Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-14

VTdnh W. 40tDGl init. GOuI1Stl LII
MacFarland. was Immediately on his
feet and asked hat a court constable
be assigned to look after his wit
nesses and also hat he be allowed
expert medical witnesses. to be paio
for by the State. The first request
was granted and the second denied
for the present, Chief Justice Gum
mere stating that the request came
too late.
The flrst thrill of interest came
when McDermit asked the court that
witness from out of the State be
protected while present at the trial
No name was mentioned, but the
courtroom full of men crane their
heads forward with expectation.
Asked Protection for witnesses.
No name had been mentioned, but
all present knew that McDermit re-
ferred to Florence Bromley, the Phil
.adelphia girl, who wrote the Bunny
gletters."
continuing, McDermit said: Il
have one witness who was served in
Camden last week, and l expect to
produce her at this trial as a witness.
] want her protected"
The word "her" was the nearest
McDermit came to mentioning Bun
ny's'' name. mcfarland kept his
eyes steadily on the Judge as Me-
Dermit was making this request and
seemed deeply interested.
II don't think the freedom of the
witness In question will be interfered
with" said Chief Justice Gummere.
"The matter will be taken up at the
proper time and action taken If nee
essary."H
Both MacFarland and McDermit
seemed satisfied with this ruling and
MacFarland smiled at his counsel
Although the courthouse corridors
had peer we'll filed with women, in
the hope that Bunny Bromley would
appear, not a one was in the court
room when the case was called.
lust before court opened Frank M.
McDermit insisted hat Bunny"
Bromley was within easy reach If
she was wanted. He refused to say
where she was hidden, and would
not even say whether she was In
Essex county or not.
1--WE can get her If we want her"
was all Mr.. McDermit would say.
The next move of McDermit was
20 attack the drawing of the speciai
pane of jurors by Under-Sheritf
James f. Hyland and Deputy Clerk
f,eorce A. Mahr on the ground that
tt had been drawn from the general
panel on October 4, three days be-
fore the panel had been sworn in
Tor duty.
rta.f
The motion was dismissed by Chlet
Justice Gummere. who said the panel
had been regularly drawn and served
and ordered the trial to proceed.
McDermit then asked permission
to withdraw MacFarland's plea of
not guilty so as to make a motion TO
quash the Indictment. 1t was purely
q technical move and the chief JUS
tlce refused to grant the motion.
1t then became necessary to arraign
Mcfarland again. and he stood in
tently looking at Prosecutor Mott as
he read the indictment to him, When
Mott had finished MaoFarland, in a
strong, loud voice pleaded mot
guilty., and took a seat after a quick
glance around the room.
Aged Uncle Among Spectators.
AS he started to take his seat his
eye caught hat of his aged uncle,
Andrew mcfarland, of Hammonton.
N. j.. who was seated immediately
behind him, and leaning toward him
put his hand with apparent affection
on his shoulder and whispered some
thing to him.
The preliminary diminishing dis
posed Of, both sides got ready for the
drawing of the jury, and right from
fhe start it was apparent that II
would take considerable time to get
twelve men satisfactory to both sides
+ The first juror called vas Morris
Rachiin, a real estate dealer OF 10
STANLEY avenue, who was promptly
excused by Attorney McDermit for
The defense. The second mar drawn
was John Robinson. of 81 Emmett
street who was excused for cause,
when he said he was 6s years of age.
Joseph Oberle, of 80 Peshine avenue
the third man drawn, expressed a
wonderful lack of knowledge OF h
English language and was Tor
cause. f. Valentine, of "a Centrai
avenue, was challenged by the de-
tense and then came the name of
Frank j. Gaffney. of lN Lincoln
avenue.
+ Mr.. GafrucN said he was "A manu-
facturer. with an Office in New York
atty. Ii developed at once that the
fi,ror had %scruples against capital
m,nishment and would not vote to
send a man TO the electric chair.
Questions by Prosecutor Mott n
INC ia show his duty as a juror
failed to shake Gaffney from his
sand that he would not vote Tor
,ronyiction where a conviction meant
death.
chief Justice Gummere then took a
hand and asked Gaflney, DO | I'M
derstand you to say that in case the
S.ate established a case OF first de-
eree murder you would violate yonr
oath. commit perjury, rather tha'f
vote for the death penalty
l,affney stalled and SPARED for
t,1nc and finally said, MY scrupies
wouid not allow me to vote FOR
death"
aThen YOU would violate your
oath?" Numbered the chief justice.
,tYes." was the low answer of the
Juror.
Chief Justice Gummere was angry
and plainly showed it as h~eNturned
fun to Gaffney and said. You are
NOT fit TO serve on any jury, II |
order your name stricken from the
iir, list for this term. This court
h.ts no use for men who viii com
nit perjury. and you are not wanted
arpund here.
with his face flaming red and eyes
desrncasl on the floor Gaffney walked
"a the rear Of the room and started