New-York tribune., 1920-11-30
Backer Jurors
Will Be Locked
Up Each Night 9
Judge Rosalsky Announces
PrecautiOn With First
Criminal Trial Growing
Out of Lockwood Inquiry
Twelve Men Are Selected
Untermyer and Mooney
Clash Over Questions Put
by Committees Counsel

When the twelfth juror was chosen
yesterday in General Sessions at the
perjury trial of George S. Backer. mil
lo' aire builder, Judge Otto A. Rcsal-
sly told the jurors that beginning this
atternoon they would be locked up at
the end of each daily session until a
verdict had been reached.
The perjury charge against Backer
grew out of his contradictory testi-
nony at the proceedings Of the Lock
wood legislative committee and is the
first criminal trial brought about by
the inquiry. 1t is understood that
Judge Rosalsky decided to lock up the
jury each night because Of the great
Importance of tho case.
Clash of Attorneys
Questions asked prospective Jurors
yesterday by Samuel Intcrmyer, the
Lockwood committees chief counsel,
did not meet with the approval Of Ed
mund l.. Mooney. chief counsel for
Backer and a clash was the result
Louis L. Stern, connected with the
Atlantic Coal Company and living at
IS Fort Washington Avenue, had been
asked by Mr. Untermyer if he had read
of the Lockwood committees activities
in the newspapers. Stern aid he had
and asked to name the papers replied:
"Oh. different pspers.'
"Do you realize that the charge Of
perjury strikes at the very foundation
of society?' Stern was asked by Mr..
Untermyer.
MIR Mooney objected to the question
and persisted in his contention that the
charge o. perjury could not be inserted
Judge Rosalsky could rule on the ques-
ton Mr.. Untermyer told his adversary
he would change the form of the Gues-
ton If it WAS objected to.
DO you know he asked Stern, "that
prejudice and false testimony strike
a. The very foundation of justice? Do
you know that justice could not con-
tinue if perjury were allowed" ?"
Mr. Untermyer then explained the
preceding questions to Stern IN the
following fashion: "A~sumc a man
was put on the witness stand and had
testified to one thing and then when he
found he was trapped testified to an
other story, how would that affect your
Judgment as q juryman ?'
Stern Taken as Juryman
Mr. Mooney again objected to the
! questions, especially to the word
''trappcd,' and was sustained by Judge
Rosalsky, who suggested to Mr.. Inter
nyer that the questions be amended.
The examination Of Stern was then
taken up by Mr.. Mooney. who asked
whether Stern was married, and re-
ceived the response, "Yes, very much
So" Stern was accepted as a juror.
The other jurors selected yesterday
were Harry s. Johnson. 524 Wet lS4th
Street, clerk in the Hanover National
Bank; Sidney Sachs, S6 West 1l9th
Street, manager Of neckwear ostab-
( lshmcnt; William L. Ilowi.z. 81 East
122d Street. manufacturers repre-
sentative; Louis Oppenheimer, 1870
West Forty-sevonth Street. q manu-
facturer Of lace; Louis f. Stern, IS
Fort Washington Avenue; Charles
Windt. t53 East Ninety-second Street, a
travelling sale man; Joseph Kelly. i'll
West 121th Street, clerk in the Corn
Exchange Bank, and Herman Epstein
20 East Eighty eighth Street, a com
mission merchant.
The trial will be continued this
morning