The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-08
STILL AFTER A JURY
LITTLE PROGRESS MADE YET IN THE
WINNIE SMITH MURDER TRIAL.
An Immense Crowd Tries to Witness
the Proceedfngs-The Defendants
Appearance In Court.

W iiiift II. smith, ueDOHalf yOuthfuI
and scrupulously neat and tidy. was the
central figure in the Criminal Court yes
terday. At o o'clock he was arraigned for
the murder of Weston B. Thomas on the
morning of July u. 1894, at Brighton Beach
Although the trial of the case practically
began yesterday, but little was accom-
plished- 1t was slow work selecting a jury
and the case dragged YEARLY along until
b O'Clock at night. AT that hour ten men
sat in the jury box. 1t is probable that
few of them will be retained, and that all
OF this morning will be devoted to the task
OF finding a suitable set of jurymen. The
crowd about the doors of the Criminal
Court at O'Clock yesterday morning was
typical of the usual character of .'profes-
sionar' spectators. Not one-half of the
eager throng was able to gain admission
to the court room, and many of those who
failed to get in hung about the corridors
the remainder of the day. At 8 o'clock, the
hour of opening, the lower floor was filled
and the galleries contained hundreds who
were not content to occupy the chairs. but
insisted on hanging over the rails, taking
IN the scenes below with greedy relish.
Smith came into the court room a few
minutes after o'clock. He walked be-
tween Sheriff Womack and his stepfather,
DR.. Wands. The latter met him at the
Jail door, the three taking circuitous
route to the courthouse in order to avoid
the curious crowd that filed Alabama
street and the Jail yard. The prisoner
looked as bright and contented as if he had
just left the breakfast table of his own
home instead of cell in the county jail
His attire, was his wont when one of
the fast young men of the town, was neat
and fashionable. He wore a black derby
hat, dark cutaway coat and delicately
striped trousers carefully creased His
modest black four-in-hand tie had been
carefully arranged and bore a small dia-
nond. Smith was offered seat near his
counsel. his stepfather taking a chair at
ms siue. Near him sat his attorneys,
Smith & Duncan, Henry Span and Van
Vorhis & Spencer. Directly facing the de-
PENDANTS counsel and on the north side of
the room the attorneys for the prosecu-
ton occupied tables. They are Charles
Wfltsie, Fremont Afford, John B. Elan
and Charles Henry. Attorney W. H. H.
Miller did not appear yesterday. just back
OF attorney Wiltsie dark-eyed slender
man of about thirty-five leaned forward
from his chair. He was Landon Thomas,
OF Augusta, Ga, brother of Weston b.
Ihomas. He scarcely glanced at his broth
er's slayer during the day. Near Mr.
Thomas was William Durbin, of Anderson,
lifelong friend of the murdered man.
w. l.. Little, the father of Mrs W. B.
Thomas, came into the court room with
Landon Thomas and accepted a chair near
the group of prosecutors. Mrs Thomas was
not present nor will she appear during the
trial. With her mother she is spending the
winter in New York. Landon Thomas
evfnced intense interest in everything that
went on about him. He watched the faces
OF ; the Jurors as they We're called or dis
whisper to of the States attorneys
An OF the witnesses for gthe State were on
adjournment. During the day the prisoner
occupied an easy position in his chair
viewing the passing scenes with less in
served curiously the routine matters Incl
dent to the selection of jury and fire.
near him But twice during the dav WAS
there reference to a punishment by death
Both references were brought out by mem
bers of the special venire, who in their
EFFORTS to secure release from the case
openly avowed their objections to capital
would shift his position in his chair in an
attempt to catch a view of the faces of
these men,
EXAMINING THE JURORS.
The first action in the case came from
attorney John S. Duncan, who asked that
the record show an informal motion to
McCray read the Indictment 1t was after
the usual fashion of legal documents of
its kind. 1t briefly recited the history of
the case. After the reading by the court
1T was handed to w. l.. Little father of
Mrs. Thomas. who perused it carefully for
a few moments. At $50 o'clock the twelve
INTO the, jury box. They were: John A.
91enumaener, w; II. Startman, Hezekiah
y ZONES, w. a; Askren, John V. johnson.
William A. Rhodes and Joshua c. i' DOVE l,'e'''
animation Of the jurors for the State and
S S 5 Duncan for the defense. John A.
asida Ha was the first man to stand
IN IN the city. Anthony Harmon, called in
n his place; had formed an opinion and was
were called and dismissed during the morn
In the afternoon the interest in the Sc
lection of a jury appeared to increase.
At o the opening Of the doors after dinner
into the galleries and remained through
.r, Adam Bush. a solid looking farmer from
Bush had familiarized himself with the
the, columns of the indianapolis Sentinel
and People. which the prosecution CON
T Rusb sns ample cause for dismissal Mr.
OF or Franklin township, resident for thirty,
I'VE years or Marion county. Mr. Aisel had
never heard of the Smith case until after
ne mad been subpoenaed by the depufv
sherin He was retained by the prosecu-
Ton and passed over to the defense VIII
lam A Askren was excused by the de-
Iense because he had discussed the merits
OIL the case after notification that he had
oeen selected on the special venire
~ >. Rhodes, No 766 North Alabama
street, was. called by attorney Duncan.
he is hardware merchant on East wash
!ngton street He formed an opinion as
10 the guilt or innocence of the accused
out feit that he could try the case i'm
partially. Attorney Duncan did not quite
snare the gentleman's views and his chair
was vacated. Christian Aisel was instructed
, ny the defense to step down. John Eel
niger born and raised in Wayne town
snip. succeeded the deposed juror Mr.. Eel
ienger did not recall having heard of the
lhomas murder until a week ago.
THE DEFENSE PASSES
We'll pass the jury. gentlemen, for the
present" said Mr.. Duncan, of the defense
at $3.50 o'clock, and Prosecutor WiItsie
took the body in hand. Edward MCGEE was
allowed to depart for cause He left the
box reluctantly and George F. Tansel. of
Wayne, stepped into the chair Mr.. TanseI
had read of the Smith case but revealed
the information that he had refrained from
discussing the affair with his neighbors
He knew OF no reason why he could 40.