The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-03-28
nurse SObS in TRIAL
FOR Staying LAWYER
Olivia Stone Weeps Anew
When Name of Kinkead,
Her Victim, Is Quoted.
TEN JURORS FIRST DAY
Tnwritten Law Is Defense:
Men With Daughters or
Sisters Are Sought.
CROWDS VIEW ACCUSED
Widow of Former Corporation
Counsel of Cincinnati Is
Not Vindictive.
CROWDS VIEW ACCUSED

Miss Olivia Nj. Z. stone, trained
nurse, formerly Of Cincinnati, was
placed on trial yesterday before Justice
Aspinall in the Supreme Court in
Brooklyn, charged with TIE murder
OF Ellis Guy kinkead, lawyer and
former corporation counsel of Cincin-
NATL at South Elliott street and La
fayette avenue in Brooklyn on August
8. Ten jurors had been tentatively
selected when Justice Aspinall ad-
iourned court until this morning.
Questions asked prospective jurors
by Edward j. Reilly, attorney for Miss
Stone, indicated that the unwritten
law will be the basis of the defence.
Mr.. Reilly appeared particularly anx-
ious to obtain married Jurors with
grown daughters, or single jurors
witE grown sisters. and he invariably
asked talesman whether he thought
a man had right to take advantage
OF woman and then cast her aside
Many jurors were excused for various
causes, one because he had been
neighbor and friend of Martha Place,
who was executed at Sing Sing Prison
eighteen years ago, and thought he
might have been influenced against cap
ital punishment by this fact.
Miss Stone was very nervous when
she appeared in court with her attorney
and with Miss Nellie Treiner. matron
OF the Raymond street jail. She wept
almost continuously during the morning
session, dabbing at her eyes under
big black hat drawn down low over her
face, her sobs plainly audible through
out the court room.
Bursts often Into Tears.
Every mention OF Kinkead's name
caused a fresh outburst of tears. and
several times Miss stone became 50
overcome with emotion of hysteria that
she leaned forward and buried her head
in her hands. During the afternoon.
however, she became calmer and was
able TO advise with her lawyer regard
ing several OF the jurors. some of whom
did not meet with her approval
Mrs Marie Gormley Kinkead, widow
of the slain lawyer appeared in court
with Mr. and Mrs. Charles Whitlock Of
as South Elliott place. She was dressed
in mourning. When asked IL she cared
10 make any comment on the case, Mrs
Kinkead replied that she was not at all
vindictive.
1T will leave this woman to her Cod"
she said. Il do not hope for her con-
viction here | never knew her before
the death Of my husband. She nursed
him through his illness. and that is all
know of her"
Mrs Kinkead said that after the trial
she would return to Cincinnati and live
with relatives of her husband. She said
she did not expect to testify.
In examining talesmen, Herbert n.
warbasse, Assistant District Attorney.
asked each man If he would be in
fluenced in the rendering of a verdict
by the fact that the defendant was a
woman. He also impressed upon them
the necessity Of not allowing emotional
outbreaks during the trial to influence
them. He declared that the verdict
must be according TO written law. and
that the unwritten law had nothing to
do with the case.
Catch Glimpse OF Prisoner.
The corridors OF the court house were
crowded before the trial. but the ma
iority seemed TO be satisfied with the
glimpse they got Of Miss stone when
she went into the court room. Only n
small group heard the case with very
few women scattered here and there
among the men.
The talesmen were called in rroups
Of six and the first four were excused.
although each declared that ne had no
prejudice against capital punishment for
women. The first man accepted was
Charles +. Copeland a salesman, mar
ried. Of 20 Butler place. The others
were Solomon Newall, house painter.
1905 Fulton street Seth b. Ranrford
single. $50 st. Johns place Robert }.
Lockwood, a decorator. married OF 2S
Cedar street; David CLAM, single. an
insurance broker. OF 5S1 Sheffield
avenue; John +. Craig. a carpenter, OF
1918 Seventy-fffth street: Sidney Liv-
ingston, married, OF 1900 Avenue r.:
William y. German. married, or 345
Lenox avenue.
IL is considered likely that the de-
tense will go into Miss stones relations
with Kinkead In detail as showing
what the defense considers sufficient
Justification for the killing. Miss stone
alleges that she lived with Kinkead as
his wife in Atlantic City and other
places, and In a statement recently Isl
sued by her attorney II was alleged
that she was married to Kinkead in New
Jersey and that the marriage to Miss
Marie Gormley was bgamous.
The State charges that the murder
was premeditated. that Miss Stone car
fied the pistol with her for some time
md waited for Kinkead near his home
on the day Of the murder She fred
Ave shots at him. several OF them TAX
Ing effect.