Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-11-24
THE MATTHEWS TRIAL
CONTINUED from First Page.)

up the river, intending to meet a friend
| near Stoddard's Bar. He rowed as far as
he returned home, reaching there about 10
O'Clock at night. an hour before the murder
was committed about fifteen miles away.
Inc court then took a recess until
o'clock. Because Of reports concerning the
| prisoners threat to commit suicide Or other
damage the court ordered the prisoner
searched, but nothing was found on him
or In his cell except a small piece Of look
ing glass.
Securing n Jury.
| Contrary to expectation, not great
amount of trouble was experienced in Sc
| curing jury In the Matthews case yester-
DAY afternoon. and after o'clock the court
| heard the evidence Ct two witnesses before
| adjournment. The grand jury reported a
| number Of indictments, among them being
ore against Mrs. Irwin for her alleged part
| IN the killing OF her husband. 1t was
stated that the state would not claim she
| look airy part in the actual killing. but
| that she knew Of Matthews alleged deter
mil aticn 10 get her husband Out of the
| way. 1t Is how interesting to know what
| Was said ty Mrs. Irwin in her CONVERSE
| lion with States Attorney Posey and
| 1rienos OF Matthews fear that she Is to be
Put on the witness stand against him. The
| custom OF arraigning the prisoner as soon
| as Inc Indictment was returned was not
| followed In the womaEs case, and this
| leads to the belief that the state does not
VI,
| 1t Is claimed that her case Is to be tried.
| ire curt room was crowded. many of
| the spectators standing on their chairs In
order to get glimpse Of the prisoner and
| near what WIS said Several of the spec
tators seemed particularly anxious to stand
| Immediately behind the prisoner and some
CT them had to be ordered down by the
| court. Matthews was nervous most of the
time. although at times he made an effort
| to laugh at some amusing incident
Nearly three dozen OF The county's ctti-
zebS were called before the court and ques-
toned be fore twelve men who satisfied the
court and counsel were accepted.
| The first member of the regular panel
called was eligible for jury duty, for he
had already served on the jury. Still there
were questions to ask him about his con-
victiens and the present case before he
could be accepted
Are YOU opposed to capital punishment? ~
was the first question asked him.
Il don't know" was his response.
Don't know" inquired the prosecutor
II you don't know l don't know who does. -
Explanations were made and the man
| life.
Then would you convict a man on cir
cumstantial evidence alone if the evidence
satisfied you that he as the guilty party"
Il don't know" came again from the
| prospective juror.
"What?' asked the astonished prosecu-
| tor. Don't know thai? Do you know
what clrcumstantial evidence means?'
No. Sir" admitted the member of the
| regular panel and he was excused by the
court.
Most of those examined had formed opin-
| ions. but only one willing to admit
| that his opinion was such to render him
| ineligible Three men who had scruples
against the infection of capital punishme
| we're called and likewise excused.
One man said he would require witnesses
| to prove that the evidence was circum-
| stantial. and the court could not under
stand just what the mans idea was. Some
| Of the talesmen were more than willing to
serve their county. while lew indicated
that they were anxious to be excused.
IT mattered not to most of them who was
accepted or who not until the name
| James Mason was called. Mason is the
| village barber
Hes qualified" announced the court
and the hearts fell of those who had not
brought thei1 razors with them; but when
| the word challenged" was heard scores of
faces were seen to brighten.
The Jury.
When the work of selecting the jury was
ended it was found that the jury was COM
| posed Of Benjamin Stonestreet foreman:
| Bernard M Mudd, Robert F.. Lloyd George
N. Simms. Richard T. Wheatley, Edward
i. Berry. Perry Rennoe. Emanuel McNiil-
ian, George X. McDaniels, John l. jenkins
James T. Lyon and Thomas H. Murray
The jury was sworn, the clerk read the
Indictment, and the case was on
In his opening remarks counsel for the
state said the state would contend that
the prisoner was guilty of murder in the
first degree. This crime. he expected to
show. was willful, deliberate and premedi-
tated.
ION the night of the murder James 7
Irwin. l expect to show. was in his bed
with his wife, and they were surrounded Inv
their little children" said Mr.. Posey And
the killing was done in cold blood The
| state also expects to prove that Illicit rela-
IONS mad existed between the prisoner and
tne "lte OF the murdered man. The pris-
oher at the bar had expressed threats
against the murdered man; had said them
ana had written Them and on Friday two
Gays previous to the murder, he had met
TWINS wife by arrangement"
Counsei continued that he expected to
snow that the prisoner had made conflict
ing statements to why he borrowed the
gun. ~
Mr.. Mitchell of counsel for the defense
sald ne would reserve his opening. 1t was
then clock, and counsel suggested that
the case go over, but the court decided to
SIT until O'Clock. and witnesses were
sworn.
DIR. POsey's Testimony.
DIR. Charles H. Posey, the first witness.
is brother of the states attorney. and
lives near Aliens Fresh, not far from the
scene Of the crime. In company with DIR.
Spencer he went, he said, to the house
Of James Irwin and there found the de- ad
mans body lying on the bed. His skull
pieces of lead IN the brain showing that a
gunshot wound had caused death. There
was also cut which had the appearance
of having been made by a Ratchet Part
of the skull was shattered and pieces of
the skull were found lying on the bed as
we'll about the floor. The witness show
ed with the assistance of a skull how
the injuries had been inflicted and ex-
planned in what position the dead man
was lying. The gurshot. he said, V as
enough to have caused instant DEATH Wit
ness said he also found pieces Of paper,
part Of the wadding, and these together
with, the shot he gave to the states at
torney.
Witness explained that the coroners jury
was there when he reached the house, and
he thought the members of the jury had
preceded him to the room. The room was
small lie, he thought about by 10.
The head of the bed was against the wall,
| there not being space enough between the
bed and wall for person to pass. Wit
ness thought there was but one window in
the room and this, he said, faced the road
which leads to Mr.. Tippett's store.
The shot, witness was satisfied, was fired
from behind. When he first looked at the
body he was under the impression that the
wound had beer inflicted with blunt in
strument, and it was not until after the