The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-01-15
HARD MATTER TO GET A JURY.
ONE MORE JUROR NEEDED BEFORE
PONDER CAN BE TRIED.


Capital PunishmeRt-MuchI Interest
Manifested in the Trial and the
Court Room Kept Crowded.
II seemed as if there were a conspiracy
on the part OF everybody yesterday 10 keep
of a jury. There has not in years been
so much trouble experienced in getting a
jury as-there was in the attempt 10 make
up one for the trial Of Thomas V. Ponder.
charged with the murder Of Frank Kee-
nan.
The defendant, with his counsel, Hon.
Pope Barrow and Hon. F. g. duBignon,
were on hand before 10 o'clock, and both
he and the state announced ready when
the superior court convened. Then be-
gan the long and tedious process of get
ting jury The people who thronged the
court room, however, seemed TO be just
as deeply interested in that part Of the
trial as anything else. The gallery and
every available portion of the court room
was well filled, both with the friends of
the dead man. and those of the man who
was on trial for taking his life.
When Judge Falligant adjourned the
court at o'clock last night only eleven
jurors had been secured the last panel
Of twelve not furnishing a single one
Another panel was drawn from the jury
box. and viii appear this morning, when
IL is hoped the twelfth juror can be Sc
cured without much difficulty. The eleven
jurors selected yesterday are as follows:
Charles c. Lebey, John NJ. Doty, Robert
l.. Royal, William Cox, Arthur c. Craig.
James NJ. Wilbon. S. l.. Newton, Percival
II. Cohen, James c. Tyson, John w Siday
and John NJ. Quantock. This is the order
also in which these jurors were selected
from the panels presented.
The only break in the monotony of the
wearying process of securing Jury was
a little argument brought about by an
objection or challenge from the defen-
dants counsel with regard to certain ju-
rrors in one of the panels put upon him.
Inc argument was the result of the fol-
lowing paper embodying the objection of
the defendant which was filed by his
counsel:
And now at this December term. 1895.
comes the defendant, Thomas V. Ponder,
and to the panel of jurors being put upon
him challenges the array on the ground
lhat II has not been legally constituted
in this that Illegal and Incompetent ju-
rors have been included in said panel,
that is to say, persons whose names were
not drawn from the Jury box to serve
upon this panel, and who were not other
wise lawfully included in said panel.
Wherefore this defendant challenges
the array and objects to the same being
put upon him and files this, his challenge,
and prays that said panel be set aside.
Erwin, duBignon q Chisholm, Barrow &,
Osborne, defendants attorneys"
The following amendment was allowed
by the court: That there are in said
panel jurors whose names were not drawn
from the jury box but who were sum-
mOned by the sheriff of said county as
tales jurors, to-wit: Hal S. Johnson, J.
Lewis SpiVey, j. M. Baker and :. l.. Out
ten; and further because said named
talismen have served more than two
weeks at the present term of the court.
Dor IT. .N.s
these witnesses on the ground that they
had already served their regular two
weeks, having been first summoned on
Dec. Is, ana that as they were at the
command for the court every day, they
had completed their regular time and
could not legally serve amy longer. Solicit
tor General w. w. Fraser said it had
been the custom of the court, and that it
was strictly speaking legal for such jur-
ors to serve, because they had not served
their full two weeks until they had APP
peared in court and actually served
enough days to make up the two weeks
required. Judge Falligant oVerruled the
entire objection made by the defendant
and the jurors were called In their regu-
The eleven jurors selected were out of
141 names drawn out of the jury box. All
moned and some few were excused by the
court. The actual number that appeared
in court, however, was something like
The remarkable feature of the case was
the large number of jurors who went off
for cause. Neither the defendant nor the
state exhausted their strikes. Eight pan
els were exhausted, and out of these sixty
one jurors went off for cause, the de-
PENDANT struck thirteen, seven less than
the number allowed, and the state struck
nine, coming within one of its limit The
strong feeling that has existed and still
exists in the case on both sides is ac-
countable for the fact that so many jul
rors went off for cause. Some few of the
jurors called stated that either from hav-
ing seen the crime committed or having
heard the evidence under oath they had
formed an opinion, several others went off
because of a prejudice or bias either for
or against the prisoner while perhaps the
largest number was ruled out because
their minds were not impartial between
the state and the accused, as they stated
in answer to that question from the clerk.
1t is interesting to note that twelve of
those called were rejected because they
said they were conscientiousiy opposed to
| capital punishment That was practically
one out of every eight or nine jurors
| called who did not believe in the doc
! trine of a life for a life. This is always
the last question asked by the
others might have gone off the
! list for the same reason had that ques-
! ton reached them. Among those who
| ton to capital punishment was James
! Dorsey, the colored undertaken.
At l o'clock only nine jurors had been
| secured and the court took recess I'M
| til o'clock, thirty more jurors being
summoned in the interim. out of these
| two were secured and another recess was
| taken until O'Clock. Thirty more names
! had been drawn, but only fourteen of
! these appeared, and out of the panel call
! ed not one was selected. Judge Falligant
! ordered the jury taken to the De Soto
| for the night and court adjourned
No trial in Chatham county in years
| has attracted more attention than this
! 1t is considered that politics has a good
| deal to do with the feeling that has been
| manifested, there being in general way
| some political differences between the
| friends of the two parties.
Mr.. r. S. Morgan, Jr has been engag-
/ ed by the friends of the dead man to aid
/ the state in prosecuting the case, and he
| actively assisted the solicitor general in
! selecting the jury from the states stand
point. If the other juror is secured in
| time it is probable that the evidence may
| be concluded to-day. though it is hardly
! Likely that the arguments viii be reached
I before tomorrow, as both the state and
the defense has a long array of witnesses
! to be examined.
Judge Falligant announces that the
/ petit Jurors of the superior court who an
! swered yesterday morning need not ap-
pear until tomorrow morning. Those
| drawn yesterday and who were to appear
| will be notified when wanted