The critic., 1891-03-23
AT THE BAR.
THE TRIAL OF CHARLES Z. KINCAID
COMMENCED THIS MORNING.


Judge Bradley Presides--A Motion to
Quash the Indictment Overruled--
Selecting a Jury.
On February 2sof last year ex. Congress-
man William Z. Tanlbee of Kentucky
was shot by Charles T.. Kincaid, the cor
respondent of the Louisville Times. The
tragedy, which occurred in the Capt.
tol, caused considerable excitement at the
time, which was still further enhanced
when Taulbee died from the effects of his
wounds shortly before dawn on March IL.
The coroner's. jury returned verdict
holding kincaid responsible for the ex.
Congressman's death, and he was com.
mitted to Jail. The grand Jury presented
q true bill subsequently. Owing to i'll
health he was finally released on bail in
the sum Of s25,000.
To-day, a little over year since the
tragedy, the trial Of the accused COM
menced in the Criminal Court.
The Government was represented by the
newly.appointed District Attorney, Cole,
and his assistant, Howard Clagett The
counsel for the defense consisted of Judge
Jere M. Wilson, G. Maurice Smith and
ex-Representative Grosvenor. Senator
Voorhees, had also been retained by the
defense, but owing to ill-health was un-
able to appear.
Kincaid was on hand promptly at 10
o'clock when he entered the court in COM
pany with his brother and his counsel,
Judge Wilson.
Judge Hagner was too i'll to undertake
the task Of presiding; and Judge James is
also on the sick list. II was over an hour
before the other Justices had decided who
should preside, when Justice Bradley was
selected.
Shortly after IL O'Clock he took his seat
on the Bench, and after inquiring IL both
the Government and defense were ready
to proceed and receiving affirmative an
swers, ordered the trial to commence.
The list of both the Government and
the defendants witnesses was called and
the majority responded to their names
or the court was notified that they were
either in the city or on their way here.
Mr.. c. Maurice Smith was the first to
ask the attention of the court He made
a motion withdrawing the plea of not
guilty in order to file pro Jornic motion
to quash the indictment OH the ground
that it was insufficient and did not set
forth the facts il should.
Judge Wilson and General Grosvenor
explained that the procedure was only of
a pro J0rma character, and so far as they
knew the indictment was all right. Judge
Bradley allowed the first motion but
| overruled the second.
The defendant was then arraigned and
| Clerk Williams for the second time within
| the past wear read to him the Indictment.
kincaid stood during the reading of the
Indictment, and when asked for. his
| answer said IN clear and distinct voice:
Not guilty."
The first list of twelve jurors was called
in the. box and John II. CARL was ques-
| toned as to his qualification to act as q
| juror. He said that he had formed
a a. positive opinion and was excused.
| w. II. Barston was next called and ex-
cused for the same reason. Winfield s..
| jerks, w. II. H. Hoover, and William f..
| Abbott responded to the usual question
ing and were retained in their seats, as
they were confident that they could act
fairly and impartially and had formed no
opinions.
John Il. Woodward and Charles A..
Muddiman stated their opinions were
biased in such way that it would take
very strong evidence to change their
minds. They were excused, as was also
j. +. Kelley for the same reason.
J.J. Leitch, after being closely ques.
toned by the attorneys on both sides,
| said that he could act fairly and honestly
| in the trial of the defendant. Thomas
Stewart was Of the same impression, but
he appealed to the Judge to be excused, as
he was inst getting over an attack of the
| gripp. Both were given seats in the box
| for the time being.
Charles W. Stewart James H. Byron,
Columbus Thomas and Charles L. Nelson
had no prejudicesr and were accepted.
| s. N. Edwards had settled convictions in
regard to the merits of the case formed
from what he had read in the newspapers.
The evidence would have to be very,
very strong, he said, in order to make
him yield. He was excused. The court
then took recess. K.
After Recess.
John d. Bartlett said that he frequently
expressed himself in regard to the case,
>and that it would take strong evidence to
overcome the opinion that he had formed.
He was accepted, and this completed the
panel IN the box composed as follows:
William E.Abbott, J. p. Leitch, Thomas
Bell, Charles w. Stewart, James H.
Byron, Columbus Thomas, Charles T.
Nelson, Jacob Neuwart Edward d. Calla-
han and ]. ID. Bartlett.
Out of this number Columbus Thomas
and John ID. Bartlett were peremptorily
challenged by the defence and Jacob
Newent by the Government, and eight.
the remaining number in the regular
John NJ. Waters, Charles B. Beebee.
Robert G. Mangum, w. r. Crawford,
Alfred B. Dent and Louis p. Shoemaker
were excused, the latter two ON account
| OF sickness.
Two, William f. Brooks and ]. L.
HoN2er, We're retained to take the places
of those challenged. Judge Bradley
| ordered fifty talismen to be summoned
and adjourned court until tomorrow at
| 10 o'clock