New-York tribune., 1920-01-28
Newberry Trial
Is EnIiyened bv
Spat Over jury
Littleton Attacks the Ques-
tionnaire System, but Is
Overruled After Sharp
Clash With the Court
Many Defendants Absent
Storm Delays Preliminaries
Of Hearing That Promises
to Continue for Months

GRAND RAPIDS. Mich, Jan. 27--
SHowbound trains operated to delay
until tomorrow the process of jury
selection in the trial of Senator Tru-
nan II. Newberrv and 1913 co-defend
ants when the big political case was
salled In the United States District
Court here to-day. A dozen Of the
respondents failed to answer at the
roll call just before court assembled
but many of them arrived tonight on
u train which had been stalled in the
snow.
A motion by the defense challenging
me array of the jury panel was entered
and denied when court convened. the
process bringing sharp spat between
Judge Clarence W. Sessions and Mar
tin w. Littleton. of New York, one Of
thc senior counsel for the defense
, The court said the language of the
challenge was untruthful and added:
Documents filed with this court must
re truthful"
Ny integrity is just as precious as
the courts" said Mr.. Littleton, and he
promsed the Judge "a general battle"
on the point. The engagement, how
eyer, failed to develop beyond the
skirmish stage.
One OF the half hundred or more de
tense attorneys objected to the seats
assigned newspaper men, saying the
press had been favored above the bar.
Judge Sessions assured him the ar
rangements had been passed on in adj
'ance and that they would stand
Six Defendants Absent
The opening of the much heraldcd
trial lacked spectacular incidents. The
defendants, attorneys, newspaper men.
court officers and Jurors packed the
corridors Of the building, but spec
tators were notably absent. There was
no room for them in the courtroom
and not more than q dozen used the
standing room in an open doorway
after the proceedings started. Mem
bers of the judges family had seats in
a corner near the bench.
Half an hour before court convened
members of the jury panel were herded
INTO room across the hall from the
court, and few minutes later the de-
tendants wena ordered into the cou.t-
room. Senator Newberry found chair
IN the rear of the room.
Attorney Mich OILS entered the defense's
challenge to the array Of the jury panel.
Judge Sessions teok immediate excep-
ton to the language Of the challenge
so far as it stated that the order of
procedure was "unknown' TO the de
tense.
81 read that order to all attorneys at
consultation III my office" said the
court
- "iou do not mean I was present ?"
queried Mr. Littleton.
II mean that you were present" re
sponded the court "Gent,omcn. docu-
ments filed here must be truthful"
"My integrity is just as precious as
yours snapped the New York at
torney. 81 can promise you that when
the proper time comes we will have a
battle on that point"
Very we'll, sir" said the Judge.
The judge finished reading the docu-
ment without further comment, and
Mr. Nichols then gave his list of
authorities for the motion. In his ar
gument. as forecast yesterday, he
stressed the method of selecting the
talesmen.
Judge Defends Jury System
THE procedure in selecting the
= Jurors, except for one slight exception
has prevailed in this district for a score
:, OF years at least" said Judge Sessions
sin denying the challenge. "The county
and court clerks are in the best posi-
- tion to select names of competent men
to serve as jurors, and this court is
very proud of the fact that in the past
by this method we have had better
juries in Federal courts than in county
courts.
lie said that $50 extra jurors were
drawn in this usual way but "subse