The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-06-26
LEoNARDS ON TRIAL.
An Entire Day spent in Securing n
IurN.

Jury.
A demurrer to the indictment charg-
ing Dennis NJ. Leonard, z. A. Leonard
and Richard Brown with buying and
receiving stolen goods was filed and
argued by Robert L. Colding, Esq, in
the Superior Court yesterday and was
overruled by Judge Barrow.
Immediately after the order had been
taken overruling the demurrer, the
work of selecting a jury was begun,
but without any degree Of success up
to the hour of adjournment. A large
number of jurors went off for cause
and only ten jurors had been secured
up to o'clock. At that time there was
only panel of ten to select two jurors
from and counsel insisted upon a full
panel of u.
Additional names were drawn from
the jury box by Judge Barrow and
the deputies were ordered to have the
talisman in court at 10 O'Clock this
morning, ut which hour the work of
securing two other jurors will begin.
Because of the popularity of the Leon
ards and for legal reasons, IS of the
qualify. They were biased or prejudiced
and could not serve. The defense ex-
hausted II of its strikes and the
state Z.
The ten jurors sworn were John G.
Barthelmess, Walter S. Boyd, Charles
worth ]. Hunter, Richard A. Glenn
ence, Charles A. Freeman, William S.
Nungezer, Deidrich Entleman, Clar-
ence G.. Anderson, Jr., William A
lit
They all took the oath before the af-
ternoon session of court and were fur
rished dinner at the Court House The
ten jurors were still kept in custody
after the adjournment was taken until
this morning. and deputies were put in
charge of them, the defendants being
charged with felony and it requiring
the consent of both the prosecution
and defense to have the jury released.
The defendants are charged with
having purchased valuable brass fit
tings from Charles Kimball, who was
employed as Waterman at Rourke's
Iron Foundry. Kimball was arrested
for the theft of the brasses alleged to
have been purchased by the defend
ants and was convicted of the crime
for which he was indicted. He was sem
fenced TO serve term in the peniten-
tiary and was brought to the city and
lodged in the county Jail yesterday
where he is held as a witness for the
state.
The argument on the demurrer filed
was full and lengthy. The defense set
forth the claim that the description of
the property is not set out with suf-
nc1ent Particularly in the indictment
against the accused
The defendants say that there is a
fatal difference between the descrip-
ton Of the property alleged to have
been stolen by Kimball and the prop
erty alleged to have been received by
them. They say that because of this
difference they cannot intelligently pre-
pare, defense to the indictment for
the want of intelligent information,
The indictment alleges the larceny of
a certain lot of BRASS to-wit; 1000
pounds, land further that the defen-
dants received "a certain lot of brass"
The defendants say that the descrip-
ton of the property alleged to have
beer. received by them Certain lot of
brass fittings. to-wit; 400 pounds. of the
value Of $780," is too broad and general
In its character and is not sufficient
ly clear to put. them upon notice of
the property that it is alleged was
stolen from Rourke's place; the term
brass httings" embracing as it does
numberless small, articles of brass of
various xmas ana descriptions and
used for various purposes.
The trial promises to be an interest
ing one and will be hard fought. Rob-
ert L, Colding, Esq, appears for the
defendant, and Solicitor General Os-
borne for the prosecution. Capt. John
Rourke, from whose foundry the
brasses are alleged to have been stolen.
is actively engaged in the prosecution
of the case and win be used by the
state as a witness Members of the
police department and detective force
Will be used as witnesses during the
hearing. The trial will probably be
concluded to-day.