The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-10-28
SECOND DAY.
WEDNESDAY MORNING, Oct. q, 1885,

Patrick Hoche-Sworn on his uoi. dire: said
that he had formed and expressed an opinion
before the trial, and that he would rather Ii n9t
"that is not the question. Can yo9 take the
ath to give the prisoner fair anu lmPartlai
Iiudgment?" The juror said that he didn't
think he could take the cath. and the court
ordered him to stand aside. ST.,
james Tacgart-After being sworn on his
uoi, dire, said that he had no bias or pre)9dlco
reason why he should not give him fair and
| Impartial trial. Prisoner objected to him..
Frank Henry, was sworn on his roir dire,
and said that he was without bias or prelu-
dice for or against the prisoner: but that he
had formed an opinion, which opinion, ne
thought would preclude him from taking the
oath to rendera verdict according TO the evil
dence. Court ordered him to stand aside.
| I; r. F. Wilson, was sworn on his U0sr are
| He had formed an opinion, but 1t was OF such
a nature as not to affect his judgment; ne
was no kin to the prisoner by blood or aihn1.
| ty, and knew no reason why he should not
sit as juror. The prisoner ordered hlm 10
stand aside.
had no bias or prejudice against the prisoner
and although he had expressed an opinion,
he could take the oath. He was no KIN by al
tlnty or consanguinity, and could renaer an an
frrcd to the prisoner, who promptly rejected
him.
Tie had no bias or prejudice but had express,
ell an opinion. which he thought would not
uffect his Judgment He was no kin 10 the
prisoner, and he thought he could render q
fair and impartial Judgment. Prisoner OBJ
jectcd.
r. f. Hill-sworn on his roir dire. Thought
he could render ~ fair and lmpartial Juos-
ment, and the Court ordered the Clerk to Of
fer bin to the prisoner. who obJected 10 hls
Richard Hill-Sw orn on his roir dire-was
afraid previous convictions might affect his
Judgment. lie declined to take the oath, anu
fbn Ind or.]prol him 10 stand aside.
T. G. Scal-Sworn on his roir dire-Had no
bias or prejudice for or against the prisoner.
Had expressed an opinion .bnt tnought smat 't
opinlon was not of such nature as to a1fect
his Judgment. The Court then asked MIN II
he thought he could take the oath to eve IN Inc
prisoner a fair and Impartial trial. & 10 thls
verdict according to the evidence brought out
in the trial" The prisoner then accepted Ju,
ror, the Sheriff asked him to place his hand
upon the book, while the Clerk swore him TO-
make u true deliverance between the State OF
South Carolina and the prisoner at the bar:
John Clark Sworn on his Ooir dlre-Had
formed such an opinion AZ might aiiec1 my
the Judge ordered him to stand aside
Kelly Howie-The State objected to him tor
cause, the juror being also witness III inc
case.
Med. Cater-Sworn on his voir dire. Had no
bias or prejudice, but had expressed an opin,
ion. He could render a fair and lmparua
judgment. Prisoner o.5ec.eu 10 air nm; I;,o11od
no bias or prejudice: had not expressed an
oripion could give Il fair and impartial jnds-
ment: vas n9kin to the J., prisoner r;,1o ir'Sonef
objected, and he was stood ASIDE.
At this Stage Of the proceedings the Clerk
announced That panel was exhausted.
A Third Panel TO be Drawn.
Court-A. third panel will be drawn.
would be glad 10 hear expression of the Solic-
itor and the counsel for the defense, as 10 Ihe
proper number TO be drawn.
After consultation between S9t'cilHr 2t ar UT
Orr returned to his desk saylng:
I'VE have agreed on ten, your Honor"
The jurors were then drawn, when the Shcr-
ift with number OF conStablcS, proceeded 10
summons them, and although some OF them
were as far as eight miles In the country, ne
was ready to report on the rc-assemo'1nS o1
the Court at three O'clock in the afternoon,
until which time the Court adjourned.
After Recess.
AFTERNOON SESSION.
Court was called exactly ut three O'Clock.
The Court room is crowded with spectators
to its fun eapafitty & GceIdha nn hebaf M OF the de-
fence, being his first appearanco IN inc casc'
He and Hon. Leroy F. Ioumans oclng en-
ployed by Jewish society OF Nortn Saioiiliit. H.
The Clerk called the roll of jurors as drawn IN
thn forenoon who were accounted for as fol-
lows:
D. B. Smith, sick in bctl.
AL
~ T. Douglass, no such person to be found.
E. B. Calhoun, Sick-eXcuscd.
J. +. Uldrich, present.
w. S. Robinson, over age, excused.
j. +. Livingston, present.
w. F. Magill, present,
John Harris, present.
j. Strawther Graves, present. ,
The Clerk then proceeded to the call OF Ju-
rors, as follows:
John Harris-sworn on his roir dire-had
not formed such an opinion as would aIect
his Judgment; was no kin by blood or mar
Court-THen the Clerk will offer him to the
Mr.. Renet-One moment If you please, your
Honor?
Court-Certainly
The Counsel then held a consultation, at the
conclusion of which, the prisoner on being
signalled, challenged the juror and he was
excused from serving.
J. +. Livingston-Sworn on his roir dire.
Court-Iave you any bias or prejudice for
or against the prisoner?
Court-uavc you formed or expressed an
opinion as to the guilt or innocence Of the
prisoner?
Court-Is that opinion of such q. nature MS
would prevent you from giving u fair and inl-
partial Judgment in this case?
court-Then you you cunnot take the oath of
juror?
Jurur--No, sir.
(OurL-StanQ aSlde.
The pulsations OF every heart became. per.
ceptibiy quckened as the vacant seats of the
jurors were occupied, or as the prisoner eX-
hausted to his right to challenge the citizen
who had been called to hear his cause and to
decide upon his guilt or innocence. When
the proceedings had arrived ut this stage the
scene was more interesting to the spectator
than it had been at any previous time since
the beginning Of the trial, and now each
word, as it fell from the lips of any actor was
intensely thrilling to The friends of the prls-
oucr at the bar. The time was fast approach
ing when the panel must necessarily be 1illcu.
The people had looked on for nearly Two days
A great number of-jurors had already sworn
to their disqualification. The State had eNer-
cisel it's right to make two peremptory chal-
cnges, and had made two or three challenges
for cause. The State so to speak, hau pressed
the prisoner into very. small corner lie
had only two remaining challenges, and when
they were made he must accept whomevcr
the State might offer. The crowd realized the
situation, and many had something to WIS
per to his next door ncighbor as the end ap-
preached. Interest Increased, anu Inc ClclK
called
J. strawthcr Graves-He is a nelghbor. of
cd on him, and every word and syllable that
he st,id was eagerly caught. The usual. ques-
tions were put TO him, and his answers Salts
fed the Court that he would make q comPe-
tent Juror. The prisoner was satisfied, ana lie
was sworn as the eleventh man to try the
ease. Only one vacant scat remained. For a
second there Was brcathlCss silence, Which
was broken by the Clerk who called
". +. Magill--Anuther silence which was
notable. He came forward 10 the Sheriff that
hc might lay bis hand upon the book, and
there take upon himself the solemn oath ana
responsibility Of q juror, upon whose act ana
iuUmMcnt rested 50 important Il Judgment.
: ftcr ne had been sworn on his ,0i'' dire at
The request Of the State, the Court prOcecucu
TO question him. rs he had questioned other
jurors. The answers being satisfactory 10 the