The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-08

and forth between his counsel and Jus
tice Goff. Mr.. McIntyre's associate, Mr..
Whiteside. offered motions to dismiss the
indictment. Rather prolix in argument
his remarks were cut short by the JUS
tice, who pressed him for plain recital
of the grounds submitted. These were
had been violated by requiring his coun-
sci John W. Hart to testify before the
Grand Jury. The Justice overruled this
motion and another which was a chal-
lenge of the panel
No further efforts to block the trial
were made and the main business of the
day. getting a jury. began with the ex-
animation OF Talesman Philip Herrlich,
a real estate broker of 15s Fast Ninety
first street. just previously all the men
under indictment save Becker were taken
back to the Tombs. Becker sat through
out at the counsel table and directly
facing the Judges dais.
Was Tenderloi, Policeman,
Itturned out that Herrlich was police
man in the Tenderloin twenty years ago.
under Lieut.. Schmittberger and Capts
Mclaughlin and Aleck Williams. The
questions asked him were adhered to in
the main in the examination of succeed
ing talesmen.
These questions were as to whether
or not he was acquainted with any of the
lawyers in the Rosenthal case. any of
the District Attorneys staff. any police
men. including Becker. any of the Grand
Jurors that indicted Becker or any of
the men under indictment The ex-
policeman was about the only talesman
who said he had formed no opinion as
to Beckers. guilt or innocence He said
he was willing, to accept from the Justice
instructions that conviction for murder
cannot he had. on the testimony of ac-
After Mr.. Mcintyre had ascertained
that Herrlich was married and had two
children. he declined to challenge. The
District Attorney challenged peremptorily.
This ended the morning session.
Not Keen to Br Jurors.
In the afternoon session. beginning
at 2:3O o'clock Harvey l.. Blow, a book
keeper Of West Twenty-seventh street
and who lives at 6l5 West Thirty-sixth
street. was disqualified because he said
he had made up his mind so strongly
that evidence couldn't change il, In
common with some others. Mr. Blow did
not seem keen for service on a murder
case jury.
In addition to the usual questions.
Robert X. McEwen Of 303 East 'Thirtieth
street was asked if he knew ANYBODY
connected with the Morning TcIegru nh.
Some talesmen were asked If they knew
Bat Masterson, who under fuller name.
William Barclay Masterson. is vice
president of the company that publishes
the Teiegrdp ph.
McEwen was promptly removed by the
defences peremptory challenge. John
tliott oi 2po trahd Avenue. The Bronx,
the fourIh taiesman Questioned. said
he knew Hariord |. Marshall Jack Sulli-
van counsel. well and often took dinner
with him lie had such strong opinion
about Becker that he was promptly dis
qualified by the Justice.
Alfred fenry bernstein, a merchant of
III Mercer street. and who lives az 3575
Broadway, had talked to Sullivan and Mrs
sullivan about the case and he was eX-
cused by the Justice.
h"'"e' '"r"i" Challenged.
Tho ninth ,alesman was u.Iso,. C,or,;,
once celebrated as n Broadway snendnr
and the husband for hr;ef ,;,n. ~
Corwin works now in n MOVING ,;c,m;o
show at Rroad,yay and Enr, in;,sS.
street lie had nm oDin;on awh;cb nS,,i'i
hardly he changed Tho D;s,rio,
torney challenged for cause ~
Tho tenth Ialesman ,nnras.ad ho.L
Sides fayorahlv from the star uo 80
Harold n Skinner n tall w.ii h,,;,t ,,o''ns,
man win n Arm law smnnth "a you,'i
regular features He had strong onimi anu
hn laid his on;nion could La cbanro,i ~, ~,
nvidcnce II had heen Gained Cr",, -, ~,
naners and magazines Mr. S,r,,,'ar
asked numerous Questions which yera
Ir,sbad aside b,, Irst;ca CIV ar VI.
vo,,ng Iawver seemed M times to ',,, ho ~ ,i'e