The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-28
CORDIALLY
TRIAL NOW
PROCEEDS
Continued from FIRST Pagc.)

against CORDIALLY himself of an at
tempt to suborn.'' and 1t was this
charge that led him to spend a night
in the county jail recently, where he
vas dragged handcuffed to that place
sof confinement.
The bribery charges against the de-
tective sergeant. whose trial will prob
ably follow upon the heels of the trial
of the nonfeasance Indictment, are
made by Charles Duncan. Louis Vein
raub, Herman Weinraub, Herman
Wagner and Louis Book, each of whom
declare that they paid sums of protec-
ton money, ranging from SIS to SIS, to
"hush up their Illegal business.
AS soon as court had been opened Mr..
Kalisch declared that he objected to the
panel OF jurors drawn and challenged 1t
as Illegal because six of the jurors were
not only not residents of the county, but
not even residents of the State. For that
reason, he held that the whole panel was
not as the law requires and hence not
qualified.
Mr.. Kalisch said that he was ready to
prove what he said, and Prosecutor Young
produced the Sherin's return, explaining
that six Of the men named were not served
because the men could not be found. 1t
was a question, he added, whether that
ulsluulllieu the Nllblt pduel.
Sheriff Drank II. Sommer was called
and shown the summons. He swore that
the returns were truly made and that
when the six men were not found 1t was
so Endorsed on the proper paper, and in
the proper form. The report on one of
them. whose residence Is In Union Coun-
ty. was made by Constable Overmiller,
who is IN Trenton today.
The upshot OF the whole matter was that
81 800 - -AA1
and ordered that the jury be drawn. To
this Mr.. Kalisch made formal objection.
BY this time it was nearly noon and The
drawing began with specific instructions
to Under-shcriff Cyrus Benedict TO shake
The jury box vigorously, so that the slips
with names would be mixed thoroughly.
The first man drawn. Hampden l.. john
stone, had been excused previously by con-
sent and was allowed to depart. August
Henrickson was excused because his wife
is sick, and William il. Van Blake, a
negro, was excused by the defendant,
Charles w. Hunter, OF Caldwell, was
accepted MS foreman. William II. Schiffen-
linus took seat No. . and Edward II.
Brcthington was excused by the defense.
Walter 7. johnson was likewise excused
by the same party because he was sus-
pected by 1t of having been a member of
the Grand Jury which was busy vita the
police indictments In Anril. 1905.
Herbert p. Gleason admitted "prejudice'
because of what he had learned in connec-
ton with the work of charitable organiza-
tions. He was excused.
Henry j.. Fucker took his scat rs No. 3,
while Paltiel r. Bomeisler sat next TO him.
Charles G. Champenois, well-known manu-
featuring jewelcr. owned up that he had
expressed an opinion on the case.
Didn't you say that CORDIALLY ought to
be hung?" demanded Mr.. Kaliseh.
~ did not" he replied.
Did you express an opinion against Mr.
Corbally9'
81 think ! have,' was the admission.
Mr.. Champenois said that the evidence
would have TO be pretty strong to convince
him that Cordially was not guilty.
He was taken in hand by the court aud
was excused.
The court remarked in this connection
that he would excuse anybody that would
90 by newspaper reports and street talk
rather than legal evidence"
George Peterson was also excused, the
defense objecting to him, and William Nc
Cullom met a like fate,
Abram Rothschild was allowed 10 sit in
No. . and after several others were ex-
cused by the State, William {. Dodd COM
pleted the first half of the box.
George A. Martin began the second half-
dozen, followed in the call by Emil F..
schumacher, who was excused by tho
state.
Then came Samuel Clark, who was on a
recent Grand Jury and admitted that his
opinions were quite decided but he WAS
not prejudiced against. the defendant, he
said.
As Mr.. Kalisch did not like 10 accept an
sWers made by prospective Jurors unless
they are under oath. he asked the court
TO swear the witness. This was done, but
not without u few hot words in which the
court and Mr.. Kaliseh figured.
This" remarked the court, will give
you an opportunity to fish into the juror"
'Tha is a very unfair remark for the
court to make exclaimed MI. Kalisch,
My object is not to fish into Il Juror
MIR. Clark, however, was vigorously
''nshcd' froua both sides Of the case and
the net result was that he got hooked"
by the court. taking seat No. Z. The
court complimerted Mr.. Clark. saying
that he wished a few more men could be
gotten like him.
The next to be seated was a negro,
Isaac T. Fisher.
William T.. Mulford followed him in the
box, Walter G.. Heath and Halsey M.
Larter completed the list of the twelve
good mon aud true" after the latter had
been asked whether or not he was on the
Grand Jury that considered the police
indictments in 1906. He said he was not.
Three challenges were credited to the
| State, while the defense exhausted its
lot Of twice that number.
Shortly after the noon recess at 2
O'Clock Prosecutor Young told the jury
about the Indictment, saying that there
were two counts in it, namely that Cor
hally in 1908 and until january ], 1907,
continuously" was a public officer, and
as sucl. was charged with the duty of
using all means in his power Ito preserve
the public head and suppress disordcrly
and gaming houses and was invested
with the proper power to suppress them,
but had failed to do so. There were TWEEN
ty-nve. he added, that CORDIALLY had failed
TO suppress.
The second count charged malfeasance in
that he had been designated by the Police
Board and chief of police to make a faith
full and true report and failed to make the
proper investigation and did not make "a
true and faithful report of such houses,
but falsely reported that said houses were
not kept for unlawful purposes"
E Mr.. Young also told the jury that Il
court, but proceeded to say hat nonfeas-
ance was the wilfil neglect of a public
officer to perform the duty imposed upon
him by law, and went on, that there was
no question that Cordially was a public and
police officer, and as such a peace officer
AS such it was the duty Of all police Off
GERS TO maintain the peace under the law.
CORDIALLY had a right TO arrest without
warrant, Mr.. Young insisted, n falied 20
mako pnpnni9inf which wac NOT 10lV his