The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-15
THE TRIAL OF CALLAHER.
The Motion for Continuance Mas
Oyerrulcd.
WORK OF SELECTING AJuRY BEGUN.
Former Mayor Fisher WAS the first
Juror Chosen, Thtrty-cisht Vc-
niremcn Rciug Excused.

l
Galveston. Texas. January 1.-THE trial
of young Virgil Gailaher for the killing
OF his mother is now fairly launched. The
efforts of his counsel to secure irst a
change of venue and ncxt continuance
proved futile. and the task OF selecting a
jury has already begun. There was scarce
~ any hope that either mot,on would he
successful hut the defense will probably
use this fact In preparing their bill Of ex-
ceptions to the higher court.
The prisoner listens TO the proceedings
with apparent Indifference. stranger
would have great difficulty in picking him
out. His quiet manner gives no indication
OF the awful crime With which no Is
charged. He dresses neatly in black
chev!ot suit; with. immaculate linen, and
his fac, while youthful, shows the strength
OF ordinary manhood. For Il time after the
crime young Gallaher Is known TO have
| expressed a desire 10 meet braycIy any
penalty OF the law tbat might be- inflicted
| upon him. He discussed all the details of
the killing In reasonable manner and
was not ayerse TO talking on the subject
4
ana he began to talk about penitentiary
sentence, the probability of escaping hard
! labor, etc.
long, stubbornly fought trial is ex-
pocted.
This morning shortly before o o'clock and
! before the crowd gathered In front OF the
court house, the defendant Virgil A. Gall
laher, was brought from the jan by the
officers and taken to the shcrin's Office,
where he remained seated until the hour
! for court to open.
! few minutes after . clock the crowd
began to coHgregate in front of the court
house, but Sheriff Thomas and his dep
uties. who We're on guard, barred ingress
| 10 all except those having business in the
court room.
| BY half past o'clock the witnesses and
jurors summoned in the case began TO put
in an appearance and the court room grad
J ualiy filled the arrivals being assigned to
/ seats on the benches outside of the railing
| in front OF the bur by the court officers
| At 10 o'clock Judge Gavin and Prosecut-
| ing Attorney Gillaspie entered the court
room. The attorneys for the deiense were
present and the defendant took his seat
beside them at the bar.
| The witnesses for the State were then
called. some thirty-iive in number. and
| District Attorney Gillaspie announced that
the State was ready Tor trial.
| The witnesses for the defense were called
| and several of them failed TO respond TO
| their names. The names OF the witnesses
| for the defense for whom foreign process
was issued were called. and the returns
showed that the most OF them had not
| been found. For a few OF the witnesses no
returns had been made to the process.
| Counsel for the defense then made APP
| plicaton for process to compel the attend
ance OF absent witnesses and stated that
they would not be able TO proceed with the
/ trial of the cause without their presence.
| Some OF the witnesses were reported by
the sheriff as not having been found, One
of the witnesses, Mrs. Shay, was reported
| as being sick and unable to attend, and
| her presence was dispensed with. Attach
| ments We're then asked to compel the at
| tendance of several OF the absent witnesses
Before this was issued the defendants
! counsel asked for time to prepare mo-
ton for continuance on the ground of
the witnesses being absent.
The court accordingly took a recess until
8 O'Clock this afternoon, when the motion
| for continuance will be presented and
| argued.
! When the court reconvened at o'clock
| Mr. Arthur Keetch of counsel for the de-
Tense argued in favor of the motion for a
continuance OF the case until the next term
| OF court. The position he took was the
| absence OF important witnesses and the
| short time counsel has had In which to
1 prepare a defense. AT the conclusion OF
| his remarks Prosecuting Attorney Gillaspit
| waived argument and the court simply said
| 1.-The motion Is overrued."
| The work OF securing jury then began
| The special venlre OF $50 names was called
over by the sheriff and all but few an
| swered present, When the absent ones had
been ascertained those on hand were sworn
Judge Gavin explained that II ann amona
them were not householders or frebholders
such would be excused. Two were excused
under this provision, one for not being q
| qualified voter, two on account OF deafness
! one had sickness In his family. one was slcl
himself and four were permitted 10 20 OF
account OF being too old. the court havlni
announced that all over so we're disquali
fled
| The selection OF jury began about
1 o'clock and when the court adjourned al
o'clock only one juror had been chosen.
He was Colonel l.. c. Fisher, formerly
mayor OF Galveston and one OF the well
known residents. Thrty-nine OF the spec
ial venire were exhausted in making the
single selection The defense used two 81
(, it's peremptory challenges and the prose-
cution two of the ten It is entitled 70 unae'
4 the law. Two full days will probably ht
consumed in getting q jury.
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