The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-12-18

bring in talesmen living in Clarks;own !
township. Fourteen tilosmcn. from
among whom the two remaining jury .
seats We're To be filled We're thus brought
to court. on examination most OF these I.
were peremptorily challenged or excused
because OF scrup.es in regard to the death
penalty.
II Is a Jury chiefly OF married men
OF about Clearys own age that will try
him Only one OF the first ten jurors
chosen is unmarried and he Is also the
youngest in the jury The first ten were
chosen from among sixty-two talcsmen
examined percmptory chall' nges 10 the
number of ten COR the prosecution ana
eleven for the defence were used in the
course of the work Many of Cleary =
friends OF llaverstraw and surrounding
towns were called and promptly excused
by consent
A third OF the sixty.two ta!esmen called
announced that they had conscientious,
scruples against capital punishment that
would prevent their serving. The Dis-
| trict Attorney. who has an extended ac-
quaintance throughout the county. con-
coded that the ''scruples" were growing
and that the situation was an indication
! OF the growing public disfavor toward
| the death penalty.
In the examination OF talesmen clear
| indication was given that the question
| OF Cleary's sanity when he killed his
|
of his defence. Both Mr.. Comesky and
Mr.. Gagan were concerned about 1t,
the District Attorney seeking to learn II
| the prospective jurors would accept tho
courts definition of insanity and not that
of medical witnesses. Mr. Comesky tried
to get men with absolute open minds on
the subject of insanity in its relation to
Cleary's guilt or innocence OF murder
Justice Morschauser intends u finish
the case in three days II possible and
the early speed indicated that Cloary
might know his fate by Saturday night
Many Of the taleSmen in the panel called
for the trial Of the former town clerk Of
Haverstfaw admitted that friendship Tor
Cleary would influence their verdict
when the lone unmarried Juror en-
tered the box there was conference be-
tween Cleary and his lawyer before he
| was finally accepted.
The old fashioned brick court house
on the New city town road WAS crowded
when Justice Morschauser opened court at
! 10 o'clock. Cleary, who has enjoyed all
the comforts that his friend the Sheriff
could discreetly afford him in the Jail
adjoining the court house, was well dressed
and calm.
Mrs. Cleary, wearing a heavy brown Goa,
and small blue plumed hat. came mo
the room, mostly filled with men. so)n
after he sat down with Mr. CONF Ky and
George A. Wyre, associate counsel with
Comesky.
Most OF the witnesses were in court
among them the Rev. Frederick a. LIGHT
OF Hoboken, who married Eugen' N"w"lH
and Anna Cleary, and DR.. David Schultz.
Both will be called by Mr.. Gagan.
II was learned to-day that one Of the
principal witnesses for Cleary will he a
man known as Brooklyn Jimmie Car
roll. former prizetishter now in the
hotel business who has been a friend Of
Clearys for years
| According to Information elected to-
day from q arys counsel Carroll met
Cleary in Fitzgerald's cafe, a. Broad
awy and Forty-second street, at mid
night before the afternoon OF the shoot
ing in Haverstraws town hall. Cleary,
il seems, had been at his apartment In
New York on the evening before the
shooting. At that time the physician who
was attending young Mrs. Newman was
there The physician is said to have
asked Cleary If his daughter was mar
led She had been. but Cleary, accord
ing TO the story. said no" and was told
by the physician that his dauGhter should
have been married several months be-
fore.
This revelation is asserted to have given
Cleary "brainstorm," In the midst OF
which he went to Fitzserald's at midnight
and STAYED there drinking almost con-
stantly with Carroll until II o'clock the
next day. During that time he talked
about everything but what was troubling
him most--his daughter's condition. lie
became maudin drunk. could not stand
' or sit still, and finally left for liaver'
straw. Carroll put him on the ferryboat
His testimony Of Cleary's plight, the de-
fence hopes. will bolster up a plea ol
INSANITY When young Newman went 10
Cleary's office in Haverstraw. IL will be
, maintained, Cleary was too excited tC
, listen to the boys story. and shot hin
; before he realized what he was doing.