The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-20
is ASKED
The Defendants Counsel Give as Their
Reason the Announcement Made
Above---The Motion is De-
nied---Proceedings of
the First Day.
Especial to News and observer.)


Wilson, NJ c., June 19-The absorbing
subject here since Tuesday has been what
would be the next move in the Jones
murder case which has been set for trial
on Friday morning by Judge Shaw. The
sheriff with his deputies have been busy
for the past two days summoning tho
special venire ordered for this trial Long
before the hour for opening of court this
morning county people who had learned
of the trial, began to o~arrive, and it be-
came necessary for the sheriff to put a
guard at the court house door in order
that none but the special venire might
get in. After court had convened and all
the veniremen had secured seats the doors
were opened aud the waiting crowd was
admitted. No case IN the history of the
town has attracted so much attention
and the progress of the case is being
watched with interest
The reading Of the minutes being finish
ed Solicitor Daniels announced in open
court that it would be the purpose Of the
State to try only one of the FIVE defend
ants, Gill d. Ward, on the charge of muir
der in the first degree. and that the other
defendants, Whitley, Allen, Rich and Nor
gan would be tried for murder in the
second degree.
This move on the part of the States
counsel was a surprise to the defense,
and Mr. John E. Woodard at once arose
and asked for a continuance He aFgu-
ing that it had been previously announced
by the Solicitor that these FIVE defendants
would be tried for murder in the first
n1d hot
clients to allow the solicitor to use his
arbitrary power in the matter He
argued further that a special venire is
only admissible in capital cases and that
with the present change of charge the
defense had a right to ask the venire
discharged.
Mr.. Spruill for the State argued to the
court that the solicitor did have the
right to ask for verdict of murder in the
second degree under an Indictment for
murder in the first degree, and that the
reason for special venire was that it
was the desire of the State to secure a
fair and impartial trial
Solicitor Daniels explained to the court
that while ne announced at a previous
sitting of the court that these defendants
would be tried on the charge of murder
in the first degree he still had the right
to announce later that they would be
tried only for second degree murder.
The defendants counsel argued further
that by the change of the charge only
four challenges would be allowed, while
under the first charge they would be al
lowed twenty-three
His Honor announced that this matter
would be taken Up after the work Of
slImmoning the jury had been taken up.
In Tnli Nrda
dered recorded by the court: That before
the names OF the regular jurors of the
special venire were placed in the hat to
be drawn that the solicitor announce
in open court that the defendants now for
trial. ne would not ask for a verdict of
murder in the first degree against Morgan,
Allen. Rich and Whitley, but would ask
for the verdict in the first degree against
Ward. And as for Morgan, Allen, Whit
ley and Rich he would only ask for a
verdict of murder in the second degree
against them. Before an order was made
directing a special venire in this case, in
response to a question from defendants
counsel as to whether these defendants
would be put on trial for murder in the
first degree, the solicitor stated in open
court that he would try them for murder
in the first degree. The defendants
counsel moved Tor continuance OF this
case for the reason that the solicitor an
nounced that he would only ask for
verdict of murder in the first degree
against Ward. The motion is denied and
the defendants except.
The work of getting a jury was then
taken UP. Mr. John E. Woodard. for the
defense. examined the Jurors and one OF
the leading questions was. Have you
read the accounts of the killing in the
Wilson Daily Times to which in most
cases the answer was in the affirmative.
Great stress is being laid on this ques-
ion and many jurors have been refused
IN these grounds.
At the close of the morning session only
hree jurors had been chosen, Messrs. G. y
?. Thomas, ]. T. Moore and w. Fl.
Drought. During the examination Of
urors an effort was made to exercise the
light of twenty-three challenges allowed
,ach defendant on trial for his life
The court ruled that only one defendant
,eing on trial for his life the other four
ADD WILSON MURDER CASE
defendants would be allowed only four
hallenges, the number prescribed by law.
(Confinuad IN Sec0nd Paon