Evening journal., 1915-03-22


Benjamin II. Fluharty was in the
same class and was excused.
Morris A. Grubb was challenged by
the defence.
Frank X. Day had opinions and was
Ernest Davis was challenged by the
defence.
William c. Hickey was challenged
by the defence.
Hermon Gossen was sworn as juror
No. 10.
Thomas J. Dempsey was excused for
opinions.
Charles "a Megginson was chal-
lenged by the defence.
Thomas s. Enos was sworn as juror
No. H.
Walter G.. kerslake had formed an
opinion and had conscientious scru-
pies.
The panel became exhausted and
Herman Dohl was called from the
courtroom as talesman was chal-
lenged by the defence.
Elwood Davis had formed an opin-
ion and was excused.
James Green was challenged by the
State
Frederick Darlington had formed
an opinion but had no scruples and
was sworn as juror No. IL.
The following men had conscien-
uous scruples and were excused from
service: John S. Lattomus, John A.
Reed, Horace l. Dilworth. Benjamin
r. Mcdaniel, Walter T. Sillitoe.
The defense challenged: Gilmore
Johnson. Woodward w. Chears, John
y. Young, Purnell S. Daniels. Harry
Rose, Lewis r. Hushebeck. Joseph G.
Orr, Lemuel II. Peacock, Joseph III.
Maritime, Lewis s. Fell. Morris A.
Grubb, Frank ~ Day. Ernest Davis,
James J. Lawler, Albert Serson, Ben
jamin A. Fluharty and Thomas j.
Dempsey.
The State challenged Thomas Kark-
ness and James Green.
The following men whose names
were drawn said they had formed and
expressed opinionsN William u. Lin
ton, David p. Staats, j. Leslie East
burn, Jehu w. Davis. Bernard IT,
Kleltz, G. Thorpe Martin, John p. VIII
son. Lewis NJ. Miller. Joseph y. Ray
Edward Halloran, John A. Clark, VIII
liam A. Cannon, William G.. Hickey
Charles b. Megginson. Herman Dohl
During the empaneling OF the jury
Officer Robinson sat I'm the dock with
Kralzus The latter paid but little at
tention to what was going on in the
court.
Former Judge George Gray watched
the proceedings from the bench. Their,
were only six colored persons in tn,
courtroom. A few women friends o.
lawyers and courthouse officials wer,
present.
All persons back of the press tabl,
and near the jury box were ordere,
away.
Mr.. Chaytor Opens States Case.
Deputy Attorney General Chayto
in opening for the State, referred &
the grades OF murder. He dwelt ol
the malice necessary TO convict II
cases OF murder In the first degree
He also dwelt on the sedate mind tina
implies malice and has the intention
OF killing or infiicting great bodily
harm, then IL Is malice expressed anC
murder in the lrst degree.
IF the prisoner, when he shO
Francis X. Tierney, a police officer
had malice aforethought he is guilty
of murder In tho first degree" Mr.
Chaytor said. lie added that the Stat,
would endeavor to show that Krakus
intended to kill rather than be appre.
hended.
Mr.. Chaytor said the State would ais
endcavor TO show that loot was foun
in Krakus' room and that a watch wa
found in Philadelphia which resemble
the one taken in Connecticut when
Lithuanian priest and his housekeepe
We're shot on February s. Mr.. Chayto
said; "All this goes TO show the guilt
mind and that Krakus had murder In hi
heart when he attempted to escape Al
rest here"
Markell Tells Of Shooting.
Adolph Markell was the first witnes
called by the State.
At this point Detective Wardo
brought into the courtroom a bag con
tanning many watches, and Attorne
General Wolcott and Deputy Attornc
General Chaytor examined the loot.
John schndlowsky, OF Massachusetts
who was roobed. was a witness 10 ider
tify Krakus and watches stolen by bin
and Montvid.
Markell in answer TO Attorney Gen
eral Wolcott testified that on Frida,
night March 8, Krakus wanted 4
pawn at his store a watch which tn
witness identified. Krakus said tn
watch belonged 10 Krakus' wife.
Mr.. Reinhardt at this point Objecte
To any proof OF motive for the shootin
of the officer.
Attorney General Wolcott said th
State would produce the evidence tina
Krakus was a burglar.
The court then allowed Mr.. Marke
TO refer TO the production of anothe
watch he wore on the night before tn
murder when Krakus said the watc
belonged 10 himself. The followin
day witness said he saw Kralkus pas
his pawnshop near noon of the sam
day, witness said. Montvid came int
his store and wanted TO pawn tw
watches. When the sale was refuse
witness followed Montyid up Mark,
street on the west side and saw Kr,
kus join Montvid and they walked u
q the street
D After going up Market street I
? Sixth. the witness said. Montyid tur,
e ed toward Shipley and Krakus crosse
B, the street. When witness cross,
n Sixth street he said he saw Montvi
10 He met Officer Francis Y. Tierney
1 Seventh and Market streets and ma,
n. ley street Tierney followed Kralr
Mr.. Reinhardt objected TO the n
~ ture OF the complaint. and the cou
n, ruled for the admission of the el
nc dence as to the suspicion OF lsrcer
Markell then said he accompanied on
IA Ger Tierney to Seventh and Shipl
81 streets and saw the IArn nael, .unlI-l