The Savannah morning news., 1902-12-16
BUT ELEVEN JURORS
HAVE YET BEEN SECURED IN POT
TER CASE.
TO SECURE TWELFTH TO-DAY.
ONE HUNDRED AND EIGHTEEN
WERE PUT on THEIR OATHs.

Lowell and Dreese and the BOdf-
fords to Go on the stand-State
Elected TO Try Only the Indict-
ment for the Murder of Taylor,
BOurquiH's Negro Servnnt-POtters
Created Favorable Impression in
Court.
After drawing 80 jurors, Of which
us were put on their oath. and hold
inc day and night sessions. the prose-
cution and defense in the Potter MUIR
der case We're not able to agree on a
jury. and at o'clock, last night, the
court took a recess until morning.
lacking one man of the necessary
twelve.
This breaks all previous records in
the history of the court. The failure
to secure a jury was no fault of the
attorneys. but was due to the disqual-
ification Of those who were summoned
by reason of prejudice or conscientious
opposition to capital punishment. Six
ty-four jurors were stricken for cause.
great number of those who as
signed conscientious scuples against
hanging as cause for excuse,
qualified their answer to the question
put to them by the clerk, by saying
that it was only in cases where the
evidence was circumstantial that they
objected to capital punishment. The
frequency of this proviso, at the
night session. caused some merr1-
ment in the court room. Many jul
rors which either the state or
the defense would have been content
to accept We're relieved of duty by
reason of this fact
OF the forty-eight additional jurors
drawn in the afternoon twenty-seven
responded to their names. the others
being exempt or unserved. Though
the state and defense struck but three
of these, only one juror was chosen,
the remaining twenty-three, with the
exception of three, who were not
called, being struck for cause.
The Jury Except One Man.
The only juror drawn at the night
session was Stephen S. Furse, Jr. The
eleven jurors so far drawn are: Ar
mand L. Chapeau, F. A NJ. Schroeder,
John S. Banks, Thomas G. Farr
Charles J. Eaton, James e. Robertson,
William j. Mingledorff Henry G. Rose
Blois B. Mingledorff, James Furse and
Stephen S. Furse, Jr.
At o'clock Judge Barrow drew for
ty-eight more jurors. and adjourned
the court until 10 o'clock this MORN
ing, in order to give the deputies an
opportunity to serve them. At the
opening of court to-day the additional
l1trx will ha CaIa faA Of tnFhf hn
state will proceed to make out its case.
Messrs. n kese and Lowell and Mr. and
Mrs. Bedford will be placed on the
stand, the first named to tell of the
finding of the body, and the Bodifords
to testify as to the whereabouts of the
Potters on the fatal Sunday.
Indictment No. 239.
The announcement by the state that
it elected to try the defendants on but
one of the indictments. that charging
them with the murder of the old negro
Taylor took the defense completely by
surprise. 1t had supposed the cases
would go to trial jointly, and did not
contemplate that the state would use
these tactics for the purpose of maxi
ing It show it's hand.
THE state elects to try on indict-
ment No. $780," said Solicitor General
Osborne.
"Oh, you sever do your" asked Judge
Twiggs. in evident surprise, as he
leaned over to receive the Indictment
mo, l don't sever. There are two
indictments" replied the solicitor.
Judge Twiggs stated that he did not
know such to be the case. but after a
hurried conference with his associates,
stated that he was ready to proceed.
The Prisoners Arraigned.
The prisoners were then arraigned.
Both men stood the ordeal with COM
posture, though the eyes of the young
er Potter were restless, he gazing
about the crowded court room, from
place to place, while the indictment
was being read. The father stood be-
hind the son, his hands folded behind
him, and his head tilted in a listening
attitude. He gazed fixedly on the So
licitor, an expression of interest
plainly pictured on his face.
The court room was still, and every
eye was strained in the direction of
the prisoners. Judge Twiggs stood be-
tween the two men, his eyes fixed in
the direction of the jury box. When
the solicitor asked whether they were
guilty or not guilty both men an
swered distinctly mot guilty" the
elder Potter shaking his head in a
very decisive manner.
After the arraignment, the father
who had previously been seated direct
~ behind his son, exchanged seats
with him, that he might sit next his
counsel in the choosing of the jury. AS
each juror was placed on the voir dire
the defendants scrutinized him closely
often comforting with counsel, and
making objection. In one instance 6
deputy was called for the pur.
pose of ascertaining the creed of one
of the jurors.
The Prisoners Looked Well.
The prisoners made a favorable i'm.
preston. The elder Potter was attire(
in a dark blue suit, and Wore a greer
flannel shirt, on which were large
white buttons. His hair was CLOSELY
cut, and he wore a moustache. Wher
not engaged in comforting with coun-
sci, he sat, in apparent complacency
The younger Potter was TIL
synosure of all eyes. He is
young man, of apparently about /
years of age, wen developed, though
immature. He did not bear the un
concerned look which his father so oft
en- bore during the progress Of tn
trial. He bore a worried-a sombe
look, which betrayed the realization o
the gravity of the offense for which he
in his youth, is being tried.
The boy bears no resem blance to hi
father. His father is a blonde: he,
brunette. He has an interesting PAL
Of dark eyes, and heavy eye lashes AM
eye brows.. During. the most OF tn
trial his brow was knit. IL
has fine suit OF auburn hair. curly
and neatly Kept. He was well dressed
wearing n suit Of black, and blue liz
During the progress Of the case he ga