Evening star., 1915-06-09
Jury. IS SELECTED
/ mi. ". HENRY CASE
Assistant u. S. Attorney
Archer Begins Prosecutions
Statement Tomorrow.
COUNSEL IN CLASH
OVER THE CHALLENGES
Wife, Mother and Sister of Former
Broker, Now Accused, Near His
Counsel in Court.

| Assistant United States Attorney
Archer will begin the opening state
ment for the prosecution tomorrow at
| the trial before Justice Siddons and a
jury in Criminal Division > of John Will
liam Henry. former head of the bank
rupt brokerage firm of Lewis Johnson
& Co.. on an indictment charging him
with appropriating to his own use
$41.669 intrusted to him for invest
ment in stocks by Mrs. Isabel Barklie
of Wayne. Pa.
| The jury was secured before the noon
| recess of the court. Each side eXer-
cised the full ten challenges allowed
| by law.
| The Jurors are Arthur NJ Connor.
Clifford Wineberger. Francis Endres.
Benjamin NJ. Mundell, Frederick w.
Harding, William F Belts, James s.
Bolden. Cyrus Mantz. jr.; George NJ.
Gordon and William F. Rawlings.
| Woodruff a Talesman.
Among the seventy-f1ve additional
talesnen drawn to complete the jury
panel was Benjamin Woodruff, cob
partner with Mr.. Henry in the broker
age nrm at the time OF its failure last
November. Mr.. Woodruff was in at
tendance in court in obedience to the
| attorney. r. Golden Donaldson. An
agreement was quickly reached that
Mr.. Woodrufrs name should be stricken
from the list Of prospective jurors and
| that 1t would not be necessary even to
| examine him as to his qualifications to
sit on the jury.
/ A member Of the National Guard was
also on tho list Of talesn1en. and when
had excused all officers and enlisted men
Of that organization from jury service
The court read the provision Of the law
and excused the talesnan.
Henry sat with him. directly behind his
counsel. throughout the session OF the
court today.
The first clash between counsel oc-
CURED this morning, when the first of
the seventy-five additional talesmen
was called to seat in the jury box.
| The defense had exercised a challenge
Just before the adjournment yesterday
| and claimed that it was the turn Of
| the government either to announce it
| self content with the jury or to exer-
else another of its challenges United
States Attorney Laskey claimed that
| the defense had used only three chal-
lenses, while the government had ex-
| ercised seven, and urged that the de-
Tense should be required to excuse four
more Jurors or express it's content with
the jury as empane1ed before the gov
| ernment may be required to exercise
another challenge.
| Cites Rule Of Court.
Judge Wright insisted that the gen
eral rule Of the local criminal courts
has been that challenges or expression
of content must be made alternatively
by the government and by the defense.
Mr.. Laskey urged that II this system
| were followed in the present case the
governments right of challenge might
be exhausted while there remained to
the defense three or more challenges
by which he could strike as many men
from the jury box and secure other
talesmen against whose admission the
government could make no objection.
Justice Siddons ruled with the gov
ernment and directed the defense to
exercise other challenges before re-
quiring the government to excuse an
other juror or express its content with
the Jury. Judge Wright noted an ex-
ception to the ruling of the court and
thereafter In exercising his challenges
saved the exception in each instance.
Examination Of Jurors.
Former Justice Wright conducted
the inquiry as to the qualifications and
disposition Of the Jurors on behalf of
Mr.. Henry. Assistant United States
Attorney Archer propounded the ques-
tions to the jurors for the government.
charge Of the prosecution and Attor-
ney T. NJ. Wampler. former assistant
United States attorney. is aiding Jus
tice wright in the defense.
Jurors closely on their opinions Of
| stock broking and whether the fact
that the defendant and some of the
witnesses might be engaged in that
yrAf fyndi ho
answered in the negative. but one juror
declared that he had a decided prejudice
against dealing in stocks and expressed
| a fear that 1t might prevent him from
was excused.
| Queries as to Railroad.
| Another question propounded to the
Jurors concerned the Pennsylvania
railroad and the local counsel of that
corporation. The import of the inquiry
was not made plain. and counsel for
the defense declined to discuss it. The
connection with the Pennsylvania Rail-.
road Company or were acquainted with
the law Arm representing that COM
pany in Washington.
against Mr.. Henry to be brought to
trial following the failure last Noyem-
ber Of the brokerage firm Of Lewis
johnson & Co. Eight indictments have
been presented by the grand jury.
against Mr.. Henry growing out of al
legged transactions with stocks belong
ing to the clients Of the brokers'
The Barklie Indictment is in sixteen
counts and alleges that Mrs. Barklie in
October. 1912, employed the firm to
buy stocks and 1t Is charged that va
rious checks were sent by Mrs. Barklie
for such purchases from that date until
August. 1914. The stocks, 1t is stated,
were not delivered to the investor and
the government charges that Mr.. Henry
cashed the checks and appropriated
them to his own use.
W|FE-bEATER IS WHIPPED
Charles Dove Of Middlebrook, Md,