New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-08

against capital punishment. or the
fourteen men examined yesterday none
was found who entertained any
scruples against finding a verdict Of
murder in the first degree II the evil
dence should warrant 1t.
Herrlich turned out to be an expo
liceman, and declared he had formed a
pretty strong opinion as to the guilt or
innocence of Becker, which he thought
he could lay aside, however, If he was
chosen to sit in the jury box. He
Joined the police force In 1886, he said,
and served six years. most of the time
in the Tenderloin station. Inspector
Schmittberger was lieutenant at that
station then, and he served under Cap
tains Mclaughlin and Williams. he
said
Pleased at Escape from Jury.
Both sides promptly submitted a
challenge for implied bias. Mr.. Nc
Intyre examined the talesman at great
length, going over a long list Of wit
nesses for the prosecution, asking the
talesman If he knew any Of them. Half
an hour was wasted on the first tales
man, for Mr.. Whitman finally chal-
lenged him peremptorily. Herrlich
seemed pleased that he had escaped
jury duty.
The District Attorney confined his
questions to practically three principal
heads. He wanted to know If the tales
man had ever had any friendly or other
relations with the Police Department,
whether he could render fair and i'm
partial verdict despite any opinion or
impression he entertained, and whether
he was acquainted with any one asso-
ciated with the Rosenthal case on the
side of the defence.
Mr.. Mcintyre and Mr.. Stryker. who
both took a hand in examining tales
men, endeavored to search the con-
science OF the man before them ex-
haustively. They wanted to know II
the talesman had any prejudices
against a oliceman as such; II he be-
longed to any secret or fraternal Or
der; If he knew Police Inspector
Schmittberger; If he understood that
an indictment was merely an accuse
ton and did not carry with 1t any pre-
sumption Of guilt; If he would accept
the law from the court that no convic-
ton could be obtained on the uncor-
roborated testimony Of accomplices. ct
cetera, It cetera. Justice Golf ruled
out a good many OF the questions
asked by counsel for the defence.
Joseph P. McEwen, an early tales
man called, created a laugh in the
courtroom when he declared that he
was cashier Of Woodlawn Cemetery.
Becker broke into broad smile. Nc
Even said that he would try" to go
into the jury box and disregard the
opinion" he had formed. He re-
marked when asked If he had ever
served on jury before: Il was called,
but not chosen" He was challenged
DcTeiuDlOIl3y ny lio OCichNC.
Several of the talesmen said 1t would
take evidence to remove the opinion
they entertained as to the guilt or In
nocence Of the defendant. Some OF
them frankly admitted that they would
expect Becker to prove his innocence
despite the presumption that the law
afforded the defendant In that respect
until he was proved guilty.
Only one talesnan was examined at
the morning session of court. Harold
B. Skinner, the foreman, was the tenth
man examined. Justice Golf held court
until nearly o'clock. Mr.. Mcintyre
said afterward that he felt 1t necessary
to examine each talesman carefully to
protect his client properly and that he
did not expect to get a jury before the
end Of the week.
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