The New York herald., 1920-01-28
LITTLETON IN CLASH
ON NEWBERRY JURY
Attorney Accused by Judge of
Using 'Untruthful Language
in His Challenge.
8 DEFENDANTS SNOWBOUND
Trial Delayed as Reports Show Trains
Held Up by Blizzard TO Get
Under Way Today.


GRAND RAPIDS Mich, Tuesday,
The trial Of Senator Newberry and l2S Of
his associates in the 1918 Senatorial cam
paign will. it is predicted tonight, get
into full swing tomorrow morning. Half
dozen defendants who had been stalled
on snowbound trains reached the city to ..
night, The trains had been held for hours
in snow filled cuts and arrived covered
with snow and ice.
At the morning session thirteen defend
ants and t@enty-four talesuen failed to
answer roll can Tonight the list of miss
ing taIesnen had dwindled to fifteen and
five of the defendants still were absent.
Three OF the missing defendants had sent
kilograms that their trains had been
blocked by snow. The other two had not
been heard from
snowbound All Winter
1t was said of orc OF these, whose home
is sixteen miles from the railroad, that
The might be showed in for the winter"
Defence attorneys, led by Martin w.
Iittleton, saw in tho delay tho possibility
OF their associate, James Murfin. reach
ing here from his sickbed in Detroit before
any Yitally importane stage of the pro-
ceedings is reached. Mr.. Littleton in
formed the court that he reserved the
right TO move for few days postpone
Jnent of the trial IN case there is no de-
c.ded change for the better in Mr.. Murfin's
condition by tomorrow. Judge Clarence
w. Sessions has indicated his unwilling
ness TO halt the proceedings on this ground.
Beginning tomorrow the court win oper-
ate on special trial schedule. Morning
sessions will be called half an hour ahead
of the usual time and will be continued
without recess until neon. The afternoon
proceedings will start at two o'clock and
last until at least half-past four p. NJ BY
this methrd the court day VIII embrace at
least five hours.
Estimates as TO the time that viii be
needed. to select the jury ranged from
three days TO ten
Newberry MT TrinI-
Senator Newberry found a chair in the
rear OF the room at the morning session.
Roll call followed and thirteen absentees
were. recorded then. or this list Elmer j..
White is i'll at Traverse City and most
of the other dozen were reported aboard
a train stuck in snow drift some miles
out of Grand Rapids. Most of these men
were from the Upper Peninsula
Judge Sessions said because of these
absentees impanellins Of the jury would
be postponed until two u. NJ Mr.. Little
ton advised the Court that Judge Murfin.
the Detroit attorney. was improved. but
that his condition was still problematical.
l.tfe 50 ld Oe WOulO make no fnOuOn III lle
premises until definite word was received.
\Attorney Nichols then entered the de-
fences challenge to the array Of the jury
panel. Judge Sessions took immediate ex-
cepton to the language OF the challenge
so far as it stated that the order of pro-
cedure was unknown to the defence.
Il read that order TO all attorneys at
consultation in my office" said the Court.
You do not mean l was PRESENT.
queried Mr.. Littleton.
Demands Truthful Documents.
II mean that you were present" re-
spo nded the Court Gentlemen. docu-
ments filed here must be truthful
My integrity is just precious as
yours" snapped the New York attorney.
IT can promise you that when the proper
time comes we will have battle on that
point"
Very we'll. SIR" said the Judge.
The judge finished reading the docu-
mtnt without further comment and Mr..
Nichols then gave his list OF authorities
fer the motion. In his argument as fore
cast yesterday. he stressed the method OF
selecting the talesmen.
Tho procedure in selecting the Jurors,
except Hor one slight exception. has pre-
vailed in this district for a score OF years
at least said Judge Sessions. IN denying
the challenge.
lie said that $50 extra Jurors were drawn
III Ni4iS lSAftl Ndys nut subsequently l1cTe
vas a departure in form but not in sub
stance"
lie explained that this was n notice on
the back Of the summons that excuses
from jury service might be sent TO the
court in advance by mail. To shut off
flood of such excuses a QUESTIONABLE
was prepared, and Judge Sessions said
that as the returns came in lists of the
allowed excuses were given TO counsel on
both sides. lie said that all except one
of the i3j men who reported for jury SER
Ice yesterday had filled out their ques-
tionnaires.
Certainly he said, these defendants
cannot expect to be tried by a jury of
relatives intimate friends. business asso-
ciates or men who took active part in the
1918 Senatorial campaign. II was such
Information that the Gucstionnaire brought
out. I think that fairness viii appeal. TO
every man OF intelligence.
1T would have been an id'e thing and
expensive 10 ask 80 men TO come here
and so into tho box and give excuses
which in +tafte Tf frHrrut tffiad them -