New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-04-26


Yesterday afternoon. and before the
trial is far advanced the names Of Cap
tain Boyd and Captain Won Pspen'
the dismissed and discredted attaches
Of the German Embassy, Will be intro
duced by the government.
Lieutenant Robert Fay. said 20 he
he leader Of conspirstors, took
prominent part in the selection Of the
Jury which is TO try him and his two
alleged confedcrates, jointly indicted
on ak counts charging conspiracy TO
blow up ships carrying munitions 20
the Allies. and 20 despoil insurance
underwriters. They are also accused
Of conspiring 10 commit murder and
assault upon tho high seas. On this
charge they may be tried later.
Fay's brother-in-la Walter Schoiz,
and the third defendant. Paul Dseche
loft Fay 10 act as spokesman with their
counsel. Addison s. Pratt. ex-Judge
Henry /. Unger. Benno Loewy, Patrick
II. Mcdonald aad John ". Ockford.
motion made at the opening of court
for a separate trial for Daeche was de
MED by Judge Howe, who stipulated
that it might be renewed as the tria!
progressed.
Crowd Kept from Room.
u was the fret time in years that
3 Jury was chosen in the United states
Circuit Court in this jurisdiction IN
an important case where the courtroom
was lot crowded with spectators. Hun
dreds were turned away by court at
tenants. Judge Howe having issued
instructions that only jurors, counsel
witnesses and newspaper men be ad-
mitted 20 the courtroom.
Thirty-eight Of the panel OF forty
tnlesmen were examined before the
twelve were chosen, and clashes be
tween John {. Knox and Roger r.
Wood. representing the government,
and counsel for the defence, were ire
quent.
All the prospective jurors were asked
what secret and fraternal organizations
they belonged TO; II they had formed
any opinions as 20 the merits Of the
Allies and the Central Powers. and II
they were prejudiced against the de-
fendants because they were Germans.
Seventeen Of the thirty-eight confessed
10 being so Intensely pro-Ally that
they we're excused By the court -Four
other pro-Allies who found their way
into the jury box were peremptorly
challenged by the defence. while only
three of the five challenged peremp-
torily by the government announced
themselves as pro-German
One Pro-GermAn Juror.
The present jury has only one pro
German, James {. McShane. Inc lore
man, Howard Nj. Patterson, OF IRISH
-
himself as pro-Ally. Jurors No. and
No. said that az their sympathies
were anywhere they were with the Al
lies" Nos. 8, II and ~ said they were
neutral. No. 10 said he had no opinion.
Nos. Q 2 and confessed 10 pTo-A!y
svmpsthies. while No. said ne had
mo strong sympsthies either way
McShsne afforded little amusement
while being Intercepted by Judge
rug.r. for The defence. He was asked
II his work had anything 20 do with
the war.
What Is your occupation" asked
Judge Unger.
| Manager"
cor What sor, Of work :"
Muslin underwear.
Fav. who had been serious FOR hours,
suddenly laughed. and for the next half
hour his face would break into smiles
every now and then.
One pro-German who was challenged
peremptorily by the government was
Charles A. Wend- Of Ills Taylor
Street. Tbs Bronx. In response 10 q
question OF Assistant District Attorney
Knox. Mr.. Wendt said:
II was born IN Germany, and blood
IL thicker than water
Government Protests.
TIE questioning of tslesmsn regard
INK their loaningS in the war was m
troduced By Mr. Pratt for the defence
over tho protest Of the government at
,orneys Mr. Pratt forced his point
homo by observing that jurors were no
more than human and that strong pref
udice on either side IN tho presen, wsr
would unconseiously warp their ludg
ment
The fret tslesmsn examined gave
/ Lieutenant Fay much concern. he wa
Henry 7. Draper. a retired stock dealer,
ard told counsel FOR the defence that
h. was London born. but was neutral.
Fhy riyetsd his eyes on Draper, and no.
until a persmptory challenge By the
defence hours later forced Draper out
did Fay stop mis- occasional gazing al
seat No. |.
One problem that the defence will
have 20 solve 10 how 20 eountersct the
admission that Lieutenant Fay made
when first arrested. Taken by eomplete
surprise, he then admitted he was n
German secret service agent and .
Lieutenant IN the Germsn army, and
that ht Ne, plotting 20 destroy mum
fions-csrrj ing ships by bomb Of his
own making.
When ~. trial % Fay, Scholz snd
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