The Washington times., 1939-01-23
HINES JURORS
.BE:iHNG BE:HN CHOSEN
FOR new TRIAL
Limitations Statute Is
Cited by Defense
By JAMES L. KILGALLEN

NEW YORK, Jan. % U.N.S0
Tammany District Leader James
J. Jimmy" Hines was brought to
trial for the second time today by
District Attorney Thomas E.
Dewey, whose first prosecution
ended in a mistrial last September
IL. Dewey charges that Hines was
the political "fixer" Of a $40, ,000,-
O00-a-year policy racket operated
by the Dutch" Schultz mob for
several years.
The second Hines trial opened
before General Sessions Judge
Charles C. Mott, jr. The first trial
was before Judge Ferdinand Pc
cora.
FEELS FIRST RATE"
Hines, silver haired and ruddy-
faced, entered the courtroom
flanked by lawyers, including his
chief counsel, Lloyd P. Stryker. He
remarked to newspaper men:
II feel first rate"
A blue ribbon panel of $50 tales
men had been summoned for pros
pective jury duty. The Judge an
nounced he would hear legal ex-
cuses" only.
A Gordon of police guarded the
courtroom door. In contrast to
last summers trial, when huge
throngs stood outside the Supreme
Court Building, there were no
crowds Drawing today's wintry
blasts.
Both Hines and Dewey radiated
confidence. Hines whispered ami
matedly to his lawyers while
Dewey went through card index
file.
LIMITATIONS INVOKED
Judge Mott proceeded with the
selection of the jury without act
ing on defense motion asking
that the conspiracy count in the
indictment against Hines be dis
missed on the grounds that the
two-year statute of limitations has
nullified this count. There are
twelve other felony counts in the
Indictment but the conspiracy
count is the backbone of the
States case.
It was indicated that Judge
Mott would not give his ruling on
the defense motion, which was
filed on Friday, until after the
jury is selected, Dewey has sub
mitted a brief in opposition to
the defense motion.
READS LAW
Judge Mott read the law to the
blue ribbon panel, which was to
the effect that the forming on an
impression of guilt or innocence
is not sufficient ground for excus-
ing a taleSman if he declares,
under oath, that such an impres-
sion will not influence his YER
dict In the re-trial Of Hines.
Dewey then read the indict-
ment to the assembled talesmen,
and the tedious task Of choosing
the jury began.
The first trial of Hines ended
abruptly on September IL last
when Supreme Court Justice Ferd-
inand Pecora ruled that Dewey
had overstepped the law in his
cross-examination Of a defense
witness. The trial had been in
progress about three weeks and
the defense was just getting under
way.
Dewey announced at the time
that he would retry Hines. AL
though he had rested the States
case he did not put on the stand
all the prosecution witnesses that
were available.
TO CALL MYSTERY WOMAN
He now plans to summon sew
eral surprise" witnesses, one OF
them a mystery woman" The
prosecution, however, has been
weakened by the fact that the de-
tense has a pretty good idea OF
Dewey'S case and is in a better
position to present strong de-
tense than at the first trial.
The conspiracy count forms the
backbone of the States case. In
effect it charges that Hines agreed
to become political "fixer'' for the
Schultz mob at a $1,000-a-week
retainer.
The other counts in the indict-
ment charges that Hines con-
trived, operated and drew a lot
terry. The chances of presenting
q conspiracy case on the lottery
charges would be materially weak
ened if the conspiracy count were
dismissed.