Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-03-15

all three defendants together.
Defendants win Point
The request caused q stir in the
courtroom. II had been expected that
the district attorneys Office would com.
bat any suggestion that all three be
tried together. or even that the girl and
Moss be tried Immediately after the
Treadwey case has been disposed OF in
order 10 keep Boots and Moss in
custody as material witnesses until
"Al' Elliott is captured
Attorneys for Boots and Moss
were on their feet instantly with OBJ.
jections. They explained that the de-
fense offered for their clients would
differ materially from that offered for
Tresdwny. and asked severance.
Judge Audenried granted this re.
quest readily Thereupon MIR. Speiser
announced that Moss would be placed
on trial Immediately after Tresdway.
and rhe girl later.
The selection Of Jurors was then be.
gun. The first venireman drawn was
Robert Boyce. carpenter. Of 6O2p
Rising Suu avenue. He was excused
by mutual consent Of counsel because
his hearing was defective. Alexander
McBain a plssterer. Of $3.50 Fairhill
street. was challenged by the defense.
sides was william NJ Liudele. He was
ordered to take q seat in the jury box
and became foreman.
Conrad r. \eif. who was chosen as
juror No. .. was accepted only after
he had been questioned for n long time
By Mr.. Patterson and Judge Audenried.
He said he objected TO capital punish
ment. but finally agreed that he would
find n first degree verdict IL the evil
ynl Dat Ok al
him IL be would enter the jury box with
6Ied opinion in the case. and he
answered atirmatively.
Jurior Is Accepted
He changed this when cross ques.
TONED by the Judge. only to return to
his original answer when questioned
once more by counsel for Treadway.
After a lengthy examination Mr.. Pat.
terson challenged for caus.
For the last time. said Judge
.Audenried II overrule the challenge.
Then for the first time. retorted
Mr. Patterson. II ask an objection.
It's granted. said the judge,
smiling. ''I'll give you as many objec'
tions as you please.
The selection Of jurors proceeded
rapidly with n challenge here and there.
but with surprisingly little delay con
sideriDg the gravity Of the case.
John =. Black was chosen a. juror
No. 3 and Owen Scott Ms No. 4. Then
came Albert Rein. No. J: George Cru
Der, No. 6. and William WelCh, No. :,
all accepted without unusual incident
Twenty seven jurors had been exam
ined before talesman was called who
admitted having unshakable conScieu.
tous scruples against capital punish
ment. He was II. +. Garrigucs, a
clerk Of 6sO6 North Eleventh street
He was challenged for cause by tho
commonwealth. and the challenge sus
tained.
Against Death Penalty
J. Saylor Gabel. twenty two year
old accountant. of 23O5 North Cleve
land avenue. also declared his con
science would not permit him 70 find n
verdict Of guilty where capital punish
metp would be the penalty.
Are your scruples based on your
unwillingness TO take part in this trial?'
asked Mr.. Speiser.
The tslesman admitted that this was
III the evidence warranted, insisted
Mr.. Speiser. would you find a verdict
Of first degree MURDER
II would not" answered the Juror
He was challenged for cause. and
the challenge allowed However, Judge
Audenried turned 10 the talesman and
said: Young man, you had better take
counsel and train your conscience 10 do
lawful things"
Crowd on Hand Early
The advance guard Of spectators was
outside rhe courtroom long before 3
o'clock. Judge Audenried had given or
ders that no one was to be admitted
unless he came with proper credentials.
Fourteen City Hall guards were sta
toned in the south corridor on the
fourth floor and kept II clear. Only
witnesses with subpenaes or others who
could show business in the court were
admitted.
Women Who came early seeking ad-
mlttance as spectators were turned
away. The courtroom soon filled to
capacity with the members of the
,enire, from which the iurv would be
chosen, ana the witnesses in this and
other cases summoned to appear.
Boots and Moss were brought up
from Moyamensing prison in advance
Of Treadway. They rode in the same
prison van. but in different compart
ments.
Elaborate precautions were taken TO
keep the prisoners from communicating
With each other. Boots was taken TO
tne women part or fne HherlH cell
room and turned over TO the custody Of
Mrs. Larry Doyle, the matron.
Ross Rogers, the sailor husband Of
Boots had come over from New York
10 see her. and vas waiting ia the
sheriff's cellroOm when she arrived. He
was permitted to greet and talk 10 her.
They kissed and Boots seemed glad
to see her husband again. She chung
10 him for a moment before she was
taken to her cell, and seemed 10 a more
cheerful frame Of mind for the few mo
ments' conversation.
Until the trial opened Treadway and
Moss were locked up in cells as far
apart as the facilities Of the sheriffs
celroOm would admit Moss in the first
and Treadwsy in the last cell Of the
tier.
DEbDTE RJ aC JIIIyyrIlf