When Dever woke the next morning, he thought at first he was in a
lecture hall. Then he remembered. He got up, washed, and fixed his
hair with the brush and comb the sheriff had given each juror. He was
not given a razor. At eight o’clock a deputy appeared and took them
to breakfast.
Almost at the beginning of the morning session the seventh juror,
Lewis McHardy, an elderly quiet-mannered mill worker from Milton,
was selected. Seventeen more veniremen filed past the bench. Then
the sheriff informed the judge that his list of five hundred was
exhausted.
According to the General Laws of Massachusetts, if such a situation
occurs in a murder case after seven jurors have been chosen, “the
Court shall cause jurors to be returned from the bystanders or from
the county at large to complete the panel.” Judge Thayer cited the
statute and ordered Sheriff Capen to have two hundred more men
present by ten the next morning. The sheriff was doubtful. “They will
jump,” he remarked, “when they see me coming.” He was right. The
news got round, and almost before the afternoon session closed, the
streets of Dedham and the adjoining towns were deserted.
Capen spread his deputies that evening through Brookline, Needham,
Dedham, Norwood, Millis, Medway, Stoughton, and Quincy. They struck
at random, ringing doorbells when they saw lights in windows,
sometimes summonsing luckless veniremen from their beds. They
consulted assessors’ lists, voting lists, any list they could get
their hands on. In Needham nine unsuspecting men were picked up
coming out of a Masonic meeting. Deputy Allen Loring broke up a band
concert at Hollis Field, Braintree. Norman Gardenier of Quincy was
whisked away from his wedding supper. In spite of all this, Capen
managed to seine in only 175 indignant additions. He hoped they would
suffice. The defense still had twenty-nine challenges left.
Judge Thayer decided to remain in session until the jury was finally
chosen, no matter what the hour. Not until after midnight was the
selection finished. The five additional jurors were Harry King of
Millis, a shoemaker; George Gerard, a Stoughton photographer; Alfred
Atwood, a Norwood real estate dealer; Frank McNamara, a Stoughton
farmer; and Seward Parker, a Quincy machinist. By the time Parker’s
name was called the defense had used up all its challenges. Katzmann
affably offered to challenge Parker if Moore had any objection to
him, but Moore declined.
No sooner had the left-over veniremen been excused than Moore
objected to the five new jurors of the completed panel on the
grounds that none of them were bystanders, according to the meaning
of the statute. In the clammy courtroom the attendants and deputies
yawned and the district attorney fiddled with a blotter while Moore
developed his lengthy quibble. Judge Thayer overruled Moore on every
point. At 1:20 A.M. he ordered the jurymen brought in and sworn. “The
jury is in bed,” a deputy sheriff told him.
Public-domain text, read in full here on John Shaqi.
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