courtroom.
This seemed to help her bear the ordeal much better
than at the previous trial Mr.. Rand went over
much OF the ground covered in his first arraign-
Inent of the girl. and was not whit less bitter
than before.
After stating the difference between direct and
bookmal1er more highly than before, and described
the first meeting OF Young and the defendant
Mr.. Rand told about the meeting of Young and
the defendant on the morning of the shooting,
their ride downtown in the hanson cab and the
finding in Young's pocket Of the weapon that was
bought at Stern's. He also said that at the time
of the shooting the police, knowing those con-
The woman was detained as a witness and when
the autopsy disclosed the Of the bullet she
was held for murder.
Mr. Rand had this to say of his witnesses 81
cannot promise you that the men I shall call will
swear to all they know. ! think you will say that
two of them. the cabman Michaels. and the pawn
broker, Stern, not telling all they know or
But there is enc witness cannot call. He is ].
Morgan Smith And I cannot call his wife, the
sister OF the defendant, because the pair have
away"