Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-11-25
farmers BALK
y AT HERR|N Jury
Admit Unw;llingness to Sit in
Judgment on Mine Mas
: sacre Case
PRIVILEGE, JUDGE AYERS
BY a Staff Correspondent
Of the Evening Public Ledger

UHly IOur Jurors actually in the box,
1t Is likely this number will not he
exhausted today. Arrangements will
be made however, for the summoniny
Of another special v"nire for Monday.
So far. go vcnircmen have been
called. actually 132 have been ey.
amined. Death. incoulnctency of one
sort or another. and sickness excused
the Others before they reached exam.
nation.
Yesterdays sessions were full of in.
terest. though they yielded no new
Juror. after State broke panel by
peremptorily challenging Berry Draton.
q far,ier. whose son is miner and
wbo has waited since ea.ly last week
a. a tentative juror. States Attorney
Duty exnmined v"nirrmen. Four farm.
ers were excused in short order for
having fixed opinions" and then State
rendered a panel OF four.
But defense broke this panel bv
peremptori'y challenging Ernest Lind
sey. a farmer. and was forced to take
the lead In examinations. Defensc's
probing dragged wearily
Pertinent questions a. 70 the farme~.
veniremans ''pr"judicc' and his
'Ornion on the lawfulncss or unlaw-
fulncss' of the riot!ng ar the Lester
"trip mine last Juno. w"r" deferred
till at". mary other less Devastating
questions had beer asked.
Cpwill,ng to Sit In Jury
Tnonns Graves. young farmer. was
obviously not anxious to serve. El-
jovial Russ \eely. examining for the
defense. refused 70 give him m"
"risht" query. Graves. impatient and
unsolicited. finally mumhlel he
"wouldn't no a Juror.
''i"u don't want 10 sit in this case.
DO you?" asked Lawyer Nicely.
''No." bIurtcd Graves. and the priS.
oners laughed loudly. George White.
assisting the defense. furtivciy frowurd
the laughter Of the five defendants
down.
James Rrim. an Old farmer. was
asked by tho defense whether it would
make any difference 10 him that this
"trouhle" grew OUT of n labor dispute.
lie did not quite understand the u,ls,-
emphasis. Yes, it grew out of vio-
lence.''
Attorney Nsely raised his hand.
~ don't wan- you TO express your
opinion" he explained. II meant.
have you any prejudice against or.
garized labor
With almost desperate CONVECTION.
Brim cried. "No. No." Defense con
tinued the examination of Brim for
Tnny more minutes and in the emo
said "You don't want to sit IN this
Jury. either. do you
No. ! want 10 get mp and get out
Of here replied Brim. II have an
opinion and I've expressed it,
Judge Hartweil interrupted the
Jurors.
Jury Service Is Privilege
II want you 70 remember ms" adj
nonshed the Judge, who objected 20
the jurors apparent desire to run away
from Jury service III you had a farm
and II burned up. you would he mighty
glad 20 be- able to get a jury instead ~
one man 10 give YOU your insurance.
It's a privilege thar we didn't always
have. Blood was she'd before it"
Listen here. Judge GUY in Brim
i've an opinion and I've expressed
II didn't want 10 seem to rcnrimand
you" said the Kindly Judge. "You re
an older man than I am. II you'v" II
fixed opinion, it was right for you to
tell US. You're excused.
At 3:l5 Defense Attorney Neely
began examining I'd Cuibrea,h. q
He hH. an uncle and Il brother Who are
coal d!ggers.
Nicely questioned this man thrce.
quarters OF an hour wirhout asking him
the one pertinent question about his
opinion and possbl" prejudice. and
without asking that question, he PASSED
Culbr"ath to the State for examination.
State easily helped 'ulbrea'h admit
that he had "prejudic"d opinion on
the killing.
That's all want 70 ask" said
Charles W. Midd!ekauf, examining for
the state.
Defens. attorneys then conferred for
three minutes. After III" conference,
Attorney Neely said: "Oh. yuH Y" rx
pressed an opinion on that s"oro:'
Culbreath, unsmiling, replied clearly
Eyes"
''Guess veil have to excuse YOU
said Nicely, and that was n +;l',. one
hour after hs had begun with 'rlbr"uth.
TooAYs MARRIAGE LICENSES
Hugh e. vulhy sos Cs!.owhiI st, and
Mar '. McNau". a3t "a College ave
Fred PsChts f!94 oh"lnyut" ave, an'
Harry NJ Ra-A-r .'oT 22t -. al"