New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-23
Lawyers in All-Day Strug-
ole to Get Fair Jury in
Conspiracy Case.
THIRTY-NlNE CALLED;
TEN IN FINAL COUNT
American, Dutch and Alsatian
Blood Represented In Ten
tative Selection.


10 the Federal Court TO qualify as
,urors in the trial of DR.. Karl BUM,
resilient director and general manager
II the Hamburg-American Line, charged
With conspiracy to defraud the govern
msrt. but few Of these men were
chosen.
There were tslesmen of Hungarian
and German parentage, favorable per-
haps TO the defence, and with them
we're men OF English, Irish, Scotch and
French ancestry, who, though Ameri-
eanized b. birth or adoption, were re-
jeeted because they had "leanings" or
sympathies in the great conflict abroad.
Never in history Of the Southern
District OF New York has there been
such difficulty in getting together
twelve acceptable and unbiased jurors
10 sit in judgment upon defendant.
A few. all Americans; man with
Dutch blood in mis- veins and an Alsa-
tan who did not know whether ne was
Of German or French descent made up
the personnel OF the animated Melting
pot that was called yesterday by the
Commissioner of Jurors.
While the European war. according
10 William Rand. jr., counsel for the
defence. is not 20 be settled by the
jurymen. the gree: conflict is factor
the like Of which has never beer en-
countcrcd in the selection of a Federal
jury.
Thirty-nne talesmen were called. I,
Ten were selec;sd. and these tentative /
iy. Dr. BunT and his associates smiled 4
with much satisfaction when on several
occasions they heard prospective
iurvman dcclar under oath that he ?
was pro-GermGn from start to finish,
but that he would try not to let his
sentiments influence his decision.
Nr. Rand was able to bring from the
Hps of several such opiniOnated tales .
men the statement that they would do
unto others as they would expect 10 be
done by" II they chanced TO be the de
PENDANTS and were on trial in Germany.
He was willing to accept such one, {
but Roger B. Y 1od, prosecutor for the
government. used up four Of the six
peremptory challenges allotted TO HIM
in disposnc of such talesmen.
Several times men Of advanced age
were eXcrsed o. mutual consent and
:, was observed that there was an un
USUALLY 'argc percentage Of talesmen
more than sixty Years old. Only about
three on four Of the panel were OF
American paranJacc. AMI these -eemeC .
70 he agreeable 20 both sides. Nearly !
all who were allied admitted that they
rad feeling on one side or the other
IN The -rla.. broad. but were 7iil- +
ina 70 be neutral.
Z. Morritz, business man. looked 4
Ike good bet for the prosecution
when he declared that ne was born in
England: but in the next breath he
Frightened the hopes Of the defence
ty stating CALMLY that his parents were .
Germans and that he knew the late /
Hermann Oelrichs. at one time head OF
ihc North German Lloyd Line. He was
excused 5r the government
Alsafian a Puzzle.
TIE selection harked back to the
Al'aco o. thc days Of the Franco prus-
sisr War y the examination of q tales
nan nsmc0 Williams. lie said he did
bot know 10 what country he belonged
tefore he cast his fortunes with the
United States. coming here from A.
SAGE IN 1915 lie was born before the
strife o. 1870. Of German parcntage.
but he didn't know whether he was of
French Or German stock He changeo
hrs name from Wilhelm 20 the English
name o. Williams when he accepted
eihzenshiD here. and anyway. he said.
is was a thoroughly neutral American.
ne vas held tentatively. but was ex-
ensec before the day closed
Gustav kerAcs a composer Of light
eorfs' mieht have passed judgment
tpon Dr.. Bum and the others had IL
Nr rs..s
eegtior or tho part OF Mr. Wood
kerkcr who looked as typically Tcu-
,crie portlv and forid as Dr. Bdnz.
efciared frankly that be had certain
. Ampat1ies. but Dr. felt that he could
pu' 'fem aside and render a fair iudg-
mislt. Hc seemed willing 10 be one Of
ue chosen twelve, but Mr. Wood had
o'ter aoticra
Iol .lec on staten Island. do you
~ ASKED 'te rrOsccutor over on
u Fnrfei1 f.le. near Raritan Bay ?"
Aerkef sai he did. and in vain did
~ Rand try - snow that On. prosDec-
we Juror lived In the Southern Dis
rict OF Alw York.
80 .s from the Eastern District"
tf Af Wood. "md is not qualified
,tTere.' saPing thereby one Of his
'eferDioig challenges.
Frankly Pro-German.
y'e l1ryman, after taking the oath,
estiafff that he eas born ~ Germany
Soe % va ~ prejudiced IN favor Of the
slsh9anis That he could not truthfully
~ mat be- would abide By the instruc-
yh, o. ne court and render verdict
-'s,r Upon the evidence.
- perfectly natural for a man 10
"~se an opinion on the right or wrong
's o. thif var in Europe said Mr..
4'p' but you must remember that we
~ no, % settle the conflict 81 this
a' b1i That. may ask, gave you
~ inpress.Dn that the defendants
rgni boz this cAseT"
zoe ialesmau replied that he had
,s'bso Dlf opinion from reading the
hTsspsfefs.
.gs3zf hatanl g. Hove. Of Vermont,
80 pfetiding ~ The trial, interposed
~ ~ opinion that the iaIesman
sslH De- ercasec al once.
a. CERTAINLY >sid Af. Rand. but IL
a. ~ :, man has ,ssd 20 much Of this case
~ ffTsDaDsrs 40 10 prejudice his