The Detroit times., 1913-12-10
Given Until Dec. % to Make
Fresh Application In Gilman
Trial Before Judge
Phelan
FIVE JURY CHAIRS EMPTY;
LAST LIST EXHAUSTED
Shepherd Says He's Convinced
Panel Can't be Secured Here
to Try Alleged B0odler

With the last venire exhausted. and
i've vacant chairs In the jury box.
Prosecuting Attorney Shepherd asked,
Tuesday afternoon, for an adjourn
ment OF the Gilman case until Dec.
20. TO give him an opportunity to
move for change OF venue. Judge
Phelan granted the request.
Under the questioning OF Chief AS
sistant Prosecutor Jasnowski, the five
men remaining In the last venire at
50 were challenged and excused, Tues
day, and three other men who had
been on the jury for some time, were
also allowed to go, two on their own
pleas OF inability to sit, and one on
the challenge Of the prosecution.
The actual examination of jurors
has occupied 80 days. Six hundred
men have been listed for service by
the jury commission; 219 have been
examined as to their ability to sit, and
all but seven have been excused for
cause. Not single peremptory chal-
lenge of the nine allowed was used
After giving the subject consider
able thought, Prosecutor Shepherd de-
ctded that II would be useless to make
further attempt to get o jury in De-
troit, and declared that he would try
again to convince the supreme court
that change OF venue Is necessary.
Chief Assistant Prosecutor Jasnow-
ski, Tuesday morning on the few men
left OF the last venire of so, but in
terrupted his quizzing to go back to
some OF those who have been sitting
In the jury box for some time.
AZ taA
and Albert Nemitz. No. go Twenty
hfth-st., were challenged and excused
because they have opinions. Gerry
Bates, No. 10 Krupp-st.. and Augustip
May. No. 10 Helen-ave.. admitted
having opinions. but we're not chal-
lenged. Mr.. Jasnowski. instead. turned
to George Morris, No. 9Sl vinewood
ave.. who has been on the jury for
several days.
Answering Mr.. Jasnowski. Mr.. Nor
ris said that he applied for a pension
In October, 1868. after losing his
right arm in the war He has applied
on other occasions for an increase
in his pension. He said that he was
born in 1889.
Gould you stand being locked up
for three weeks, perhaps longer. In
hotel. with the other jurors?" asked
Mr.. Jasnowski.
MI. Morris replied that he could
front the enemy II called on.
That's hardly the question" Mr..
Jasnowski said. I'VE don't want to
have to go over this whole case
gain il anything should happen to
You. I'll give you time to think 1t
pver."
The assistant prosecutor then turn.
ed his attention to Albert K. Johnson,
no. 81 Parkwood.ave.. and asked him
some questions regarding possible
opinion in the case. Mr.. Johnson soon
became confused In his answers, and
Il became evident that he would be
challenged.
When the jury was brought into
the court room after the usual mid
morning recess. George Morris. pre-
viously quizzed by Mr.. Jasnowski.
announced that he had decided to
ask to be excused.
"Why wife is sick, and ! doubt IL
I would be wise for me to serve '
be said. He was excused.
william T.. Chudleigh then made
mother plea.
"Tve lost nine pounds" he COM
blamed.
Judge Phelan let him go.
Rudolph Tischbein, who was on
he hrst panel, was questioned by
Mr.. Jasnowski as to whether he had
IN opinion.
IL want to get off," Mr.. Tisch-
bein said. I'm losing money. I've
ost $500 since setting here"
Have you any opinion now"
asked Mr.. Jasnowski.
Eyes. make an opinion, was
he reply.
Mr.. Jasnowski challenged Mr..
'ischbein. Mr.. Mcnamara objected.
"YOu say that you are forming
in opinion now for the sake of get
ing of the jury. Is that so?" ask
d Mr.. Mcnamara.
Eyes, sir"
Judge Phelan reminded Mr.. Tisch-
ein that he was under oath.
II ask You now" said Mr. Nc
lamara, "if you have an opinion"
mo, have not" Mr.. Tischbein
eplied.
Prosecutor Shepherd withdrew his
hallenge. He then challenged Ger
Bates and Augustin May, Of the
Ast venire, for having opinions.
There was no objection to these
challenges. He challenged Albert
johnson for having an opinion.
after looking up the law and hear
hg arguments, Judge Phelan OK
used Mr.. johnson.
The court declined to let Gregory
Ruedisuch 60 without further cx-
animation. though both his name
nd address had been reported In
DIRECTLY by the jury commission.
Mr.. Ruedisueli finally admitted that
that he had heard since sitting In the
curt room. had made an impression
b him which would scarcely permit
i'm to act as fair Juror. He was
hAllenged and excused.
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