The Waterbury Democrat., 1939-01-07
Stage Finally Set For
 Start or Fraud Trial
Juror, Summoning of New Panel Climaxes Hec-
 tic Day in Conspiracy Hearing.

Rapid recovery of Superintendent of Streets Thomas J. Fleming from a state of collapse yesterday due to nervous exhaustion, followed by the quick selection of two extra jurors will set the stage for the presenta- ton of first evidence in the Water bury conspiracy trial.
 The ordinary jury of 12, includ- ing eight men and three women was completed at noon yesterday with the acceptance of Clarence Beisiegel, fl, of Woodbridge. Short ly thereafter counsel for state and defense stipulated to the procedure of obtaining two alternate jurors who will serve in the event any of the regular panel become physical ly unable.
 Cracked Under Strain
 Supt. of Streets Fleming, whose collapse was described as directly traceable to the strain of the trial and worry over his work, showed marked improvement late yesterday, but was ordered to his home by Dr. Joseph F. Burke. It was reported that he slept but little Thursday night, due to worry over road con- ditions in Waterbury when a heavy rain was falling and partially freez- ing.
 After collapsing at 12:55, he re- mained in court until 2 o'clock when juror number 12 was sworn in. Unless he is physically able to attend court Tuesday morning, the proceedings will have to be delayed Judge Inglis will not allow court to proceed until all defendants are present.
 The stipulation for the acceptance of the extra jurors was signed by all counsel and defendants just be- fore 2:30 yesterday.
 It provides A extra challenges to state and defense. With 37 chal- lepgeS remaining from the first al- lowance of 176, the defense will have 81 available in obtaining the two alternates. The defense will have 93..
 Three hundred and 666 venire- men and women were questioned before the regular panel of F was finally obtained.
 Stipulation
 The complete text of the Stipula- tion, as reached yesterday is as fol- lows:
 Stipulation of the State and All
 Df EA nrAfnc nafnvnAnv1f fn
 provide For Two Alternate
 Jurors to Prevent Mistrial
 Through the Death of Disabil-
 ity of Jurors.
 It being the judgment of the subscribing parties that the trial of the above entitled case is likely to be protracted, it is stipulated and agreed by and among all of the parties to this action as fol- lows, to wit:
 The Court may and shall direct that after a jury of twelve has been selected for the trial of this case two additional jurors shall be selected and impanelled to be known as alternate jurors" Such alternate jurors shall have the same qualifications and be select ed subject to examination and challenge in the same manner and to the same extent as the jurors constituting the regular panel. Each defendant shall have ten peremptory challenges in- stead of the eight peremptory challenges allowed by law, and the State shall have the same to- tai number of peremptory chal- lenges as all of the defendants.
 The two alternate jurors shall be sworn separately from those constituting the regular panel and the oath to be administered shall be as follows:
 You Solemnly swear by the
 name of the ever-living God, if
 called upon to become mem
 Der of the jury to determine
 this cause, you will, without
 respect of person or favor of
 any man, well and truly try,
 and true deliverance make, be-
 tween the State of Connecticut
 and the prisoner at the bar,
 whom you shall have in charge,
 according to law and the evil
 dence before you; your own
 counsel, and your fellows, you
 will duly observe and keep; you
 will speak nothing, to any one.
 of the business or matters you
 have in hand. but among your
 selves, nor will you suffer any
 one to speak to you about the
 same, but in court: so help you
 God.