, 1876-01-05


Ills opnon M to tho guilt Ut tho defendant. TX
cuae,l.
j. J. Thomas rau mt acquainted with tlofonsl-
ant; knew tho deceased by sight. llo Ind
mt formed or o1prcascl an opinion IA 10 Tho
Enl!t or innoconcc Of tho accuxch. II tho HcaloB
oi Justice wero evenly bnlaced lie would 10 ill.,
cllnod to ind Tor tho prisoner.
=: G; Wheeler, = res1dont Of ErAnhton, had
read tho pApcrf, lad co,lpcr.ri with 3,nr.ies
fotmch an oplhton. oppressed tho game. and waa
allowed to stand aalde.
,.s.J. liuEll,urt, druggist living At 10. 3na
North Lasallo atrees, "as not acquainted with
tho prlsotscr nor With tlecoasod. lie had read
tho tapcfa, lcllsYet What fle read then, and
formed m opini1n based on whak wns therein
statet. His mind was not entirely unbiased, bus
l,s could E1yo ahe prisoner fair trial. lle WAS
challenged by tic defense and stood tack.
| II. j. byCtE,
7fuGg.at, rtalding at Esnnston, knew Whyland
" slght. ltn ut! d read about tie caso null 10.
liavcd part Ut what whs published III tic
wah nlGinbor OF tho A1ethu,1iat CAnrcl,, and
thought Il unfortunate for man to drink. 1lo
believed 10 capital punishment ii some csaes.
II Helccted ns iutor llo coud give defendant d
tair and impartial ttia; wonld ~ not to be In
!ncpeed by uutnido rrcas1tc. liz vas accepted,
bnt excused from serving uu account of sick
heaa in his family.
had rcad tho facts IN tho cass, h.nl had formed
MI opinion, b1t could giyo tho defendant fair
trial. 1so lad stated HIS bc,cf as to tie guilt Of
Q6tGn04nt TO 0snafH. f,1CfjHtH.
| W. II. Turner, lcathot dealer Mt Nos 20 aud %
6tatn STREET, was Acquainted with tle farts III
TITO case. az read in tito pnpezs; believed Tho
htatcfncntR to DO true, and 30 stated. lie had
dor, but would mt DO influenced Iii l,!s trial by
outside pressure; was opposed to capital puu-
fatulcnt md rotiscd.
u. X. Hill, cl. thlsr, corner Clark ard Madison
ifee'a T1s not ope,ea eat"
| vofeod about this caso mud formed an opinion,
hut Ind not expressed 1t. lie would bo abte to
| give tho prisoner fair trial and mot DO iuill-
| unccd by outauo pressure.
At this pofn. a recess for dinner was takeu.
On tho teasscmdlng Of tho Court one Of tho
Jury. mr. Thomas. claimed to be suffering from
~ attack of pleurlsy ard was excused. 4 like
hayo acrsed on a Jury before Jnaga Trse within
. year, nna entitled TO exemption. h1ossrs.
Diobold. Trowbridae. and J. i. Walker were
called upon, and accepted by tho grosecntion.
statod that le WAS Ii favor OF Gaptal punish.
mcnt, Mr. Irowusldse that llo WA farmer, m
\ Eptseopalian, and Ct years Of age. Mr.. Walkor,
shnn lumber inspector was'. With CIR. Irow.
Alr. Dlebold was challenged, md II. L. Kellogg
called, but excused Oh account Of l,avipg sorscl
| OH jury within yoAr. ]. Il: Wilkins. a chlna
merchant was examined o.; In 4, aud acceptod by tbs
nary introduction to tho trial concluded.
| 6tato's-Attorney Heed then opened tho case
for The prosecution, and hlr. 0Drlcu for tho TO-
| fonae.
Was tho frat witness called on tho part Of tho
! prosecution, Who being duly swosu, stated Us
| followa:
Ny namo Is Dr.. Ferdinand 1Ienrottn 1 am
practtonE physician aud surgeon MAS physician
Of Cook County for tho rast two years tnado
post-mortGm examination Of tho body Of Charles
| Whylnnd during tho last Of Noyombor, III whns
| tH known al Kul,na Hotel; his death was caused
tV n niHt0tr wntt11 in fo left rbc n}p
| md head.
| JAMES T. ross.
