Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-26
ELEVEN MEN IN BOX
Philip Trial Adjourns Without
Selection of Jury.
THIRTY TALESMEN CALLED
Conscientious Scruples Indicated
Against Capital Punishment.
COUNSEL CONSULT DEFENDANT
Peremptory Challenges Freely Used.
Standing Room at Premium in
Courtroom.
THIRTY TALESMEN CALLED
COUNSEL CONSULT DEFENDANT


challenges yet remaining to each side to-
days proceedings in the trial Of CASTOR
Philip. the young New York and Wash
ington society man. before Justice Bar
nard in Criminal Court No. on charge
of numbering Frank Macaboy. cab driv-
er. in the Arlington Hotel about year
ago were practically without result
Fifty additional talesmen had been sum-
moned by Marshal Aulick Palmer at Jus
tice Parnards order. The entire list was
exhausted without securing the jury
which will determine Philips tate.
The eleven men seated as probable men,
bers of the jury. each of whom, however,
is still subject to challenge. were:
Thomas J, Ryan. ironworker of 102 p
street northwest.
| Henry J. Weigel. jeweler 30 Quincy
street
George w Mason. colored. undertaken.
| 5O3 Nichols avenue, AnacOstia.
James d. Finch. painter. 14OS North
| Capitol street
George c. Wright. clerk. 532 10th street
southeast
Edward T. Walter. painter. 4s7 H street
| Robert G. Callen, electrician. 1923 De-
! Sales street.
Michael H. Robinson. colored, AZ D
street southeast.
John II. Cook, electrician. 524 Sth
street northeast.
George Gardner, grocer, 14th and P
streets.
William B. Denham. l74S sth street
northwest.
Objection to Capital Punishment.
| The great ma jority of the men examined
declared in no uncertain terms they were
the possessors Of conscientious scruples
against capital punishment" In fact. the
proportion excused from service on the
jury on this account alone was so great
that it might well lead to the belief that
the submission of the question of capital
punishment to a referendum vote in the
District of Columbia would result in Its
abolition.
In trial under indictment for murder
in the first degree the defense and the
government have twenty peremptory chal-
lenges each.
Including two challenges exercised by
Assistant United States Attorneys Tur-
ner and Mcnamara and one by Attorneys
Henry f. Davis and A. A. Hoehling for
Philip yesterday. twenty-five CHALLENGES
had been exhausted when Justice Bar
nard ordered an adjournment OF the court
at 12:4O o'clock this afternoon until to-
morrow morning at 10 o'clock.
All the special panel of fifty men had
passed through the required series OF
questions calculated to establish their
qualifica lions for jury duty In adjourn
ing court. Justice Barnard ordered that
another special pHneI Oh AoiSSN'a
be summoned tomorrow.
Philip and Counsel Consult.
Throughout the court session Mr..
phi,;n. who sat between his attorneys and
well to the front of the counsel table.
took lively interest in the examination
Of talesmen. He frequently suggested
pert,nent questions which should be asked
Of the men who may be called upon to
determine his guilt or innocence or the
charge of killing Macaboy.
At other times. when the attorneys
would hold informal consultations re-
garding the advisability of challenging
one or more men already seated in the
box Philip would take part in the dis
cussions Not infreHuently he had the
last word in reference to the exercise OF
the peremptory challenge.
In the examination of each prospec-
tive juror, the question OF his attitude
toward verdict of murder In the first
degree was the most important point
discussed. AS this query was repeated
over and over again. MIR. Philip gave
not the slightest indication that he was
affected by the seriousness of the situa-
ton incident to the fact that the "capi
tai punishment" so often mentioned
referred to his own possible fate in case
of an adverse verdict by the jury.
Courtroom Crowded.
Standing room was at a premium
when the second day OF the Philip trial
l-opened. Throughout the rather tedious
examination of talesmen every seat in
the room was occupied. There was an
ever-changing crowd congregated about
each of the entrances to the court.
One result Of the free use of the per-
emptory challenges has been to reduce the
number of members of the regular panel
still seated in the jury box to four. Twice
today, the exhaustion of the special
panel seemed imminent. the attorneys for
the government demonstrated their an
xiety to proceed without further delay by
announcing themselves satisfied with the
jury as constituted.
0n each OCCASION. however. the defense
came forward with challenge This
course was continued until there were
only eleven men seated In the box and
no names left to call Then necessarily.
came the order for an adjournment until
tomorrow.
Altogether the government has used ten
of it's twenty peremptcry challenges and
the defense twelve.
Before leaving the court the jurors
tentatively accepted were warned not to
talk to any one about the case. nor to
permit any one to talk to them about H.