The Washington herald., 1912-01-23
JURY COMPLETED
TO TRY NJ DONALD
Case Against Alleged Wife
Murderer Will Be Opened
This Morning.
TWO PANELS NECESSARY
Justice Barnard Rules jury Can
Qualify Its Verdict by Adding
without Capital Punishment"

After exhausting the regular panel Of
twenty-six talesmen who were examined
last Thursday to serve on the jury
which is to try Edward ]. Macdonald.
on trial before Justice Barnard, IN the
Criminal Court, in connection with the
killing of his wife, Gertrude Macdonald.
in the Colorado Building last May, and
not finding the necessary number Of
available jurors among them, an addi-
tional 100 talesmen were summoned to ap-
pear in court yesterday morning to be
examined for jury service
The government, represented by Dis
trict Attorney Wilson and Assistants
Proctor and Hawken, and the defendants
attorneys, ID. w. Baker, J. A. OShea,
and Montague g. Morlarity, examined ali
but twelve Of the one hundred new tales
men, and Il was nearly o'clock when
finally the following jury was completed,
which will sit In the case:
Walter ]. Taylor, 1913 Twelfth street.
barber; William A Cassidy, 20l2 NJ street,
carpenter; Paul ID. Frost, 434 Manor place,
bookkeeper: Harry Houser, Grant road,
dairyman; James ". Martin, 7aO Mary
land avenue northeast, bricklayeT; John
H. Keenan,, jr.. l4s u street northwest.
retired; William Carney, 21s Fifth street
northwest. horseshoer; James f. Wheat
ley, 65 Myrtle street northeast, grocer
Samuel Lowenthal. 40 East Capitol
street; Charles n. Bennett, -iZl Thirteenth
street northwest. insurance agent, and
Charles @. Beckert, SlO Dumbarton ave-
nue. northwest, grocer.
Prisoner Is Calm.
Many of those examined for Jury serv-
ice, answering to questions asked by
counsel for the government and defense,
said they were opposed to capital pun
ishment, and that no evidence, no mat
ter how convincing. could change their
views. They were excused from service.
There were others who had decided opin-
ions Is TO the guilt or innocence OF the
defendant, and they were also permitted
TO withdraw. A number of the men sum-
moned were above the age limit, which
exempted them from serving, as well as
others who are in the employment or the
government
Macdonald. who occupied a seat in the
rear Of his counsel, closely scanned the
face Of each new talesman as he appear
ed before the clerk who administered the
oath. Now and then Macdonald whis-
pered to his attorneys. referring to the
men who were questioned as to their
eligibility for jury service. He was calm
and a slight smile seemed to play over
| his impeTturbed but pale countenance.
He was apparently the least interested
person in the court room which will hear
to-day The story OF his own life, his mys-
terlous past, and the reasons for the
deed which placed him in his present
position, compelling him to defend his
own life
MnlHef Important Ruling.
Justice Barnard made a ruling which is
OF the greatest Importance to the defend
ant, in that he held that the jury TO be
sworn has the right under the law tc
qualify its verdict by adding the words
Without capital punishment" The court
held that the provision OF the code
providing the death penalty as the only
punishment for first degree murder is
code, and that death or life imprison-
ment, at the option OF the jury, is the
penalty in the District for a premeditated
murder.
After the court announced this ruling
Attorney Baker asked the jurors already
examined IL they had any bias or preJu,
dice against life Imprisonment as a pun
ishment for murder in the first degree
The response was that they would ap'
proach with unbiased mind the considera,
tion OF the punishment II they should finC
| the defendant guilty.
The opening statement will be made by
| the government this morning, TO be fol
lowed by that Of the defense.