The age-herald., 1900-05-08

return be squashed on the ground that the means of conveyance was improper The motion was again over ruled by the court and another exception was reserved.
 MT. Montgomery then asked for an order of publication which was granted after a slight misunderstanding had been righted regarding the place the order should ap- pear in the record.
 The deposition was opened in the presence of the court and MT. Montgomery asked for time to examine 1t, which was granted and at the courts suggestion adjournment was taken until o'clock.
 Afternoon Session
 The defendants were brought back into the court room promptly at 9 o'clock. and Duncan was met by his wife, who had preceded him a few moments, and was again greeted with kiss. When the hand cuffs were removed, the two took the seats they occupied during the morning session and entered into an earnest conversation.
 Manning, who was more collected, stroll ed over to a seat near the reporters and conversed pleasantly with them, asking that he be given a flair deal"
 The court called to order at 2:10 O clock and Judge Greene asked for an answer on the call of the defendant Man ming.
 MT. Montgomery asked for severance on behalf of Manning, which was over- ruled. The defendant reserved an excep-
 ton.
 motion for a continuance was made by Attorney Montgomery on behalf of the same defendant, at the same time asking
 for a call of his witnesses The return on interrogatory addressed to Frank Wilson at the St. James hotel at Chattanooga was then read by the attorney, which was cer- tified to by one of the commissioners whose return indicated that Wilson could of h i1 toe timony MT. Montgomery stated that the defendant, Manning, was not ready for | trial and therefore asked for a continu- ance. He argued that diligence had been exercised on the part of the defendant in seeking to bring this testimony before tn court.
 Mr. Montgomry was interrupted by MT. Allen for the state, who announced that he desired to introduce some testimony on | the part of the state and suggested that | 1t would be better to argue 1t all at once, | to which MT. Montgomery agreed. Solicitor Hefiin, Deputy Clerk John Ab-
 bolt and Officer Bodeker were sworn and | gave testimony on the filing of the deposi- | tion and the effort to execute it. Some time was consumed in direct ana cross examination of these witnesses, and l in arguing the testimony, at the conclu- | sion of which Judge Greene announced his | decision overruling the motion, to Wnlch | exception was again reserved. The defense made no further effort to delay the trial, although Manning looked
 greatly disappointed, and held a consulta-
 tion with his attorney, which lasted for
 some moments.
 Drawing the Jury The next step was the drawing of the jury, the selection of twelve men who would sit upon the evidence and true ver- | dict render.
 It was a supreme moment for the de- l fendants, who stood before the bar of jus | tice, charged with terrible crime, which, | if fastened upon them, meant eternal l doom.
 As the preliminaries were being arranged | the prisoners appeared i'll at ease, and watched every movement closely The number of challenges allowed each side was announced by Judge Greene, five (Continued on second Page.)