Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-27
AS TO CAPITAL PUNISHMENT
Many Of the Talesmen Say They 0p.
pose Hanging.
USE PEREMPT0RY CHALLENGES
Both Prosecution and Defense Ex.
cuse Men From the Box-Names
Of Witnesses.

Phlllp. indicted for murder in the first de.
gree IN connection with the shooting and
death OF Frank Macaboy a cab driver. In
the Arlington Hotel a year ago. Thirty
additional talesmen had been summoned
TO court for the purpose Of completing the
jury, and only one seat remained to be
filled. but from the whole thirty only one
new juror was secured. while another per-
en1ptory challenge by the defense caused
another seat to be vacant
This final challenge was exercised to ex-
cuse Samuel J. Venable. local art dealer.
from service, he having testified to the
possession OF an opinion previously formed
and which could not be shaken except by
strong evidence Justice Barnard. in or
dering recess from IL 80 o'clock until /
0 clock. issued instructions to Marshal
r almer to draw another venire Of twenty
i.e men ana have them in court at the
!dtter nour. With these twenty-five the
total number OF talesmen summoned for
possible jury duty in determining Philips
quit or innocence Is brought up to I3O.
Inc attorneys for both sides were deter.
mineo to finish the task OF selecting the
ana thus obvtate further delay.
Interest in the Case.
AS 1t was both previous days Of the
nearing. SO again today Justice Barnard
court was crowded at the beginning Of
the third day OF the Philip case and even
the heat and the manifest discomfort Of
standing and sitting close together had
little effect in diminishing the anxiety Of
several hundred persons to catch
glimpse OF the scion OF prominent and
wealthy family who 10 on trial for his life
The first few talesn1en examined today
had comparatively easy time in escap-
ing jury service, and the mere mention OF
conscientious scruples against capital
punishment or OF an opinion as to the
guilt or innocence OF the accused" were,
singly or collectively. enough to secure
disqualification, but as 1t became more
and more apparent that the second spe-
cial panel would be exhausted without
completing the jury the examinations be-
came increasingly rigorous. Justice Bar
r1ard himself took a hand in questioning
the unwilling talesrf1en about the origin
OF their opinions or OF the grounds upon
which their conscientious scruples were
based. Archie w. Jet. clerk for the
Washington Railway and Electric Com
pany. and William L. Ashdown, a litho-
gfapher Of 500 @ street were particularly
closely questioned. Jett declared he had
conscientious scruples against capital pun
ishment.
Court Asks Question.
do you assume TO set your personal
opinion against the judgment OF Congress
which passed the law establishing capital
punishment In the District Of Columbia q
the court asked.
case in which the penalty to be imposed
might be DEATH" Jet persisted
We'll. you don't thinn the best way to
secure the repeal of an Objectionable stat
ute would be its rigid enforcement SO
every one.
But Jett returned practically the same
answer.
And would this be your attitude II you
were chosen in such case as that Of
Iowa murder farm"
The talesman maintained that IL would
and he was excused. Ashdown was fust
as severely questioned concerning an
opinion which he had formed In the case.
but he, too. was finally excused.
Defendant Is Calm.
At one time, when only two talesmen
remained OF the panel OF thirty, il
seemed almost certain that the Jury would
be completed.
Attorney Davis, for the defense an.
nounced that Philip was content to sub.
NIT his case to twelve men who at
that moment occupied the box. but the
government used another Of its peremp.
tory challenges. and the vacancy thus ere.
ated remained until the panel was ex.
hausted.
Throughout the days proceedings philip
appeared but slightly affected by the
be tried. Frequently he smiled. and with
his brothers. Capt. Van Ness Philip and
Hoffman Philip. who will remain with
him throughout the trial, he took an
active part in the final decisions concern
ing the advisabilty Of keeping on the jury
the various men who passed in review as
talesn1en.
When the midday recess was ordered
the government still had the right OF
seven peremptory challenges and the de-
unlikely that more than one additional
peremptory challenge would be exercised
by either side.
Claim Lack of Malice.
In Q general way. It Is understood. the
efforts Of the defense will be concen-
trated in proving that Macaboy made a
practice Of practically prosecuting Philip
every time he found the latter In any de-
gree under the influence Of liquor: that
Philip. though given to occasional con-
VITALITY. never voluntarily associated
with persons of questionable reputation
and that there was no feeling or malice
or prejudice felt by Philip for Macaboy.
To establish these contentious Attor-
neys Davis and Hoehling have summoned
nearly two score witnesses. among them
being the following:
s. r. Cook. 1851 Carroll street. Balti-
more; T. B. Amiss. 1922 9th street north
west William H. Long and Thomas E.
Miller, So1 18th street northwest: Charles
McElroy 1913 D street southeast: Charles
G. Bryan, 1929 Kngman place northwest;
g. E. Smith. III Halifax street. Peters
burg. Va; John E. Minetree. ITO P
street northwest; Charles Thompson. 1923
LIST street northwest: William Busch,
l4th and D streets northwest: G. Frank
Mailman, 1913 New York avenue north.
west: Detective O'Brien; Warnie c. San.
ford, Norfolk, Va: Harvey p. Coleman,
6oa Morton street; Edward Cpdyke. 10
" street northwest; Charles W. Chap.
man. 1921 9th street northwest; Richard
w. Morgan. 1918 32d street: Albert T.
Newman. 1918 3od street: Davis Smith,
HaiRht's Hotel. George W. Taylor. 1904
street northwest: John F. Crown: VIII.
liam A. Carroll, 1856 c street southwest:
John w Tippett. 3l3 c street southeast;
Joseph Peyton: George ". Quinn, Nor
ris House: George Sly and Q. 7. Nippon,
Arlington Hotel James r Riley. 14lO E
street northwest: William A. Grissett.
llOS 9Th street northwest: Paul J. Pelz.
corcoran building: John .: Tracy. 1908
10th street northwest: Walter O'Day.
Sumner court: William II. Carter. Ra-
leigh Hotel: r. F. Poore. 1850 Sd street:
Charles H. Simpson. 1915 NJ street north
west, and Thomas B.. LIE Cuyer. Columbia
Hotel