Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-19
ENTIRE JURY DISCHARGED
Agreement, However, Whereby Eleven
of the Panel Are Retained.
VACANCY PROMPTLY FILLED
Presentation Of Evidence as at the
Beginning-Additional Bill
Of Particulars.

oeiAi oAiotiSi uSidy OSSullCd Ill tllC
trial of Representative Binger Her
mann today, with the result that the
trial must be again prosecuted as
from the beginning. Announcement
was made as soon as Criminal Court
No. I convened this morning that
Juror H. Clyde Grimes is i'll, and
that he would be unable to sit fur
Their on the case.
According to the laws of the District ap-
plying to the trial of criminal cases, it is
impossible to proceed with only eleven
jurors in the box, and the discharge of one
juror operates discharge of the entire
jury. Following a statement to this effect,
District Attorney Baker asked the indul-
gence of the court for a short time, until
the future course Of the case could be de-
cided. Shortly after II o'clock the istrict
attorney returned to the court room, and
it was agreed with counsel for the defense
that the eleven jurors should be allowed to
remain and only the one vacancy filled. At
the request of the district attorney Justice
Stafford ordered that the marshal summon
d
same time 1t was ordered mat court re-
convene at 80 o'clock this afternoon for
the purpose of again completing the jury.
Little difficulty was experienced in filling
the vacancy in the jury box and be-
fore adjournment of the court for the day
the opening statements of the prosecution
and the defense were again made to the
jury, and the presentation of evidence COM
menced anew. This delay, however, will
MOI nave the effect of multiplying the action
of the court in its ruling regarding the
much-disputed point of filing an additional
bill of particulars, and this bill has been
filed in accordance with the decision of
Justice Stafford at yesterdays session.
At the opening of court this morning
Juror Grimes was present, but after hear
ing his statement of his illness the court
and counsel for both sides agreed that he
be excused from further duty. Mr.. Grimes
a clerk employed by John H. Magruder,
lives at 1929 N street northwest. His decla-
ration to the court was that he is suffering
from an aggravated case of la grippe
which has affected his heart.
Securing Substitute Juror.
Only talesmen of the special panel were
examined before the jury was again COM
pleted and sworn. The first of the two was
excused from service because he was more
than sixty-five years of age, and Dennis
Brown of 1929 Q street, real estate sales
man. the second man to be examined, was
accepted.
The jury as now constituted is as fol-
lows: Charles r. Shut. George E. Smith,
Walter Murphy, Frank NJ. Smith, Glenn w.
Sheriff. William e. Jones, Charles Wood
ward, John A. Burch, Edward E. Ward.
David Davis, Charles A. Richardson and
Dennis Brown, with the last named In
place of H. Clyde Grimes, who was Ax-
cused on account of illness.
Immediately after the completed jury
was sworn Assistant District Attorney
Jesse Adkins made the opening state
ment for the prosecution. detailing the
offense alleged against Binger Hermann
skd referring to the points which the