Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-11-22
MRS. PATTERSON To
Be TRIED BEFORE
YOUNG ] j Ry
EVERY MAN OF THE
TWELVE IS MARRIED
Both Sides Unexpectedly An
nOHce Acceptance of Those
Chosen Without Using Up
Peremptory Challenges,
IBy Morning Journal Special Leased wlre.I

among whom there is not a gray
head, Mrs. Gertrude Gibson Patterson
will be tried for the murder of her
husband, whom she shot and killed
September 21, last. while walking
with him in a suburb of Denver, near
a tuberculosis sanitarium in which he
was a patient.
Acceptance of the jury which came
suddenly at the close of today's pro-
ceedings when those in the court
room had given up hope of seeing a
jury selected before tomorrow, was a
decided surprise.
Neither side had used up its per-
emptory challenges. and Attorney Q.
n. Hilton, 1t appeared to the spectato
ors was preparing to excuse a tales
man when the court suggested ad-
journment for the day.
The jury is satisfactory to the
state,' declared Special Prosecutor
Horace G. Benson at this point.
THE defense is satisfied with the
jury" asserted Attorney Hilton and
Immediately the jury was sworn as
follows
CHARLES X. BoSWORTH, real
estate dealer.
f. S. PERRY, assistant cashier of a
banking company.
WILLIAM H. GARDNER. real es-
tate dealer.
JOHN T. DOYLE, merchant
JOHN G. DIMLER, hotel clerk.
JOHN L. BRCBAKER, agent for a
packing company.
STAFFORD L. BECKETT, grocer.
FRANCIS j. CRANE, mining en-
gineer.
HARVEY w. BIRD, fruit broker.
NJ. c. KINKEL, proprietor of a
sheet metal works.
CHARLES q. oFpRNI.ANDER,
grocer.
JAMES J. FLINT, mechanical en-
gineer.
Bosworth, the youngest juror, is 81
years old. Others range from 35 up
with the oldest juror well below so.
Every man on the jury is married.
most of them have children. Not one
of the jurors has ever before seen SER
vice in a criminal case. Every man
on the jury has stated under oath that
he is willing t6 treat the case exactly
as if man We're on trial and to inn
pose the death penalty If the evil
dence appears to him to warrant that
verdict.
The acceptance of this jury came
more or less as a surprise. AS each
side exercised its peremptory chal-
lenges during the DAY the twelve
talesmen who sat i'm the box at the
opening of court this morning one by
one were excused until not one OF
them was left. Practically all of the
talesmen who qualified yesterday
mere men Of SO years or more. As
their places were filled ii was almost
as If 4 younger generation were TAX
ing their places.
An almost unbroken round of ex-
amining talesmen filled out the day. In
the morning Attorney Hilton sought to
reopen the question OF whether
talesman was disqualified by opposi-
ton to the death penalty, arguing
that the laws in this state which
leave to the jury the option of I'M
posing sentence OF death or Of life inn
'prsonment in cases of first degree
murder, also leave that option to a
talesmen. Both the defense and pros
ecution cited authorities and Judge
George w. Allen re-affirmed his rul-
ing OF yesterday, holding that an
opinion was ground for challenge Ior
cause.
More opposition to inflicting the
death penalty upon a woman develop
ed today than yesterday. Talesmaf
Albert Eels disgreed with Prosecutor
Benson on the latter's contention that
the law should be enforced equally on
men and women.
Men make the laws" sid Eels.
women don't. | think women are
entitled to more consideration than
men when they face punishment Tor
alleged violation of the law"
lie was llnhlly CnallenStu lVl Na"'N
when he declared that under no CIR
cumstances would he impose the
death penalty on woman
william E. Gibson, another tales
man challenged Tor cause, declared
himself willing to impose the death
penalty on woman lin some cases
Then his eyes wandered to the pretty,
girlish defendant, just in time to meet
her gaze, "but not in this case" he
added.
Mrs. Patterson today let her inter
est in the proceedings become more
apparent As the afternoon wore
away and the peremptory challenges
of her attorney dwindled she scanned
each talesman closely and several
times held whispered conferences
with her counsel. She still maintains
a tranquil and demure demeanor and
beyond a slight paleness shows little
effect of the strain.
-
ADOPTS Commission Form.
Okmulgee Okla. Nov. 2l.--Okmul-