The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1895-08-15
TUTTLE MURDER TRIAL.
REPORT OF EVIDENCE AS GIVEN
FOR THE STATE
Judge Brown Orders Electric Fans
For The Court Room Solicitor Mott
Excused-Names of Jurors-Po-
Hceman Dean First W itness.

The case of the State against
Arthur Tuttle, charged with the muir
der Of Officer NJ. NJ. Vickers, was
taken up in the Superior Court last
Friday morning.
The State was represented by Glenn
s. Manly, Buxton and the Solicitor.
The defendant by Jas. E. Boyd, of
Greensboro, J. S. Grogan, of Winston,
and Thos. Settle, Of ReidsYille.
Almost the entire morning session
was consumed in securing jury, the
twelfth juror being accepted just
after the clock struck twelve.
Five jurors were chosen from the
regular jury and seven from the
special venire of 125. About 80 were
refused or excused.
The jury was composed Of the follow
ing, the names appearing in the order
in which they were accepted:
David Shields, A. III. Patterson. j.
r. Whicker, z. E. Crews,J. G. Fulton,
Joseph Crews, w. A. Lowry, w. M.
Stewart, I'll. S. Helsabeck, G. w. POin-
dexter, S. A. Hauser, Jr., d. r. Stat
ford.
None of these are residents of Win
ston or Salem, it having been agreed
that the jury would be selected from
outside the two towns.
The tenth juror chosen was Mr..
Hiram Padgett, but just as the oath
was about to be administered, he
tainted and was conveyed from the
courtroom. Later it was found that
Mr.. Padgett was just recovering from
a spell of sickness and it being doubt
full that he would be physically able
to discharge the duties Of juror, he
was excused.
Solicitor Mott here asked His Honor
for leave Of absence, stating that he
felt sure the States interests would
be carefully looked after and protected
by the gentlemen who had been en-
ployed by the city to prosecute the
defendant. Mr.. Mott stated further
that he desired it to be understood
that his leaving did not mean that he
had lost interest in the case. He will
have no assistance in the prosecution
of Cunningham, therefore he deems it
best to devote his time and energies
to this case. Judge Brown granted
the request made by the Solicitor.
After the jury had been secured, the
bill Of Indictment was read by AttOr-
ney r. B. Glenn and the jury was
placed in charge of special officer.
Judge Brown instructed the Sheriff to
secure the best rooms and the best
meals obtainable for the jurymen and
to make them thoroughly comfortable.
Judge Brown said he desired to ad-
dress a few words to the jury at the
beginning of this trial. He said it
seems this case has excited some at
tentiOn and caused some excl tement.
He reminded the jury that the prison
er was entitled to fair and impartial
trial and that the State was entitled
to fair and impartial hearing. The
prisoner is entitled to the same con-
sideration as If he was the most inn
portant parsonage in the State. The
jury was admonished to fight against
making opinions and against discuss
ing the case among themselves-to
wait uutil they had heard the evil
dence, the speeches Of counsel and the
charge of the court before entering
into any discussion among themselves.
The heat in the small and crowded
courtroom was very oppressive and
the Judge instructed the Sheriff to
have two electric fans put in during
the noon recess, remarking that il the
people and the authorities would not
build courthouse commensurate
with so populous and so wealthy a
county he would do all in his power to
make those comfortable who were
obliged to ATTEND court.
A recess was then taken until
o'clock-a little longer than usual, tC
give the Sheriff time to have the fans
put in.
When court opened Friday afternoon
the courtroom was even more denSely
packed than it was Friday morning.
Witnesses for the State, about
twenty in number, were called ano
sworn.
THE EIRST WITNESS.
The first witness placed on the
stand Friday afternoon was Officer
A. A. Dean, who testified that he ha6
been on the police force about three
| and half years; Saturday, May 18th
or $50 in the afternoon, Office
Vickers was killed; court had just
| ended at which Officer Hasten wa
tried; there was crowd on sidewalk a,
city building; Vickers, Martin ant
self came from police quarters; Wick
ers called attention and he saw ladl
| come off sidewalk, which was blocked
| Tuttle was in crowd; Dean spoke tC
crowd, saying we are sworn officer
and it is our duty to keep the side
walks clear and asked crowd to leav,
| pathway open. Tuttle said he'd NOV,
when s'he damned got ready" Dear
| took him by the arm and put him OF
sidewalk; Tuttle turned and put hi
hand to his pocket and said something
| not remtm bered. Dean took hold o
Tuttle and pulled him to his arms t,
| see il he was armed; he had no weapon
in his back pocket; Tuttle fiounces
away from him; Vickers took hold o
him, he jerked loose and partly fell
Tuttle struck Vickers, knocking hin
down, and turned towards Dean, VIII
struck him glancing lick, knocking
him on one knee. Dean caught holt
of him; Tutt1e began to fire; before b
! Vickers say, "Lord, I'm shot," Res
pass run up and grabbed the pistol
there was scuffie; took pistol ava,
from Tuttle. ReSpass took the pistol
On the way to jail, Tuttle said
"What you taking me to jail for
Dean replied, .You don't know.
Tuttle said no more.
| A pistol was introduced and ident
fed as the one taken from Tuttlt
It was 38 calibre, has chambers,
chambers had been fired and has
shell.
Dean said Tuttle was Of mediuI
size; as strong q man as he ever GO
hold of; powerful man for his siz'
4 The clothing worn by Officer Vicl
ers at the time he was killed wa
shown and identified.
On cross-examination, Dean gay
approximate weight of self, Wicker
and Martin. He said Tuttle was O
. side of street next to building; di
not kick him and nobody kicked hi
that / saw; don't remember that /
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