New-York tribune., 1909-04-21
NO HELP FROM PRISONER.

Three ,,--ors were chosen yexterday afternoon to
,lt in the box during the trial Of Captain Peter =
Hams jr. The murder of William + Annis
The nth juror the io6th taiesman examined
There remain about sixty taIesmen Of the old
panel and 80 new ones VIII be in court tomorrow
As on the rirst day Captain Hains not con-
rllIted once Yesterday regarding the choice OF a
3uror although his counsel and father and orother
had their heads together a number times IN close
consultation.
The first juror obtained Yesterday was Charles
Appel a tiusmith Of Woodhayen. aged slXty-three
years be is married and has five children. viii
lam y Denton is sixty-tufee years cid and has
seven children. The fifth juror Otto J Nicholas
Is the youngest in the box. being twenty
Eeven. He married.
CAPTAIN Hams accompanied by Under Sheriff
Phillips and Deputy Sheriff De BraGga, started
in a trolley from the jail in Long Island City
for the Supreme Court. Flushing The car be
came blocked. and a butchers wagon was requisl-
toned. Captain Hams placed on the seat aho
driven four miles 10 the court. arriving quarter
Of an hour late After the delay had been explained
70 Justice Carretson a boy the driver Of the
butchers wagon. entered court and demanded 8
for the ride
The prisoner only reused himself twice during the
dav once to say 10 his father. 4 jump through
the boop " and another time when Captain Patrick
J Tracy Of the Flushing police precinct. appeared
Captain Tracy was in full uniform and Captain
Hams started rise evidently TO salute superior
of7eer. Then Ia back INTO his seat and con
tinued to into vacancy
Justice Garre1son forecast part cf his charge when
ne said 10 a talesfnan who had doubts regarding
the responsibility ef an insane man: / VIII
charge the jury that person can be punished Tor
an act committed while the mind was in such
condition that he cid not the nature Of the
act or that it was Of a criminal nature
Of the ffty-fcur talesmen examined YESTERDAY
some at great length, a few awakened the interest
Of the persons in the courtroom John Paul OF
Richmond HiIl. said he had expressed sympathy
for l-aritain Hams when asked if he had formed
any opinion. Told not 10 express any OF hls coii-
vict0us and asked il he had conscientious scrupleS
against capital punishment. he replied: Wei
usually I have none. but I have against capital
punishment for Captain Hains.' He was permitted
go.
George : Fosdick. a Springfield farmer, told
what he would do if jury that held out and
was excused from service therefor. Would you be
Influenced bv the opinions Of other jurors?" he
was asked
..Its this way he replied "Once I was on a
1ury in = civil case. one man said he'd stay there
six months if necessary before he'd change MS
opinion"
-'welIe~ asked Nj Gregg.
Well said Fosdick I'd change my mind or
give in rather than stay there six months
S7r,eyinterdent John Bach Of the Evergreen
Cemetery did not believe he could render fair
verdict because Of business reasons
WHY not?r asked Mir. Gregg, VINO vas exan1in-
ing him.
.Pecause this Is our b2sy season. said he.
But haven't you some one 10 DO your NorK
while you away?
only a boy. and he could no more do my work
shan vour Office boy could do yours Now. II 1t
were in the fail when business is dull, 1t might
be different. perhaps.
Henry Foulke 4 butcher. Of Long Island City,
said he never read the papers and that when his
wife reads them to him he falls asleep while she
IS going through the headings.
A speedy ending Of the trial through the appoint
rnenr Of a commission inquire into The defend
ants sanity predicted by Daniel Q RelIly. OF
colr-eI for the defence, Nho said yesterday: Ihls
case will never reach the jury. and the appointment
Of a commission lCnacy determine the prls-
oners sanity i, in my opinion, inevitable