New-York tribune., 1918-05-21
Objection Overruled by
Court, Talesman Is Chal-
!enged peserptorily
Eight Now Accepted
One Citizen Is Elected for
Making Speech Approving
Lynching
esosc:c. Dispatch to The gysbmne)

(Spec.cI Cispctch TO The Trsbune)
EDWARDSVILLE, Ill, May 20-The
patriotc sentiment which the defence
IA assiduously weaving about the eleven
men accused of lynching Robert Prayer
kept one man from the jury box to-day.
C. F. Dustmann, an Edwardsville
clothier, was protested by the defence
on the ground that he is summoned in
the next national draft and might be
prevented by jury duty from taking
lis place in the ranks. Judge Bernreu~
resorted to a peremntory challenge to
keep the man out of the box
Later however, a second venireman
OF the same draft call was accepted
both by prosecution and defence. Three
other talesmen. accepted by both sides
during to-day's session of court, make
a total of eight now ready to serve.
Dustmann, under questioning by
States Attorney Streuber, insisted that
as venireman he would be able to
give the case fair and impartial hear
ing Streuber was satisfied, and ten
dered him as the fifth member of
Jury that so far has been six days
in the making.
Challenged Because of Draft
The defence developed the usual
line Of interrogation in taking over
the man. "Do you know the meaning
OF LOYALTY ?" asked J. NJ Bandy, counsel
for the defendants. Dustmann said he
did.
"lf it were proved that Prayer was
an enemy spy would you take that fact
into consideration in determining the
Of his death ?"
evidence" was the answer.
Bandy scratched his head thought
fully, but before he had another ques-
ton ready Dustmann volunteered the
information that he expected to be
called soon for service. "I'll probably
be asked to report almost any time,"
he said That's the only reason l
know why can't serve on this jury"
" ask this man discharged for
cause" said Bandy to Judge Bernreu-
ter.
"On what grounds ?" asked the court.
"Why, because the government will
soon need him. We are not going to
keep any men out cf the army"
eve won't" said the court. "I've
just spoken to this mans draft board
and been informed that he isn't likely
to be summoned during the period Of
this trial If the call should come
sooner the board has agreed to make
allowances and send him on the camp
when we're through with him."
Four Men Accepted
guess We'll have to use a peremp-
tory on him." said Bandy.
The drafted man, who was taken
Iatpr for i11y 6,,+y
gartner, an Edwardsville clothes pres
ser. The other three accepted to-day
were ": c. Dippold. feed dealer, Ed
wardsville; D. W. Fiegenbaum, branch
manager Of National Pickle Company.
Edwardsville, and John Grospans. a
farmer, Poag, III.
Judge Bernreuter still is having Diff
hculty abating the speechmaking pro-
ciivlties Of some of Madison County's
citizens. One of the would-be tales
men stood up in the jury box day and
tried earnestly to harangue the court
room. Pm citizen and against Ger
man spies, and l want to say that l
thought those boys here did just right
IN hanging that man." He was dis
missed before he could finish, and
bailiff led him out of the courtroom.
special Deputies Argalus Stubs and
Ruth Wolf, appointed to obtain Jury
men in the place of Sheriff Jenkin
Jenkins. asked to-day to be relieved of
their jobs. Four hundred and five citi-
sss zens have been rounded up and ques-
noned since the trial began, and Stubbs
says ne sees prospect of subpenaing
an OF Madison County's 1000 voters
before the panel is filed. Judge Bern
reuter- said that he expected to have a
Iuii Jury. by Wednesday, In the mean
tlme ne has taken Stubbs's appeal un-
der consideration.
trouble was perhaps averted here to-
Gay by the sudden disappearance from
Town of the Rev. j. D. Metzler, of st.
1nonliace's Catholic Church. Father
Metzler's flight was a result of warn
pgs received from the Council of De-
renee after he had refused to lend the
esn!urch's Gnu! dishes for a banquet to SOL
oiers and sailors who took part in Sat-
ufoays Red Cross parade. ,
inc towns troubles with the Catholic
Priest are of old standing. He left the
c'ty once before after he had refused
70 70 ring the church bell according to
70: .ne new time when Congress set the
ume ahead. He remained away until a
week week ago, when he returned to his old