New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-05-09
yOUNG MEN TO VOTE
ON PRISONERS FATE
Previous Preference for
Older, Married Ones Set
Aside by Defence.
RoSEONSTAND MONDAY
.Dago Franks" Statement May
Be Ruled Out-New witness
Will Quote Gunman on Plot.

Re Ruled Out-New Witness
Will Quote Gunman on Plot
ru,sIv. men sat in the jury box ~heh
.o,rt adjourned at the third days ses-
49,, vesterday in the trial OF Charles
e.cker. who is accused OF the muroel
- Herman Rosenthal. Compared WIFI
-, Ave. Rocker trial, when the selec-
Non ~ the Jury occupied practicai'y
-. ,o,rt davs. and with other famous
-urdsr trials. the present performance
= considered remarkably quick work
Tba iurv box was literally filed twice
rssterday. After twelve men had oeeh
accented by both sides and had taken
,hair seats at the middle of the AFTER
100, session two were excused by JUS
Ucs seabury. at their own request ana
ev consent of the District Attorney anu
counsel for the defence. Nine jurors
In all were chosen at yesterdays ses'
sion.
There .s no reason to believe there
rrl be any further changes In the jury
box. Justice Seabury decided 10 holo
half day's session to-day, and Dis
,rict Attorney Whitman will open the
ease for the people when court con-
venes. He expects to occupy about haf
an hour.
Rose Will Testify Monday.
The same four or Ave witnesses who
.estiAed at the first trial will then be
called TO prove the corpus dehct' or
n establish the actual shooting and the
Identification Of Rosenthal, the victim.
These witnesses are Policeman John
7 Brady. Of the West Attn st. staTon'
who was on post IN Times Square. op-
cosite 43d St, on the morning or TIE
,booting. Policeman William ]. File,
a,bo was off duty and in the restaurant
II the Metropole Hotel; DR.. Dennis
ravlor who came with the ambulance
rom Flower Hospital DR.. Otto A.
Schultz the coroner's physician who
performed the autopsy, ana JACOB
Hscht. who was a waiter at the Metro
pole and saw the shooting from the
doorway.
Further testimony may be taken II
he time permits. Justice Sesbury ex-
pects to adjourn court at o'clock
Practically the same order OF wit
nesses for the first few, at least, will
be followed as at the first trial Louis
Krause. the waiter. and Giovanni
stanish, two Of the peoples eyewit-
nesses TO the shooting, will come next.
District Attorney Whitman said that
ne expected Bald Jack" Rose, the
principal witness against Becker, to
take the stand on Monday.
II was said yesterday that proceed
lngs for contempt of court against W.
Bourke Cochran. Of counsel for Becker,
probably would not be pushed. The
District Attorney obtained several affi-
savits Of newspaper men who swore
that they heard Mr.. Cochran make the
remark that the trial was "an assassi-
nation" on which action for contempt
might be predicated. The District At
torney intends TO hold the affidavits in
reserve, II was said. for future use If
the occasion should demand it.
Mr.. Cochran was not IN court yester-
day. Martin 7. Manton, his partner
and chief counsel for the defence, said
that Mr.. Cochran did not expect to ap-
pear in the case again. 1t was said
that Mr. Cochran never intended to
take any very active part in the case.
Mr.. Manton said he expected TO open
he case for the defence, also examine
witnesses and sum up.
Becker and Wife Like Jury.
Becker and his wife seemed pleased
with the jury as 1t was finally made
up. though neither of them expressed
an opinion openly. The defendant had
good deal 10 say in the selection of
the seven men who were needed yes
terday He conferred with his counsel
frequently respecting the final word
Of the defence in regard TO some Of the
talesmen under examination. He often
looked 10 his wife for nod OF ap-
proval.
Al the first trial Becker and his wife
favored men of large stature, with firm
,hins and trustful eyes, and wanted
hem middle aged. married and prefer
ably with families. 1t was noticeable
hat these particular preferences were
aot followed so closely at the new trial.
Because Of the first verdict the de-
sendant may have lost faith in the
type Of man who passed upon the
evidence at that time.
The jurors chosen yesterday are all
comparatively young men. While there
were only two single men on the
arst jury six unmarried men have
seats in the box this time. There are
ave married men and one widower.
tne average age of the Jury Is forty