Evening journal., 1908-01-13
COLORED MAN ON
TRIAL FOR LIFE
Fred UnderhiIl Pleads Not
Guilty to First Degree
Murder Charge
CALL FIFTY JURORS
BEFORE II ARE CHOSEN

Frederick Underhill. the colored man
who murdered Hester Nelson, at New
ark, on Sunday, November 10, after he
had fired five bullets into the body OF
Rachel Nelson. his common law wife.
from which injuries tho woman re-
covered, strange to say, was placed on
trial for his life in Oyer and Terminer
Court this morning. 1t is the first
murder trial that has occupied the az
Ssntion of teh court since the February
term. 1907
Underhill, who is a middle aged
negro, is represented by l.. Irving
Handy and Wilbur L. Adams. Attorney
General Richards and ST deputy, Daniel
o. Hastings, are prosecuting the case.
Underhill was brought into court by
Chief Warden Crawford and Robert
w. Chambers, a workhouse guard, as
tipstaffs of the court, and Immediately
the case was called.
Underhill, through his counsel, enter
ed plea Of not guilty to the long in
dictment charging him with the first
degree murder of the woman. and
elected to be tried for the offense "by
God and my country"
Mary God send you a safe deliver
ance," was Clerk Quigley's expressed
hope as provided by law.
Drawing the Jury.
1t required two hours to draw the
jury, which will determine the fate Of
the prisoner Fifty names were call
ed before twelve men true and tried
were selected. They are; George
II. Rennie, foreman; Jacob Rupp
Samuel b. Bender, Alfred p. Steven
son, David s. Ridings. Frank L. David
son, George c. Rothwell John T.
Pierce. S. Frank Ewart, William K. l.
Patton, David Curlett and Benjamin
Boggs. As each juror was called Mr.
Handy inquired if he had formed and
expressed an opinion concerning the
guilt or innocence Of the prisoner al
the bar"
Following a negative answer to the
question, Attorney General Richards
inquired of each juror if che had con-
scientious scruples against finding q
verdict of guilty in a case where the
punishment is death IL the evidence
should warrant you in finding such a
verdict" 1t was this question thai
caused the rejection Of eleven men, as
follows: George E. Roads, Walter In
gram, Frank Sheppard. Michael e
Cannon, Enos c. Hopes. James Will
liams, George B. Moore. George G
Byron, Charles E. Taylor, Louis Top
lds and James O'Toole.
The State exercised its right oi
challenge against eight of the juror:
drawn. They. were: Charles Turner
Lewis Leshem, George Wilson, William
Cox, Walter II. Hartlove, Henry
Braunstein. Frederick Riley Georg,
Allen Smith.
Mr.. Handy challenged thirteen Of th'
Jurors drawn. They We're: William ]
Hunter, Robert Mccullough, Joseph L
Handy, oliver L. Buckmaster, Benja.
min f. David. Thomas Appleby, Harrl
/. Dayett. Robert Orr George II
Huber, Bernard Dougherty, Peter Nc
Closkey, Charles A. Bryan and Lewis
H. Lyman.
Because they had formed an opinion
! Of the guilt or innocence of the pris
oner Robert Vincent, Charles I. Par
rott, Thomas l.. Lilly, James Crossal
and William Cunningham were ex
cused.
Outlininq the Cases
Attorney General Richards outlined tn
states case before the jury. In doini
so he carefully defined the different de
grees Of murder. laying particular stres
on first degree murder which charge h
said the State would press against tn
prisoner. Referring to Underhill's crim
Mr.. Richards said the state would prov
that UnderTlnl killed his victim at New
ark on Sunday. November 10 after Rache
Nelson, sister OF the dead woman, h8l
ceased to live with Underhill as his com
monlaw-wife. That morning Underhi
went to the home Of Eestar Nelson an
had Rachel come to his home and pre-
pare his breakfast They went. A quarr'
followed, whereupon the women returne
to the home Of a third sister, Ella Nelson
TO whose house Underhill went later an
committed the murder after he had fire
five bullets into the body Of Rachel Mel
son.
Mr.. Richards said he would prove tina
lunderhill remarked after committing tn
crime That's what it is to have I
nerve"
Mr.. Handy. for the prisoner, will con
tend that Underhills crime was man
slaughter. The examination Of witnesses
will begin this afternoon.
Read THE EVENING JOURNAL.
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