RESIDE at No. 45 South Clark street, In thia
city; am in tho restaurant busincss n. No. lag
who died ou tho 25tl Of last November Il No.
| las Dearborn street. layo known him einco
| 1871; WAS partner OF his nt tho ttme OF tia
death. Know defendant; have known hin, for
WHOM 10 was shot, At No. 1l5 Dearborn sItcet.
| About 4:i5 in tho afternoon OF tho 25h Of No.
vember last stepped into tue bar. saw there
Mr.. Davis and stranger: air. Davis was under
d'da't want any difficulty III our place. I1o
mado aon.e roply which / cannot remember,
/ and whllo1 was talhiug with him tho stranger III
tho bnr started to leave. Das!a Immediately
bad revolsov in Ills hand. Tho gent!esnan'a
| natno MAS Fayorito. tol1 him to step Into
| th1 wash-1oom anu wash his tnco, and Davis
/ atepped over to tho counter. Davis thon went
AAtu wv HAHA4EA0o!0f ot4A cuH Dy LHO IGltGtkOA
III tho Etass that DhTls WAS helpiug Mr.. Favortto
waah his face. I thcn Baw 31r. Whylana with
| AR. Dallcy, mud told him that DayIa was untlar
tho Influence Of liquor, aud he'd bcstor hstn.
! at that Mr. Wlyin,ld and bailey wcnt Into tho
wash. room, sh"ro thoy ia'nancd throo four
minutes. After they cnnio out D.Yis called
Whyland a - WhyIhnd Haid, "Soyor
Worry eoou after DavIa said :'Damn you,
| I believe I wiil slloot you anyhow" aud
tired. Whyland fell On his back. and
l., = sssistoa nila3a ht% 70 riso. "a plat Of
submitted to tho jury, nlr. Toss Identifying and
pointing ont tho po'ut In tho bastoolu wi,eio llo
first eaa Davis, aua lie reIatiye Positions Of tho
nartth when t'ls shooting occurrcd] AZ tho
from tho door OIL Dearborn atreet, md Wnyiaul
| Htoud noar tito Btovo abuut 20 feet from tho
door. lilo was dlstauk abuut feet from Davis.
When uay!H taalo tho thIent to Hhoot Hhyian1
atovc and tho wash-toom, When Davis ap-
| pEoached Whyland the latter stepped back, aud
at the Same tltno tho slot was iI1od. Ho held
tho roSotver at proacnt, aud took aim tofora
firing. Immediately attor tho shot was tired
DAvia ran to tho 1e1r, aud no1t Saw hin. coa-
| ing into sho front door on Dearborn Rtrcot. Ito
cau1o III on tho run, aud went 10 tho rear pursued
" crowd, ! next saw him ander arrest.
Uotore ho shot. I thought Davis took tue pistol
from his outs'de osofooat pockes: Davis rln
wt1on Le lrol tho shot. WhylAud foil on hla
taox, tnrneu over Oh Ills tAce, ind healgted
hin to l1te anu rlAco1 him In o chair. l Baw
Whyland tweuty minutes nftor ho was Bllo.. llo
NAB dead. tliuk lo tDAyis) struck Mr. fayo-
lite twice.
Characterization: Tic front part Ut tho 11a-
gram represents tia teataurAut room. WITH esa
ldeutslo4 tue locality uf the stove and was-
room. liavo boon i'll partnership With Alr. Why
land since 1b7l tirst IT 6J West Madison Htroat
tllen Oh Dearbora stseet. Fast became ac-
quAinte1 with Davis In l879; know hlm AZ D
pat,on Ut our houao,-tllHt On West Mulisou
alteet, thon on Dearborn street; don't lomca,-
beE wien first sAw Uasia ut the lattpr place. II
was a10nt a.43 III tho afternoon of ILankagiyin.
day. lwas IN the bar when my atten,,ull was
1rht Called 10 Davis, who waa t4o.e. IWonL 10
got glaas Of egg.nos. may hAyo drank before
9n tAAt day. Aly attention MAS tirat called to
Davis by thu oar.AcepeE. Davis WAS talking with
tAyoritc. At that tiula saw no quarrel. Ita
hext thing sAw YaH thtt DayiA canle I'LL, mud
told hn not to have any fuss there. lie then
atfuck fayoItto III tho faco. lAyorite was doing
noth'uE to him. I SAW blood OIL iayorite's laco.