Jersey Journal
The jury of seven men and five women hearing the case of Eugene Kenny, 32, Board of Education employee, charged with shooting to death Thomas "Buddy" Boyle, a deputy of Mayor John V. Kenny, was informed today that one of the defense counsel collapsed and will be bedded for several days.
Bennett A. Robbins, stricken with a heart involvement and gall bladder condition last night, urged his associate, Maurice A. Krivit, to continue the case whose jury was selected yesterday.
Krivit spoke to his client in the County Jail and later his family. They gave permission to Krivit to continue the case alone.
At the opening of court today, Krivit informed County Judge August Ziegener, presiding, of the family's decision. The judge gave his permission for continuance and then Krivit explained to the jury.
SENT TO BED
Judge Ziegener called a brief recess as Krivit was delivering his opening argument and drew objections from Assistant Prosecutor Wimmer.
"PEACE LOVER"
Boyle, whom Krivit said "was built like a bull," was profane with the defendant's brother, Edward, and this was seen by Krivit as "the vicious propensities of Boyle."
Wimmer intervened, saying if Krivit must make use of such characterizations, he should develop it through witnesses rather than statement.
CAUTIONED BY JUDGE
Wimmer, in his opening, indicated the state would seek a murder conviction or one of manslaughter. He said the third indictment for assault and battery would not be argued.
Wimmer left some time in his argument for premeditation on the part of the defendant.
Krivit had three main defenses: (1) Kenny took a bad beating from Boyle and was dazed at the time of his action. (2) He was attempting to escape Boyle when he murdered him. (3) The gun went off accidentally.
According to the line of questioning at yesterday's all-day jury selecting session, Assistant Prosecutor William W. Wimmer is expected to allege premeditated murder in his opening argument today.
Krivit said he will open with a self-defense plea.
With some restraint imposed by Judge Ziegener and over objection by Wimmer, the two lawyers for the former war prisoner of the Germans examined prospective jurors closely yesterday on their political backgrounds during the selection of the murder panel.
POLITICS QUESTIONED
Judge Ziegener permitted defense counsel to ask prospective jurors only general questions, such as whether or not they have been active in politics, but ruled out questions seeking to determine their political leanings or affiliations.
As it turned out, however, only one candidate juror out of a drawing of 46, Frank Pilecki, 106 Mercer St., was disqualified on anything that can be called political grounds. Pilecki said he knew Boyle, "drank with him on occasion" and that Boyle "helped him out with different things" during a three-year acquaintanceship.
All seven men, five women and two women alternates of the final panel declared they had no partisan interests.
Wimmer also keenly watched the language of questions put to the prospective jurors by defense counsel on whether or not they agree with the theory that a man is permitted to take the life of another in defense of his own life or if only to avoid serious bodily harm -- a further indication of the setting of the defense sails. The chosen jurors agreed that if Judge Ziegener so charged, they would vote a self-defense acquittal.
After the defense makes its opening argument today, Wimmer is expected to call as his first witnesses police officers who investigated the pre-election shooting.
Selected for the jury, which was sequestered overnight at the Hotel Plaza, were:
and
December 4, 1951
Robbins, after his collapse, was treated and then urged by his physician to take bed rest.
Krivit characterized Kennu as a peace lover and then characterized young Boyle as "mean and vicious when drinking, with strong convictions in politics."
Judge Ziegener said he hoped he did not have to restrain counsel, but he requested that the opening be confined to an outline of the defense.
Because Hudson County politics was the subject of the tavern argument which led to the shooting, according to police, Robbins and Krivit pressed the juror candidates on their politics, but Wimmer won some ground with his objection that politics are not pertinent to murder.
The alternates are:
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