New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-20

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ing the court. 81 am going to pre-,
serve nv rights in this respect until
we learn more exactly what the nature
of the defence is going to be.
When the selection of the jury was
completed, at 4:30 o'clock, the rest OF
the panel was dismissed. Turning 10
the fury. Justice Andrews SAID;
81 want to say to you that you must
allow no one to talk to you ABOUT tnIs
case. nor must you discuss II win your
family. If any one approaches you
about IL let me know. You had uetIet
not even read the headlines IN thee
newspapers. You may be excused until
10 o'clock tomorrow.
Six of the first twelve men 70 enter
the fury box when the case was calleu'
soon after 10 o'clock this morning %er,e
retained. The other six were caal-
lenged by one side or the other Inc
original jurors who STUCK were ir'lns
J. Mills, No. 2; F. W. Pierce, NO, o.
Warren w. Somers, No. Z; Kay ian,
ner. s; George E. Boschart, NO. ~, ana
Peter Baneke, No. Il.
Talesmen Under Fire.
Mr.. Barnum, for the plaintiff, ex-
amined the twelve talesmen first in the
box one by one until he had gone
through the list. Burton /. Gregg, VINO
was later excused, WAS the first man.
He was a farmer with a ruddy face
who had heard there was libel SUIT
but did not know what it was all about.
He said he would not allow the TACT
that the defendant was a former Gov
ernor of the state and President OF the
United States to influence his verdict,
Irving J. Mills, the next man, who
was finally retained, did not have to
answer many questions, as counsel Tor
both sides evidently knew all about
him.
Raw Tanner. who was retained, said
he had worked on the Chase farm IN
Marcellus for fifteen years. lie wore
blue flannel shirt, but had clear cut
face and a decisive way Of speaking.
George +. Boschart, who came next,
is probably the wealthiest man on the
jury, one of the few men with much
means He is Progressive and manu-
facturers hydraulic presses with black
hair and o short mustache, he has an
aggressive Jaw that indicates strength.
After the twelfth man had been ex-
smined by Mr.. Barnum, the Barnes
group fled out TO a conference room
to discuss the merits Of the men. At
the end Of five minutes they came back
and used peremptory challenges on
three of the men in the box.
Myron Alexander. a farmer, took
Crego's place; Franklin 5. Rhoades F.
ri a
J John J. Brown went in in place OF .
Charles II. King. Soon afterward .
Henry Hoag took the place Of Mr. Al /
exander, making the fourth challenge.
Asked if there was any prejudice /
existing in his mind about either Of Z
the principals, Mr. lloag replied: zone |
Is more of favorite than the other"
This raised the first laugh of the .
trial, but the talesman explained that /
he entertained no i'll will toward either .
and thought he could consider the case .
fairly. He was retained.
Examined for the Defence.
After recess for luncheon Mr.. Bur /
den took up the examination Of the 7
twelve men then in the box on behalf .
Of the defence.
Learning that Ernest Wagner had /
been born in Germany, Mr.. Burden
asked if he had any prejudice against
the Colonel because of his stand on
the European war and the violation of
Belgium neutrality by the Germans. /
Wagner said he had no such prejudice,
but a peremptory challenge was used
on him later by the Roosevelt forces.
When he came 10 Philip Muth, jr, q |
cigarmaker, Mr. Burden asked him If
he was related to Dir. Barnes by mar
rage or otherwise. Later he asked the
same question Of the collective jury.
He found no connections. Muth was
by the defence later. pre-
sumably because Of the fear that the
Colonel's structure on Germany might
influence him.
George f. Boschert, manufacturer Of
washing machines, also said he was Of
German extraction. But evidently he
was a we'll educated man, and Pro
gressive as well, and he was not chal
lenged
Colonel Roosevelt led his forces to
the twelve men after Mr. Bur
den had been through them. The re.
suit was the challenging OF Ralph II
Quackenbush, as well as Wagner and
Muth. In place OF the two Germans
and Quackenbush two Irshmen and a
Scotchman Thomas J. Ryan, Edward
Burns and Burritt D. Wood-went into
the box.
The plaintiff used his fifth challenge
on Wood, and Charles L. Griffin. a me
engineer In the Solvay Process
Company. took his place. He said he
had difference with one OF the prin-
cipals. Mr.. Barnum thought he meant
Mr.. Barnes and Colonel Roosevelt was
ell smiles for a minute.
81 was speaking of the Colonel" Mr.
Griffin said finally, and then everybody
roared.
do you believe that a mans good
name ought to be protected whether a
libel against him arises out Of politics
or not?" Mr.. Barnum asked.
Griffin said he did, but for some
strange reason the plaintiff decided 20
use his sixth and last peremptory chal-
lenge, and Grifin's place was taken by
a Progressive-Walter J. Zuill, as fate
would have it. The plaintiff could not
object and the defence did not care TO.
Last Juror in the Box.
Would the fact that Mr. Barnes oc-
cupied an official position, recognized
by law, have an effect upon your con-
sideration Of this case?" Mr.. Barnum
asked Edward Barnes, a stout. ruddy
person, who said he had been employed
as a motorman for several years.
Neither side had any objection 10 him
and he went into the box for trial.
1t is the practice here not TO have
No. l juror as the foreman, but for the
jury to elect head when it goes out
10 consider the verdict.
Tomorrow morning at 10 O'Clock
William NJ. WINS viii open for the
plaintiff. He will be followed by the
opening speech for the Colonel, which
will be made by Mr.. Van Benschoten.
Then the nlaintifis sida u,ill r.rnanrt