The sun., 1919-04-08
Y JURORS FOUND
FOR FRICKE TRIAL
Ruling by Judge Mayer Will
Expedite Examination of
y Talesmen To-day.
TREASON Is THE CHARGE
Defendant q Naturalized Citi-
zen Who Was an Early
Partisan of Germany.

Four Jurors were obtained yesterday
for the trial of Albert Paul Fricke on
the charge of treason in the Federal
District Court before Judge Julius NJ.
Mayer A ruling Of the court expedited
the elimination of talesmen. The selec-
tion Of jury may be finished to-day, by
Tomorrow Of a certainty.
The Jurors chosen are Edward d.
Hooker, engineer, 10 East Thirtieth
street; Fred l.. Rogp, publisher, 7ss
West End avenue Charles w. Rubiens,
linen goods. SIT West End avenue !;
James Roach. foreman, los East 1868
street.
Judge Mayors ruling, which insured
tho rapid selection Of a jury, came at
the end OF the day. The examination OF
many talesmen had left the box with
twelve men who had not been excused
for cause or by agreement between OPP
posing counsel. The court ruled that
each side might exercise all the peremp-
tory challenges it pleased and that the
men left in the box would be pernian emit
Jurors. Thomas ]. ONefll. counsel for
Fricke. argued against this ruling, but
Test Question Is Put.
Mr.. ONeill exercised six of his twenty
peremptory challenges. De Lancey
Nicoll. special counsel for the Govern
ment. used two of six. Talesmen were
examined at length into their war ac-
tivities. their membership in societies,
their newspaper inclinations and their
feelings toward naturalized citizens.
Fricke was naturalized.
I'm examining talesmen, Mr. O'Neill
put this question Would you, every
thing else being equal. give the same
credence to the testimony OF an enemy
alien that you would to that OF an
Americana?
Mr.. ONelli explained that the prose-
cution would Introduce witnesses Who
are American citizens. The testimony
would be contradicted, he said, by wit
nesses for the defence who are enemy
aliens.
Il think the question Is improper
said Mr. Ncotl. The prosecution will
call enemy aliens as witnesses, possibly
more of them than the defence does,
The conjunction Mr.. ONeill speaks OF
will probably not arise"
TT Is quite likely to-" said the lawyer
for Fricke.
Judge Mayer permitted the question
to be used.
Neracity to He an Issue.
William H. Daily alternated with Mr..
O'Neill In questioning talesman for the
defence He explained to talesmen that
the trial would bring issue of verac!ty
| between Fricke and Ben A. Matthew'S
Assistant United States Attorney. He
asked talesmen II Mr.. Matthewss word
| would be given greater weight because
OF his official position.
Mr. Matthews conducted the Ora nd
Jury Investigations that grew out of the
| arrest of Herman Vessels and Nine.
Marie de Nictorica, alleged German
spies. He filed an affidavit that he did
| not compel Fricke TO become a witness
before one of the Grand Juries.
Mr.. ONeill asked talesmen IL the
fact that Fricke had favored the Ger
man cause and took part in German
activities before the United States be-
came belligerent would prejudice them
| against him. Judge Mayer explained
| that Fricke had right to be active
| in the German interest before the United
| States entered the war, provided his
activities were lawful.
| Before the United states entered the
war persons had n right to dispose OF
| money for German propaganda" added
Mr.. O'Neill, looking at the court for
| confirmation.
Broadly stated. yes" said Judge
| Mayer