The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1914-11-30
FIRST JURY PICKED
FOR Smith Case
Continued From First Page.

in his seat, and his counsel pressed the
motion, originally made on June IL,
last, to have the defendant IS mental
condition passed upon first.
Agree to Pass on Sanity First
Mr.. Weiss argued that his client is
not mentally able to set up a defense
to the criminal charge. After some par
leying counsel for the defense and Dis
trict Attorney NJ. E. Stroup agreed to
frame an issue by which the question
OF sanity first would be passed upon
by a jury of twelve men.
In the interim, however, the defend
ant again was directed to stand up.
He hesitated, looked about aimlessly
and then .mumbled: "I'll keep seat
ed.'
I" He says he will stay seated put
in the District Attorney, directing his
remarks to the judges.
Let him stand up'' demanded
Judge Kunkel.
Smith did not heed the demand.
Then the court, Smith s counsel and
the County Prosecutor simultaneously
directed him to get upon his feet. This
time he complied
With the issue framed and every
thing ready for the selection of the
jury that will pass upon Smith IS men
tai condition, the defendant 8 counsel
insisted upon the right to examine
each juror on whether he had framed
or expressed an opinion as to the guilt
or innocence of the defendant.
Seeks Right to Question
hn
OF the questioning, Mr.. Weiss read
from his individual legal brief what
sounded like an appellate court ruling
SUSTAINING his attitude, saying that it
came under the act of the Legisla-
ture of 1902
What case is that'' asked Judge
McCarrell.
ut is no case. 1t is our conten.
tion, " said Mr.. Weiss.
Judge McCarrcll could not refrain
from smiling and he was Joined by at
torneys who also thought the incident
laughable.
1t sounded somewhat like the deliv
erance of the Supreme Court said
Judge McCarrell.
thought Your Honors would rec
ognize it as such,' added Mr.. Weiss.
No, it didn t sound like that to
me, quickly put in Judge Kunkel.
Again the attorneys at the bar laughed.
Three Jurors Challenged
Three of the jurors, examined while
the panel was being drawn, wre chal-
lenged. Allen Felker, of West London
derry township, and Everett G. Brinton,
of Susquehanna township, both said
they have fixed opinions as to the men
tai condition of the accused. Besides,
Brinton said his hearing is defective.
William j. Daylor, a Steelton merchant,
said
g 1 have fixed opinion. 1 believe
all persons who commit such crimes are
of unsound mind
To Call Many Witnesses
The hearing on the mental condition
of the defendant, will, it is expected,
last several days. Half hundred wit
nesses will be called, including alien
lists. For the Commonwealth DIR. T. S.
Blair, of this city, and DR.. Howard
Phillips, formerly specialist in Kirk
bride sanitarium, will testify while in
addition to many of the accused's ac-
quaintances the defense will have DR..
! Walter G. Bowers, of the Schuylkill
Haven County Hospital for the Insane,
and DR.. c. r. McKinniss, formerly of
the State Hospital for the Criminal In
sane in Norristown and now superinten-
dent of the Pittsburgh City Hospital
for the Feeble Minded.
The hearing begun to-day is a part
of the general murder trial but the jury
oh ,,,,n
have anything to do with the criminal
charge. If Smith is found to be sane
! now, the trial on the murder charge will
go on in the same manner as though
the insanity plea had not been set up.
The History of the Crime
A fire in the Bush cottage in Ingle-
nook on Wednesday night, December
II, last, led to the discovery of the
murder of the aged grandfather for
which Smith has been indicted. Bush
was supposed to have had about $3,-
600 in cash in the house. 1t was
missing. The cottage was, for several
years prior to that time, the home of
the grandfather and grandson. The
murdered man s body was pulled from
the burning building by members of
an auto party, after his feet had been
burned off.
Smith, who now is 25 years old, was
apprehended by the Pittsburgh police a
few days after the crime. He was ar
rested on a charge of carrying a pistol
and later was identified as the man
wanted here on the murder charge. At
the time of his arrest $2,S27.15 was
found in his pockets, together with a
railroad annual pass, which had be-
longed to the grandfather who was a
retired railroader.