Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-11
WATSON TRIAL BEGINS
List of Talesmen Exhausted
Without Securing Jury.
SPECIAL PANEL CALLED
PRISONER TALKS CHEERFU ULLY
WITH HIS WIFE IN COURT.
Hearing to Be on Two Indictments at
Same Time, With Third Indict-
ment in Allegiance.

the auditor OF the District OF COiumpla,
caused a sensation locally, appeared today
in Criminal Court No. 1 for trial. After
Justice Pritchard had passed upon a mo-
ton, submitted by the defense, that the
three indictments that have been reported
against Watson be consolidated for the
purpose Of the trial, the duty of impaneiing
jury was undertaken. The regular panel
of jurors on duty in the court was exhaust
ed by challenges before twelve men salts
factory to both the prosecution and the de-
tense were secured. and adjournment
was taken until 10 O'Clock tomorrow morn
ing. In the meantime eighty additional
talesmen will be summoned, with instruc-
tons to report at the hour mentioned.
When the case was called this morning
Assistant United States Attorneys Hugh T.
Taggart. Charles H. Turner and Peyton
Gordon were on hand to conduct the prose
cution, while Attorney A. s. Worthington
Of Worthington, Heald & Fraley, Attorney
D. w. Baker of Lambert & Baker and At
torney Stuart Mcnamara were at the coun-
sci table to look after the interests of the
defendant. The attendance included Mr..
James T. Petty, formerly auditor of the
District of Columbia. who supplanted
IN that Office as the outcome of the alleged
peculatOns of Watson: Mr.. Alonzo Tweed
a1e the deputy auditor, and large number
of other District government officials and
fendant. put in an appearance early during
the hearing and took seat alongside her
husband, after having been greeted by him.
She accompanied him to the cell room when
the adjournment was taken and remained
there, engaged in conversation, until Wat
son started on the return trip to jail. At
every opportunity while the court was in
session Mr.. and Mrs. Watson exchanged
whispered words. Each displayed marked
interest in what the other had to say.
Wanted Indictments Consolidated.
The proceedings were opened by Attor-
ney Mcnamara, who formally asked that
the indictments be consolidated for the
purposes Of the trial. The government pro-
posed to go to trial on the indictment
charging the embezzlement of five checks
drawn on the treasurer of the United
States that, it is contended should have
been deposited in the Traders National
Bank, but which, 1t is asserted, were CASH
ed at the Citizens National Bank. These
checks mad to do with cffenses alleged tc
have been committed D:'ior to the adoption
of the District code. Another of the indict-
ments was found under the old law. 1t
lates to checks drawn on the Citizens Ma
tional Bank, and cashed there. that should
have been deposited at the Traders Ma
tional Bank. The third indictment was
found under the provisions Of the District
code, and relate to seven checks alleged
to have been embezzled since the adoption
of the code.
In asking that the three indictments be
consolidated Attorney Mcnamara after
dwelling the law in the case, declared
that it would be an extreme hardship to
Watson, after having been kept in Jail
since last June awaiting hearing, to he
tried now under one indictment with two
others, substantially the same, hanging over
him.
The Motion Opposed.
Assistant United States Attorneys Tag
gart and Turner opposed granting the mo-
ton. While concedng that 1t was in the
discretion of the court to grant or overrule
the same, they pointed out that the reasons
against the granting were based largely
upon the embarrassment that would be
caused the jury in the final consideration Of
the proof If the three cases were tried as
one. 1t was also asserted that the code
has made substantial modification in the
law of embezzlement and that complica-
tions would certainly arise if charges
brought under the old law should be tried
with charges under the new law. The court
was Informed by counsel for the govern
ment that the outcome of the case 1t was
proposed to try first would determine large
iy whether the defendant would be placed
on trial under the other indictments. Those
conducting the prosecution added tina; the
long delay in bringing the defendant to
trial was not entirely the government
fault for, 1t was stated, the defense had
not been especially anxious for speedy
trial.
why. remarked Attorney Baker in
reply, "the government is not ready 10
proceed today" He claimed that no en-
barrassment would result from consoi-
dating the indictments.
Attorney Worthington supplemented the
remarks of his colleagues by saying that it
could not be assumed in this case, that the
defendant was Ignorant of the charge
against him. Everybody is familiar with
the accusation against Watson according
to Mr.. Worthington, and, he went on to
state, lit would be unreasonable to try him
up 10 certain date on one indictment, and
then, II acquitted, to try him on another
indictment relating to different dates"
III your honor please. it has taken US a
long time to grasp even the facts in this
case, began Assistant United States At
tor ney Turner.
We do not think you know them now"
Attorney Worthington interrupted to say,
with smile.
But" the assistant United States attor-
ney continued, you expect twelve laymen
on the jury not to be confused by an array
OF papers, vouchers and checks that have
been Strengthened out by lawyers only after
hard study"
Long Time for Trial.
The governments representatives further
argued that 1t would require twice as much
time to try the case under the indictments
consolidated as under one of them In ad-
dition it was admitted to be very conceiv-
able that only one would ever be tried To
join an indictment under the old law with
one under the code, 1t was declared must
prove embarrassing, perplexing and diff
cult.
Almost before Mr.. Turner had resumed
his seat Justice Pritchard announced that
the motion to consolidate the three indict-
ments was overruled. The court added: II
WILL however. direct that the two indict-
nnd6r Ia
dated" This ruling results in Watson
going to trial under the two indictments
consolidated, found under the law relating
to embezzlement that was in force in the
District of Columbia prior to the date the
code became effective.
Attention was next directed to impanel-
ing jury. Richard A. Walker was the
first man called to the box. He and the
other members of the panel were asked Of
they had formed or expressed an opinion
regarding the guilt or innocence of the ac-
cused; whether they had any acquaintance