The Savannah morning news., 1900-12-11
WEPT WHILE SON WAS Tried.
WAS EDw ann NELL ALMOST PROS
TRATED ny HIS THot BLEs.

james Nuahee Juror W no
Thought ~ pad Not Matter That
He HAD Keen on the Jury That
Tried the case neforc, Caused
Trouble and DeiRy-EVidrnce for
the state strong Against Prisoner.
NELL claims lie Acted In self-De-
Tense.
The evidence IN the case OF W 8 Nell
on trial 10 the Superior Court for tho
murder of James Buzbce has nearly OH
been given to tho jury 10 viii be con
claded Vi'hlr feR minutes otter court
convcnes this morning aad the arguments
viii ;hea begln
Three hours were lost yesterday
through the rather remarkable act OF one
~ the Jurors After long and tlresome
process OF selection. during which many
II the juy-men announced themselves.
FOR ore reason or another. not competent
20 serve as Jurors IN the case. a jury
had az last been secured and sworn.
Then II tnansp.red that Juror Frank
stewart had been a member OF the jury
az the hrst trial % the case, by which
Nell Was found guilty
II appeared that II had not occurred 10
Nr. Stewart. before he entered the box.
that there was any improperly IN hls
serving again "A he explained o. he
Thought that when new trial had been
granted IL cleaned on the slate and tine
hole thing had 70 he gone over with
anew. After he had taken his seat with
Tho other jurors however. 81 flashed over
his mind that this mleht not be alto
Eether the proper thing be leaned over
and whispered 81 70 Juror Albert T.
Rees. who sat next In the box
Mr.. Kees made the announcement 80
Judge FalliEant. who communicated the
fact 70 counsel for the state and the de-
fendanf There was CONSERVATION for "A
iittle time, No similar case is believed
10 have happened in the trial % ease
In a Georgia court Messrs Il l.. Coldng
and Joseph A. Cronk representing ~ }.
asked that recess be taken until 1873"
@ clock. s0 that they might consider what
would Doe their next step.
when the court recouvened MT Cold
ing astonished the Judge and counsel by
moving for the acquittal Of his client
The motion was based on the contention
that jeoplrdy. under che laws 90 the
pauelIed AID sworn ana that the law
prohibits a man being twice placed 10
Jeopardy for the same offense. Mr.. Cold
ing said that as Juror Stwar could not
serve Ia the case. 20 replace him by an
other Juror would be practically equiNa'
lent TO placing the defendant twice ~
jeopardy ard that. therefore he was en-
titled TO an acQuittal.
The solicitor general ala not argue the
md 10
Falueant found 20 impossible 10 takc the
came Ingenious view OF the situation thht
had been taken by counsel for the de-
fendans. He At once overruied the motion
and dIrectNd that tho case proceed.
Mr. Colding then moved that Juror
Stewart being clearly disqualified De re-
moved from the jury and that an addi-
tional Juror be chosen 20 take his place.
This motion was not opposed hy the So
iicstor general. There were not enough
Jurors on hand. however, TO make up Q
panel 81 twelve. as required by law ana
IL became nccessa 10 take another re-
cess until $40 o'clock
seafed lust behind the defendant Ia the
court room were his mother Mrs Edward
u Nell and his sisters. Miss Edith and
Miss Katie Nell The greeting between
mother and son was touching in its pathos
and her great grief evident at
all times. could not but ser"e
20 excite sympathy. a number OF
times she seemed 90 have become COM
plesely unncrvcd and gave free vent 20
her tears and sobs. Almost the entire time
she sat with her handkerchief 20 her eyes
and her head dropping upon her arm.
Nell himself gave no evidence Of tho
effects % has long continent than the
prison pallor. which has replaced his once
ruddv complexion. He watched every step
and every incident IN the trial wi'h inter
est but without exhibiting nervousness Of
any kind. Ills manner was quiet, respect
full and composed
The Afternoon session.
Al $50 O'Clock the work OF completing
the jury. by hiking the place Of juror
Stewart, was begun
OF the FIRST panel 81 twelve men who
were placed upon the voir dire, i've went
on for cause. the state and the defense
each struck one. and the eighth mcmne =
OF the panel Thomas n. Henderson. wa
! accepted Juror Stewart had been pre-
viously excused The jury that Is trying
| the case Is as follows: Henry J. Heyman
I r. VI Butler. Jr.. Arthur NJ. Lucas H.
| c. Walthour Albert +. Rees Walter 5
Belsinger Maurice r Robinson. Nathan
1 iel n Tilton CHARLES Y. Robinson. Fred
I X Ensheld and Samuel Lang
Before this jury had been secured, nine
/ ty-two jurors had been placed on the volr
/ dire and answered the questions as "a
their competency. OF these the state
I struck eight. the defense eighteen. nyt
| we're opposed 10 capital punishment. and
/ forty-nlne did not consider their minds
| thoroughly impartial between the state
/ and the accused.
Then began the preliminary statement
I OF the solicitor general as TO she matters
I OF law and fact involved in the case are
/ 90 be considered by the jury. Mr.. Osborne
I read the Indictment found a. year ago
/ ITO this Indictment" said he "the de-
I PENDANT pleads not guilty. the state SAYS
/ he - guilty. and tnts makes the issue
which you are TO determine"
/ As the solicitor general proceeded with
/ his statement OF the states position,
I showing. In crisp. terse sentences the
manner tn which the state contends the
/ crime was committed. Mrs Men. who had
/ resumed her chair behind her son. was
/ seen 10 be vislhly affecsed. As the story
/ OF the crime reached SIS climax and the
/ death Of the hoy. with all its pltful de-
| tails. was told. Mrs Mclrs agitation be-
/ came greater and her convuisive sobs
punctuated the even flow OF Mr.. Osborne s
sentences.
The FIRST witness called FOR the state was
/ County Coroner John A. Gpette who said
/ that he had viewed the body ~ the dead
I boy and described tho position ana na-
/ ture OF Ahc wound thas had caused his
| death
Or A. W Win1ner testified that ne hai
1 been called 70 attend Young Ruzbec on the