Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-02
Proceedings Today in Social
ed Land Fraud Cases.
EXAMINATION OF TAtESMEN
Court Overrules Plea in Bar Made
for John A. Benson.
SPECIAL JURY PANEL ORDERED
Benson Notes an Appeal to Courts
Action on Demurrer-Resump
ton Tomorrow Morning.

Little progress was made in the second
day Of the trial of the so-cailed land
fraud cases before Justice Stafford to-
isy beyond the examination of the
tWenty-six talesmen of the regular panel
The oyerIrIling Of plea I'm bar on
behalf Of the defendant. John \. Ben
son. and>his arraisnment and plea Of not
rqlilty placed him beside his codefend-
ants. Hyde Dfmond and Schneider. be-
fore the court. The last obstacle TO the
opening Of the Trial was removed when
counsel for Dimond withdrew an intended
plea for A severance. Proceedings Tor
the day ended soon after the noon re-
cess when the regular panel OF jurors was
exhausted. and Justice Stafford ordered
the drawing Of special panel
Decision Sustaining Demurrer.
At opening of court this morning JUS
ttce Stafford announced his decision sus-
tanning the demurrer OF tn" United states
attorney TO the plea in bar interposed yes
terday by counsel 'or the defendant. Ben
son. and holding the plea insufficient. The
court said thar the Ultimate question be-
fore the commissioner and Judge Lacombe
In New York on hahaas corpus was the
renewal OF defendant. Benson. TO this
eide, he said the guilt or innocence OF the
defendant as TO the charge. which could
only be decided by the courts having ]u-
risdiction OF the cause. those being the
courts Of the District Of Columbia
An exception was noted by Benson and
he was arraigned and pleaded not guilty.
Counsel for defendant Dimond announced
that his motion for severance would be
withdrawn.
Nj. Baker then made brief statement
i,,rn
nation OF talesmen for positions on tine
jury proceeded. Up to the noon recess
twenty-one ta.esn1en had been examined
eish. were excused by consent on the plea
that they had already served two months
and further detention of three months
rom their duties would cause them 10
suffer financial loss. The ninth man was
excused on a peremtoiE cna1lense py the
government The twelve left in the box
a.e suuiect to the remaining challenges
nine FOR the government and ten Tor the
defense.
The examination was resumed after
recess and the panel having been ex-
hausted Clerk Hawken was directed TO
call additional talesmen.
Court Holds Selected Jurymen.
At2 o'clock Justice Stafford directed the
s,ifhmonif1g Of 10 additional talesmen to
complete the jury. the panel having been
exhausted. Nineteen challenges remain
The eleven men left in the box, William
n. Fakan, David A. Wetzel George n.
Heebe. william E. Wilkins. Napoleon B.
Malone, A Alvey Quade. John W. Scrog-
gins Frank ". Ross. William Hanneman.
william L. Alsop and Dennis E. Connell
were locked up for the night.
The court announced to the prospective
Jurors that while no one OF them may
have 4 place on the Jury - finally con-
atttuted, he would order their detention
until tomorrow. 1t will be decided later
whether or not the jury should be kept
together throughout the trial. which Is
expected to last three months.
Tho line Of inquiry pursued At the ex-
Animation Of the talesmen and the ex-
~using Of every taiesman who thought
his business would suffer. from his en-
forced absence would indicate that the
decision to keep the jury together may
be made
TIE locking up OF a jury is purely dis
cretitEary with the court, and no formal
motion for such proceeding has been nor
needs TO be made. Justice Stafford still
has the matter under consideration.
should this course be adopted it is said
IL will be the irst time in the history Of
The local courts tina. jury has been de-
tanned in a case which was not capital.