New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-10
BECKER JURY STILL
ONE MEMBER SHORT
Continued from first page.

continued from first page.
as he declared in the affidavit expos
ing Becker, which has since been con-
sidered the gamblers death warrant
That was not long before Rosentha
was slain.
Mr. jeremiah said that Donohue hac
come to him and complained Of the no.
toriety he was getting in connection
with his part in the matter Of the atfi-
davit since the murder Of Rosenthal
Donohue was worried, and complained
that his part IN the affair was an en-
tirely innocent one. and he did not think
he deserved the criticism which the
newspapers were directing at him. the
talesman said. Mr.. jeremiah advised
Donohue not to worry about the no.
toriety he was getting, he said, on sew
eral occasions. Justice Golf took tn,
talesman in hand and questioned hin
at length, but finally decided to excuse
him.
AhC pIOSCCullOH Hdu Uul OHc pei
emptory challenge left when court ad.
journed last night. Thirty are allowed
each side by law. The withdrawal OF
the two jurors from the jury box led
the court TO grant Ave additional chat
lenges to the defence. as II was con.
sidered that the defendant suffered the
most by a change in the jury which
he had so far found satisfactory. John
F. Mcintyre. Becker's chief counsel
still had four peremptory challenges al
the close Of court.
Testimony May Begin To-day.
It is expected that the twelfth juror
will be obtained in short order from
the new panel. because Of the lack OF
peremptory challenges remaining to
either side. and that the taking OF testi-
mony will begin at to-day's session.
District Attorney Whitman will de-
liver his opening address to the jury as
soon as the jury is completed. He said
yesterday that the first material wit
ness for the state would be Mrs. Her
man Rosenthal. widow Of the murdered
gambler. Mrs. Rosenthal will be called
as soon as the prosecution establishes
the corpus deficit through the testi'
mony OF the Coroner's physician and
the medical authorities, II was said
BALD Jack" Rose, Bridge" Weber
Harry WALTON and Sam" Schepps are
expected to follow Mrs. Rosenthal to
the witness stand in the order named.
The District Attorney turned his
searchlight on the talesmen yesterday
at a new angle. II was apparent that
he was trying TO establish foundation
in the minds Of the men who might bt
selected for an unpreJudiced attitude
toward the testimony of the three &C
completes. Rose. Weber and WALTON. or
whose testimony the crux Of the PEG
pies Gaze hangs. He asked talesmen Il
they would disbelieve the testimony o.
witnesses purely because they Were
shown to be accomplices." MIR. Whit
him without asking that question. HI
used a peremptory challenge once OF
twice when a talesman hesitated IN
answering 1t.
The defence shaped a counter ques
ton by asking II the talesman under
stood that no conviction could be ha'
under the law on the uncorroborate'
testimony Of accomplices. Thirty tales
men were examined at the morninI
session without securing the Twelfth
Juror. Juror No. s. Leslie A. Ward
and juror No. IL, John K. Dillon, wer
called into Justice COTS chambers =
the opening OF the afternoon session
and after a protracted conference witt
the District Attorney and counsel 70
the defence, Justice Golf resumed tn
bench, and announced that the tw,
Jurors had been excused frcm furthe
service.
Family Illness Excuses Jurors.
"T have been apprised OF matters re
lating to the two jurors" said Justic'
GofY. ION account OF which I do no
deem II proper to impose upon then
the arduous duty Of jury service. Their
II severe sickness In their families am
they would be submitted to undu
mental anguish IL they were requires
20 serve. The withdrawal OF the tw'
Jurors cannot be taken as a renecto'
nm the men or their characters In an.
way. II is necessary under the cir
cumstances. Neither the prosecution
nor the defence is responsible"
Mr.. Dillon had been excused. II wa
SAID afterward. because his son-in-iaw
]. Hackett Ward, was Deputy AS
sistant District Attorney under VIII
lam T. Jerome. and had worked for tn
most part IN the homicide bureau Will
he was In the District Attorneys Of
fee.
Charles Ruchfuss. real estat
dealer. of No. 45S West 155th street
was selected to take the place OF juro
No. 8 soon after court reconvencd u
IL he 1A(bfh faInH