The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-23
Accused POisOncr Also
Laughs and Yawns Alter
nately as Trial Opens.
STATE TO CHARGE
USE OF CHLOROFORM
Will Try to Show Prisoner
Forced It on Peck After
Giving Him Arsenic.
JURY CHOSEN QUICKLY;
WIFE STAYS NEAR BY
Mrs. Horton Within Call
n. y. Records Broken by
Speed of Proceedings.

All local records in trials of important
murder cases were broken yesterday
when In six hours the jury had been
chosen to decide the guilt or innocence
OF DR.. Arthur Warren Waite. charged
with numbering his father-in-law. John
i. Peck. District Attorney Swami had
opened for the prosecution and the ex-
animation of the first witness had
progressed until little remained for fur.
ther cross-examination.
II required just three hours to ex-
anime SO talesmen and agree upon the
twelve men, and thirtv-ive minutes
Tor Judge Swanns narrative upon
which he and his assistants will
urge verdict of death for the de-
fendant. DIR. Albertus Adar Moore
underwent his examination In chief and
nearly completed his cross-examinat,on
IN the remaining two hours and twenty
hve minutes. actual court time
I waite. the man around whom every
thing centred. passed through the day
as calmly and apparently as undsturbed
as any person in the court room. He
might have been an idle spectator or a
hardened court attendant for all the
personal interest he displayed.
Clean shaven. neatly attired In q blue
serge suit. with immaculate linen and
carefully manCured nails. Waite could
smile at the replies OF some of the tales
men and he could even laugh aloud when
one talesman said that he was de.
cidedly in favor OF capital punishment
| for this particular case"
smiles Rt Talk Of Death
lie made some humorous observation
TO his counsel seated next to him when
the man who had worked on the first
electric chair ever built for this Stat.
was excused. The accused man glanced
up only casually when the District At
torney sprang a surprise by saying tina.
he would produce witnesses to show
that on the night Mr.. Peck died Waite
had saturated a handkerchief with
chloroform. which he first placed over
the nostrils and mouth of the dying
man. and upon that he had placed
heavy pillow upon which he bore down
hard.
The dentist lost all interest when DR..
Moore step by step told OF the growing
consciousness of the defendant that the
law was after him: how the cremation
plan. stopped by the mysterious I. X.
Adams letter had brought the man back
to New York his half veilcd move
ments and attempts to evade. and finally
his terrific doses OF coal tar heart de-
presents which passed Off under the
scrutiny OF the officers OF the law.
The head OF the defendant was seen
to nod at one stage Of his examination
and close observer saw that the mans
eyes We're closed and he was enjoying a
little nap. There was nothing hrazcn,
, apparently no pretrnce, no particular
concern In the actions of his counsel, no
consultations with them.
When called upon TO confront a Juror
.. under the ancient rules Of law Waite
would first gaze straight into the eyes
OF the man and then drop his own eyes,
but stand immovable. his arms folded
He kept his arms folded nearly all day,
! occasionally increasing them as no
: nicked a spot of dust from his coat
sleeves or meditatively rubbed one knee.
No Delays In the Court.
1t was all business in the Criminal
, Branch OF the supreme Court from the
, place. District Attorney Swami with
/ his assistants. George y Brothers John
T. Dooling ana Francis y. Mancuso,
, had entered a little while before with
y attendants bearing large packets Of cvi.
dence. Walter r. deuel. ana Joseph +.
|, Crater, who are defending the man.
came an instant Later
In the meantime Warren Wa.'c ani
Frank A. waite. father and brother re.
= spectivelv of the defendant, both mon
who SHOW tho strain Gar more than tho
son and brother, sat in one LITTLE
enclosure, while Percy Peck, son Of IN"
. dead man. and his wife sat 10 on" side
. behind another railing Seated ~
!, various parts OF the court room were
;, DR. Mahon. alienist for the prosecution
: who will he aided hy nrs, Smith Fly
u Jelliffe and Mnas Gregory, pr, pcf"u
e dorfer and Dr. Allen Ross, upon whom
u Will depend the insanity defence OF the
a prisoner.
y There were only "A few spectators, fn'
Justice Shearn told Capt. James r.
Kavanagh head Of the court squad, that
there would he no morbid domoustra
tions at this trial ami capt. kavanagf
Is seeing that tNc morbid do not get IN
y. They nave bcnched OF the corridor out
!. side the room and placed at the stair
10 WAYS policemen. who hold up all cXcep
those who have n RIGHT to enter
Mrs. Arthur Warren Waite had come
. TO the court early in the morning, hu
- mad been excused for the day. Mrs
Margaret Horton. who will play an i'm
u portant part in 'hc trial was within
e telephone call. Many of the wtnesse
Will come to-day The trial 70 arrange