The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-02-28
A Venire Of Some Fifty Men Ex-
amined by the Court.
Four Jurors Selected. Three Of
Whom Are Colored.
The State and Defense Both Very
Particular In the Selections.
Judge Mayer Is Determined That thu
Panel Shall Be Ono Against
Which No Objections
May Be Found.
Special Dispatch to The Appeal.

Special Dispatch to The Appeal.
BRANDON, Miss, Feb. 27.--The day
fixed for the trial of the celebrated case Of
the State va. Jones $. Hamilton, charged
with the murder OF Rodcrick Gambrell,
opened with brilliant and cloudless sky.
II was decidedly cool, however, and q
still northwestern breeze lowered the tenn
peraturc nearly to the freezing point.
The special venire from which an at
tempt will be made TO impanel a jury
was drawn Wednesday. The list embraces
fifty names, the limit Of the statute, and
all but four OF them were found by the
sheriff and his deputies and summoned.
At the hour set there were present for
the state Mr.. Alexander, aoting district
attorney, Messs lIuddloslon, Brame and
Jones. The defandant's counsel present
are Messrs. Nugent, Calhoun, Mclaurin,
Cassedy, Buchanan, Henry Miller, White
and Cole The courtroom was comiorta-
bly, full at 10 o'clock, though but few Of
the numerous witnesses summoned had
arrived. Most OF them live in and about
jackson, only fourteen miles away, and
can bc had lis wanted. The prosecutor, the
Roy. J. Il. Gambrell, was not prese Mt.
Col. Hamilton, the defendant, appears TO
he In good health and spirits. His son,
w. s. Hamilton, and his brothers, Capt.
W. u. Hamilton, OF San Antonio. Tex,
and Capt. Jcfr Hamilton, oi wilkinson
county, this State, with other relatives and
friends, entered the courtroom with him
this morning Among the latter Is ex-
Congressman Van Eaton. of Woodyillc,
who will remain during the trial. Mrs.
Hamilton, who was here last week, was
called home by the serious illness Of one
Of her children, whose bedside shc cannot
yet leave. At II o'clock Judge Mayors
took the bench, and asked the attorneys
for the State II the wcrc ready 10 proceed
with the case oi the State VA. ]. $. llamil-
ton. Tho answer was In the affirmative,
and the same question propounded 10
counsel for the defendant clccilod the same
response.
The Judge then suggl slci that ladies In.
tercsicd In the trial would better not ai-
tend till the argument, rs somc matters
might be developed that would not be
/ NNfNfaNfN WI w UtAl1 Ntlll NlltI
had a right 10 attend II they dcsircd.
and the sheriff was instructed 10 make
provision for such as should come. The
witness stand was then placed immedi.
a,ely In front Of tho judges stand, the at
torncys for the State being on the left and
the defendant aud his counsel being ON
the right.
"Mr. Sheriff. call the iirs. name on the
special yenirc." said the Judge.
&c. q. Russell" /" called out the sheriff.
Mr. Russell came forward, aud In answer
10 questions propoundcl by Mfr. Huddlc-
Hion, said that hc had formed an opinion
from the evidence that Il would require
testimony To change In response 10 a
question by Mr.. IIuddlcslon the Judge
said that he never had aud never would
allow man 10 sit on Jury who had
formed an opinion ~ 10 the defendants
guilt or innocence, though this ruling
might seem in conflict with tho decision
Of the supreme court In the Hawthorne
case. Mr. Iuddlcsion said lao knew that
was the practiceo Of the judge aud he would
submit 10 IL as ho had donc heretofore
when district attorney.
John Harrison wis next called. IIo had
formed an opinion aud was promptly cx-
cuscd.
George Spell, colorcd, had heard some.
thing about tho ease, but had formed no
opinion. Could Try the case fairly and inn
partially. Did not believe that men should
bc hung. Was not In favor Of taking what
ho could not give, but II ON the jury AMI
satisfied Of defendants guilt ho would say
guilty, though lac did not believe In hang
Ing.
In answer 10 Mr. McIaurin he said that
he had no dcsirc 30 sec any result reached
except 1uch NJ was warranted by the cyi-
dencc. 10 the court he said he could be
satisfied OF the defendants guilt II there
was sufficient testimony, aud u WIS ruled
hy the court that he was competent
Juror. llc was accepted by the State, but
was challenged pcrcmpiorly by the de-
icndant
Morris Ross, colorcd, had heard OF tho
killing in 80 many different wayr that he
had no opinion oi the guilt or innocence
of the defendant; did not believe Il was
right, according 10 the Testament, 10 take
a mans life for the crimes he docs; some
times In favor Of hanging and At other
times not; would say guilty " the tcsti-
mopy satisfied him, bccSise that would be
according TO his oath. To the defense he
said that he had said when he heard
o.. the killing, that Il was pity that men
would murder one another without cause.
To the court ho said that u was his opin-
ION that Hamilton had done the killing,
but that he did not know whether he had
cause. The Judge said that he understood
that tho witness coniounded the words
murder and killing and Mr.. MclAurina
said that he thought person who could
not make the distinction was hardly COM
pc,ent The court ruled that ho was com,
pcient, and bc was accordingly acccpisa
esntion tolhc competency Of the juror aud
challenged him pcremptorily. IL being
now 1880 O'Clock the court took a recess
ill o'clock.
. AFTERNOON SESSION.
Henry Mason, colored, had formed ar