The sun., 1904-12-09
JURY BOX FULL.
ONE ACCEPTED JUROR EXC USED
AFTER A LITTLE FUSS.

He Was the Man who Hung the First Fer.
rome Jury Prosecutor Rand's Open
ing speech Indicates That He Ii Having
Trouble With Man Who Sold Pistol.
Nan Patterson heard all over again last
evening Assistant District Attorney Rand's
outline OF the testimony which he says
he will produce to show that she murdered
Bookmaker Cesar Young In cab on the
morning OF May 4 last.
When court opened there were eleven
Jurors In the box, but the prosecution
wanted to drop the eleventh Juror, John D.
Benedict Of sH Central Park West. Mr..
Rand and Assistant District Attorney
Garvan had several conferences and pretty
soon subpoena servers and other assistant
District Attorneys came bustling into court
to assist Messrs. Rand and Garvan, while
the prosecution challenged talesmen by
way Of sparring for time and used up the
morning session.
District Attorney Jerome was In court
when the afternoon session began Justice
Davis Immediately announced:
'Mr. Benedict, you are excused from
further service as a Juror
Mr.. Levy, the prisoners chief counsel.
Witu oDyCOGOA hLiH
to be heard Justice Davis told him that
that were satisfactory to the Court. Mr..
Levy said:
But wish to put my protest against
this proceeding on the record. While the
Code makes provision for the Court to put
aside any juror, the defendant was not
allowed TO take part In any deliberations
that resulted In this action. There should
be good cause for the dismissal Of juror,
and in this case / believe the cause Is
insufficient. We demand that the inves-
tigatiSpn made na In in you, y,L,,I Honors private
You are in error, Mr.. Levy; there was
no investigation in my private chambers,
corrected Justice Davis.
An affidavit had been prepared and this
was handed to Mr.; Levy by Mr.. jerome.
davit put on the stand 30 that he could
examine them This was denied by Justice
Davis. Then Mr.. Levy protested that he
was put at a disadvantage because he had
exhausted several OF his peremptory chal-
lenges, thinking that only one juror was
to be secured. He had only three chal-
lenges left Justice Davis gave him four
extra challenges making good the number
he had left before Mr.. Benedict was ac-
cepted, n
was selected on Wednesday afternoon
Assistant District Attorney Train walked
into court Mr. Train remembered that at
the first trial Of Joseph Ferrone for muir
dering his wife Mr.. Benedict was a. MEM
cording to affidavits made by the foreman
and four other jurors in that case. on the
first ballot the foreman announced that
the jury had voted for murder in the second
degree. When the Jury was about enter,
that he had voted for manslaughter in the
second degree and that when the eleven
other jurors came around and argued with
him he refused to vote at all. AT the time
Judge Foster sent a communication to the
Commissioner OF Jurors saying that it
would be wise to relieve Mr.. Benedict Of
jury duty. Ferrone on his second trial
was convicted Of murder in the second
degree.
afternoon. Mont Schackman. an importer
OF novelties and the youngest man on the
jury. and l.. s. Lane, Wholesale oyster
dealer, were accepted. It was near o'clock
when Mr. Rand began his opening address
Mr., Rand referred to the prisoner as
Young's discarded mistress, and said that
Young had offered to support her in Europe
but that she had refused to leave him and
go, and then when he and his wife we're
sailing for Europe he offered to provide
Young he referred to as a good woman
and loving and exemplary wife, -,
was probably the most wonderful con-
tortonist and acrobat that ever lived
OF Hyman Stern, the pawnbroker who
sold the pistol with which Young was killed
Mr.. Rand said:
stern is either keeping back some
thing, or he is man of the most extraor-
binary stupidity
Mr. Rand said that he would show that
j. Morgan Smith. Mans brother-n-law,
ran away on the very day that Stern was
found.
Taking Of testimony will begin at noon
to-day.