, 1876-01-04
THE WHYLAND CASE.
Tho Trial OF Turner, alias Davis,
IyEscgun at Last.
Rigid Examination l,y the Counsel.


Tie trial Of Horny Turner, alias Davis. nl!as
Davies. for tho murder Of Charlea Why!anu, was
tcrun before judge 1logcrs IN the Crimana, Cont
Yesterday morning. 1.onS bofoFo 10 o'clock, wcll
waa tho hour for opening Court, tbs largo court
rom, was illIod will, 4 miscellaneous nssombase
Of spectators, drawn ththcr by tlclr intotcst IN
.ho tocel proceedings upon which depended
possibly tho lifo OF death Of human hning. Al
iho nyai,abo seats woro speedily takc1', and t''o
standlng-roou, WINS soon occupied also. 5.ona'n3
over t4o many heals in tho auditorium and Ehl"
lerics, it WA eaBy to SEQ that tito thron1 was
composed mainly Of noop1o from tho lowest
ranks, not ayeu including ma"y of tho better
dressed, though moro tlisrcputab!e. associates Oh
.ho prisoner at tho liar.
After Romo preliminary business which Always
accompanies lilo first day Of tho term. tso Davis
earn was called. staos-Attusney 1loed aud Col.
van Armau represented tho reoplo. and Sir. ".
", O'Bsscn aud 31r. largo appeared for tho d.
fonso.
nAr15
tnols his scat at tho table with hin altornoys and
Frequently consulted with tlom ut the beginning
OF tho t1ial aud throughout thc dag. He was
neatly droaHcl. anl his ncttons were quiet md
comewbat restrained.
Some delay was cccaB;oncd by tho Dof-nrsivnt
OF Mr.. Barge. COUNSEL for tho dosonso; Dut
finally tic Clotk proceeded to call tho tSe4so
Jurors, wllo casno forward into tho jurS-oot as
their names wcro scad. Contrary to expectation.
tlo defense did not enter any motion Tor eou-
tinusncca, change OF yoilt;f, Or anything ciss,
but DECLARED sller readtucss for trial.
Mr.. HEED,
altar The iury lad lccu called. ptatod the case to
them b.ieliy, aid then proceeded to axsmino
them separately M to thur qualifications for
ecryins, Among other questions put to them
was whether tlloy wero opposed to capital pun.
iahu, cut, After G.:elIng tho examination, ho
EXCUSED four of tho twelve, and four othcrs weto
brouct,t forwnra. TMoe OF thcHo wero also ro-
lcrcts from serving Thoso oxcusn1 thus wore
William Cone, J. Gilmore. Thomas Bowling.
JEncB Fitzgerald, Chnrlcs Sllaoftr. II. W. Cnsc'
md jacob l1eilb1o oil. An adjournment vas thon
tat,o., unsll o'clocE.
The afternoon aesson WAS begun promptly a.
9 O'Clock. Tho courtroom was oven moro
crowded II anything than III Tho morning. Ono
nutiit1ona. Juror wEY ealcu, ani took ha scat.
lie was .......
slr. II. J. coLyIS,
een OF Mayor Colvin, engaged in tho pant, oil.
md giaas business OH Lako street, III answer
TO questioning By tho s:ato'H Attorney, lo stated
that Ao had read accounts Of tho murder, but
had furn,cd no opinion. lio had no objection
to tho death penalty for murder. 1le waa nccept-
ell BY the prosecution. .........
Tbia completed tie twelve men n'cnssary to
tll1 the panel. Sir. B'ien. nlturnoy far tno do
fcnlaat, ten aro4o and asked il lilo jHrcrs were
all hnnliy nctopted by tho prosecution:
.'r. Heed replied that he hold the right to ro-
jcct at any t.mo before tho Jury was Bworn.
bomo discussion cnsucd beswern tho attorneys,
md Judge l.odSotH DECIDED tin: the prosecution
had finally nccDptcd the 1ury.
VI
tuen proceeded to cross-oxa.nno tho iurora. be-
Einnt1,g with Charles 1iolstcl,t. linn iulol
stated TINT le waH = farmer. end had Fcau
notices Of the mllrdsr in tha Etadf1.Z .Ze'hi5. a.
though ile llad nut read any comments ll1''n It.
In resronso to tho Question ~ to what le
should do II tho evidence on both s1tcs Was
even, and tho Court instructed linn not to de-
cido tLo MAJ, guilty unless there waa oa1anct
Of eyidcuce a.ainet the p!iso.ert Io said afsel
rluch hesitation that he should follow tho Court.
inntluolion. tte would not DO wiEu. TO conyio
my nlan uf murder unfosH ha waB sure that t!ll
evidence l,aJ proved guilt. 1lo would not l'o in
tluouccd iy ay out-lu PRESSURE, or by anf de-
s1o for popularity, CT yielding to public upii!osl
u. r. NCBM.
foreman In tho Northwestern Elevator, owned b,
j Munger Il Wneolcr, Ball thai ho had read aDon
Tho caso in tho nowa:'apcrs, md had cxrroeses
] I'll opinin, M to tho rt1tohot's suit Or uino
! renco. Upou th's statement tho attorney 70
/ tho dofcuso aAlen that The juror be relnasct
I from sarvice. Sir. Reed refused. mi apirltot
4 Juror. Ntr. Reed qnotod from l'nas Report
4 iuror, answering niruilarly to tina Juror
qacs.ioneii tlso juror, md elected from bin I'll
= fnct TINT he was at rresont thnacd In rls op!n
Il len. Ilo then appealed to tho Court II 1t wn
! fair to aiiow a man nto was pro]udlcud to ait J.
Judgment upon caAo OF such Importance.
,u Tic Conss aad lint t:ass Jurors case waa na1
t1a!l to thu que quoted oy, the States Attoruo,
Except in tlo ono point that thus turos lind al
mittcd that tie wan biasta. ito slona, thor.
fore, doc.lo tlat tuero WaH csuHo for cha
'- ahgo
living at Lamont a,larrynsnn, Taa tho nc'
: Juror tackled by alr. O'IFion. lie stalled that
had nut road ANYTHING Ia tho Papers about Il
4 hHont aomo murder cnso In tho du!s'Zettuh
! but ho didn't know what one 1t WAS.
A. MEYER KAlaKtt,
u who keepa Ha!oou on Atehor Avenuo, hal III
\ read abont tho case In tho papers. ITO hsd nov
III hoard about Davis OF 'Wbyland urtll III
4 morning.
"A Tas pext spoken To by tho Attorney.
III o l.s.en--WAat Is your occupaton3
Ia Juros-Nothing.
II o',non-;lion long havo you boen In that Q
4 cupatEoh
! jufor-Siuco lnst Friday.
! In annner 10 fat&hos question:, thu jnt
ttatcd that ho had read about tho murdaE, b
1t ha4 formed LII opinion.
4 .. ". GUTHRIE,
! lco.dcalor, Ind real about tho cane In tho p
4 pcFs. lie hnd fornDl m opinion. but It did n
:; a,nount. to tuojut!Ico. lle thought that
i would require evidence 10 hs mst.a 70 fomo
! t1ta opttsion. iio "Ra IN faEor Of anhctsng
I death penalty in caHa OF murder.
CHAnLEs RMlrI,
Anegro lind heard the caso OF WhTland mo
:loncd. lilo had cono to tho conclusion that I
1 ed I1o could not read. llo thought that t
II 6cCuHQa VAH EuttkYs