The Progress., 1893-09-23


A. W. o. Hicks was added to the de
fense that his well known legal abll
ty in the criminal law might be uscC
to gain the point they were battling
for.
Time rolled on until September
drew nigh, when these celebrated cases
must come up for trial again. 1t like
wise became whispered around that
Judge Hicks would also assist Mr.
Elstner in defending the accused on
this second trial. This aroused our
good people to the full seriousness of
the situation, They saw that our dis
trict attorney Comparatively young
in the practice of the law would
have to join issue with two men who
were "a skilled as human practice
could make them. Judge Hicks with
his almost matchless dexterity in
managing n criminal case, his com
plete mastery of the criminal law
added to the wonderful cunning and
pathetic oratOry of Mr.. T. stner, were
to throw their combined influence
and power against tins mere strip
ping in comparison, experience
considered. This would never do. 1t
would be unfair and not a true re
/ Election of the case as it should be
presented. 1t was then that the best
people of our town, irrespective Of
class, as they ever do when their ser
vices are needed; rs they ever do in
times of trouble, whether it be to
contribute to the aid of the destitute
in domestic or foreign lands: whether
to offer their services as nurses ia
times of pestilence or to brave the
advance of foes on the field OF battle,
called on the eminent lawyer Hon. W.
II. Wise, and requested that gentle
man to represent the society of Caddo
parish, the law, supremacy, and assist
Mr.. Land in thwarting the attempts
OF the accused to trample on the law
in the courthouse, as it had been done
on the streets. And that gentleman
equally as ready as any to hearken to
his country'5 call, responded to this
request, donned the habiliments of
Society's warriors and vas ready for
battle.
This case was set for Thursday.
September H. The first move of the
defense was to apply for severance.
which was granted contrary to their
desire some say and Nash was put
on trial, much against the pathetic
appeals of the counsel for the de
fense, and they, of course, reserved
bill. The next was selection of
jury which was battle from start to |
finish. As if in rebuttal of the state
ment by Judge Hicks that Nash
could not get fair trial here, Judge
Taylor allowed him and Mr. Elstner
such latitude in interrogating men
called to be jurors that many wonder
ed what he could mean, and what
would be yhe extremity of the licerse
granted. Such was the privilege
granted the counsel on this point IT, at
with only twelve peremptory chal-
lenges at their disposal, they were en-
abled to excuse the regular venire, but
three, and the privilege of examining
seventy five of the one hundred tales
men summoned, which made at least
seventy challenges for cause, an un-
heard of occurrence within the knowl-
edge or practice of any man in this
The jury has now been accepted Z
,n Friday evening and court adjourn .
I'd till Saturday morning, when Mr.. &
Wise threw bomb by moving for
he removal of Mr.. G. A. Hayes, on I
he ground that he had expressed on 5
he streets that he was opposed to '
'apital punishment, which disquali- = !
led him from service. On this being
,roven he was removed by the Judge !
md recess was taken till $3.50 o'clock :
nd the sheriff was ordered to sum- $
non twenty-five tales jurors. When 5
ourt met Judge Hicks filed a motion e
D have Nash discharged on the r
round that he had once been placed "
a jeopardy from the fact that jury c
ad been empaneled and sworn, and ,
nat he had been discharged without
is consent. but on his declining tn