The evening world., 1908-12-14


alert. entered with hustle, Pursuan
10 the plan OF hurrying the trial Al
speedily as possible, the clerk. without
moments delay. called the case.
People ready" said Prosecutor
Darrin.
Defense ready" said John f Nc
lntyre.
The trial which is expected to reveal
such flood OF scandal in army post
life was formally begun. There were
no spectators at large present-only per-
sons connected with this case. Nor. sc
far as could be learned, had single
woman of Flushing sought admission
an example to sundry thousands of their
sisters in Manhattan. The only two
women in sight were newspaper writer's.
David c. lIersch, a young lawyer,
stood UP to make the formal motion for
the defendant. First he moved the dis
mssal of the indictment on the ground
that certain technica- errors had oc-
Cured, one being that a personal friend
OF Anns was member OF the Grand
Jury which indicted this Hams and the
other one
THE foreman OF the jury" said MI
Hersch. stated on divers occasions that
the Hams brothers were guilty of IA
brutal murder and should be hanged.
This motion was overruled, as a mat
ter of course.
LAWYER Young stated that both sides
had agreed that the first panel, drawn
Nov. 20. had been improperly summoned.
and that its members should he dis
charged from service in this case. Jus
tice Crane said he would. howeVer hold
panel of $50 should be exhausted before
twelve acceptable jurors had been
chosen.
White Dismissed From Case
The first name out OF the wheel was
that OF Walter : Young. n salesman,
Of No, y East Grand avenue, Corona.
before he could start Mr.. Mcintyre
touched off surprise by challenging
the right OF Mr.. White to serve. be-
pointed, as a special prosecutor and
because White had been brought from
Kings County
He quoted the law to show that an
application should have been made 10
the County Judge or to a Supreme
Court Justice for the appointment of
White to aid in the conduct of the
States case. Swept off his feet by this
District Attorney Darrn houndered
badly. He admitted. with some show
Of confusion. that he was not familiar
with the statutes, which his opponent
has just quoted SO briskly. II that was
the law, he didn't snow ii.
In view Of your admission. l will give
you a chance to look up the statutes"
said tho Justice and in the mean time |
will relieve MIR White from any further
duty in this proceedings.
Mr.. White. who is a plump, portly
man. sat down with an audible thump.
and Mi. Darrin, looking slightly daZed
under the honors so suddenly thrust
upon him. undertook to examine sales
man Young himself.
The talesman. replying to Mr.. Darrn,
said ne had no prejudice against the
testimony of policemen. Justice Crane
checked Mr.. Darrn in the midst of one
complicated question to say that no
man could make an Ineligible answer
TO II and that he did not propose to
waste any time ON such tedious, useless
interrogations
Caravans Name Mentioned.
Thereupon Mr.. Darrin announced that
he Was satisfied for the time being with
H NJ; Young and turned him over to the
iioninS for Hains's side. Unlike Mr.,
lxity. Mr.. Young several times left his
questions in such an unfinished state
that lis Honor had to piece them out
Will bits of the prescribed legal phrase
YOUNG il he knew DR.. Austin Flint or
Mrs. Louise Heunehein. Of Elmhurst,
the mother of Annis's wife, or Assistant
strict-Attorney Frank p, Caravan, OF
New York, whose name had never been
connected with the case. This mention
OF Caravan started report that he
would later appear as a special prose-
cutor along the line Of insanity
Would you he preiudced against this
prisoner because AT the time Of the kill
ing he carried a revolver" asked
Young.
Il would, unless he had a permit and
was regularly b the habit OF carving
one, answered the talesman.
Mr. Young also admitted that for BUSH
ness reasons he would object TO serving
for eight or ten days in n locked-up jury
mt this season OF the year, with Christ
mas AT hand. Nevertheless, he passed
satisfactorily.
Mr.. Darrin accepted him then. But
otter the lawyers for the defense had
whispered with their client, and after
Hams had shaken his wel-thatched
head vigorously in dissent, Lawyer
oYung announced that they would chal-
lenge Mr.. Young peremptorily.
The NEXT man up, Hugo Klataigo, of
No. 400 Ninth avenue, Astoria. sales
man, confessed TO "A fixed opinion re-
gardirg Hainss guilt or innocence, and
was excused for cause, after he had
spent minute orN,two on the witness
chair.
Herman Lunnig. n tailor. at No 25l
Central avenue. Far Rockaway, got
tangled up. trying 20 tell MIR Darrin
that he had no prejudice against he
death penalty. IN "a dozen sharp IN
csiye words the alert Justice on the
bench Strengthened out the muddle.
Evidently here was one trial Judge
who had small patience with the purel"
ornamental flowers and fruit OF lesal
verbgge in which SO many criminal
lawyers delight Nj, Darriu had got all
through with the slightly excited MIR.
LunnlR before he remembered thai he
had entirely forgotten the question that
usually comes first, ana the most i'm
portant Of all-whether Lunnig knew
Thornton Isins Having hastily cor
rected this error in a whispered sug-
gestion from the temporarily muzzled
MIR White, the observation-disclosures turned
the tailor over 10 the defense.
Although plainly suffering from stage
fright MI Lunnig got through all right.
But Mr., Darrin challenged peremptorily
on behalf Of the people
TaIesmen Beg OFF.
James Gordon. of No 81 sherman
street. Long Island City. wanted to be
excused because he was an officer Of
election last month, The juice thought
n u farce that this should give man
excuse tyr serving ~ jury, Out Cor
don stood OH his rights nnd they had 10
let MIN go.
Charlie j. BorschnasoL carpenter, Of
No Martin avenue, Glendale. confessed
q prejudice against capital punishment.
Thereu9nn Justice crane sent him down
stairs 10 serve In equity cases for a
couple 81 weeks, and detailed a police
man % accompany him and see that no