Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-19
WATSON FACES COURT
Has Gained in Weight Since
Incarceration.
WIFE AT HIS SIDE
EFFORT TO SECURE A JURY TO
TRY HIM.
Charged With Embedding Funds in
Hands of District Government
-Talesmen Examined.

James NJ. n. watson, the 1OItlltI
employe of the District government,
who is under indictment for the EN-
bezzlement of about $4,000 of funds
in the hands of the auditor of the
District of Columbia, was again
placed on trial today. After thirteen
jurors had been Intercepted the
court adjourned until 10 o'clock to-
morrow morning.
When the case of James NJ A. Watson,
indicted for embezzling about $1,000 of
funds in the keeping of the auditor of the
District of Columbia, was called for trial
this morning, for the second time, In Grim
inal Court No J. twelve of the Jurors of
the court were under lock and key in the
jury room, supposed to be celebrating over
verdict in the case of Samuel Gassen-
heimer, tried on the charge of receiving
embezzled railroad tickets. Notwithstand-
ing the absence Of the panel In the Gassen-
helmer case, the duty of impaneing a jury
to pass upon the question of the guilt or
innocence of Watson was begun. In less
than an hour the available talesmen had
been disposed of and recess was taken
until LIS o'clock this afternoon, in order
to give the Gassenheimer jury further op-
portunity to agree. Counsel for the defense
declined to waive the right to examine
tnose 1urymen who were detained by the
other case.
In court at the morning session were
United States Attorney Beach and Assist
ant United States Attorney Turner, for the
prosecution, and Attorneys d. W. Baker
and Stuart Mcnamara for the defense At
torney "A s. Worthington, of counsel for
the defense was at the Capitol engaged in
the Smoot inquiry. Former Auditor PETTY
Deputy Auditor Tweedale, Mr.. Louis vii.
son. private secretary to Commissioner
West, and a large number of officials and
employees of the District of Columbia, who
have been summoned as witnesses for the
prosecution, were in the court room
promptly at IL o'clock
Watson. apparently much stouter than he
was When last seen in court, made his ap-
pearance from the stairway leading from
the cell room directly underneath Criminal
Court NO l. He was escorted by a deputy
united states marshal. The defendant look
ed straight to the front as he made his
way to his chair, almost brushing against
Mr. Petty and others from the District
building. He spoke to no one In a moment
or TWO he was Joined by his wife, who
seated herself in chair alongside him
MIS- watson has lost considerable flesh
since the time the case was first called for
tIlal' BE wore a black gown today, and
about her shoulders was a shawl OF bIack
lace. A conspicuous feature of her rairnent
was large heart of gold, suspended from
chain about her neck. She seemed 10
dispiay as much interest in the selection
of the jury as did her husband There
We're no other women present
Twelve Jurors Sworn.
Twelve jurors took seats in the box and
they were sworn on their voir dire each
agreeing to make true answers to the oues-
tons about to be propounded nv the Court
and counsel. First to be interrogated was
Lysander r. Embrey. He stated that he
had faint recollection of the disclosures
AFFECTING Watson, but nothing more and
was allowed to resume his chair Samuel
Coomps was next called and apparently
answered the questions asked him II, a
satisfactory manner.
The next man. Joseph Berberch, an.
nounced that he had taken an Interest IL
the case and had formed an opinion az
to the guilt or innocence OF the accused
Ihe defense challenged for cause and Jus
tlce Wright sustained the challenge s.1
Frederick Mersheimer special agent .of
the washington Railway and Electric
Company, after replying to the preIiminarv
questions, admitted that his company is
In the habit of depositing money at the
District building to guarantee the making
or repairs to streets, and the like He
was not challenged.
Carl A. Droop remarked that he knows the
defendant in business way. having sold
goods to him. Further, Mr.. Droop said
that he Is connected with one of the banks
thtte hS iSS III tHS case, anu the court Si1S-
tanned Attorney Bakers challenge for
cause.
The Gassenheimer Jury.
AT this point the proceedings were sus-
pended in order to permit the Gassen-
heimer panel to file into court.
Il understand that you desire to COM
municate with the court?" Justice Wright
said to the twelve men who have been in
consultation since IL 80 o'clock last Friday
morning.
I'VE desire to say that we cannot agree"
the foreman announced. THAT is the
opinion of eleven-twelfths of u.s.
Il see reason why the jury cannot
agree, Justice Wright commented, terse-
ly. "You will retire and continue your
deliberations
When the Gassenheimer jurors had de-
parted United States Attorney Beach
called attention to the fact that there were