The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-23
The Selection of the jury

Especial to News and Observer
Wilson. y. c., June 19.-The announce
ment at this mornings session that it would
be the purpose of the State to try only
one of the defendants, in the Jones muir
der case, Gil Ward, on the charge OF
murder in the first degree, and the com
pletion of the work of securing the jury
at seven o'clock this evening, were the
two salient features of the opening day
of the trial.
Long before the hour for opening of
court this morning county people who had
learned Of the trial, began to arrive and it
became 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 and 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 minute being finish
ed Solicitor Daniels announced in open
court hat it would be the purpose of the
oldOc lily ouIy Ouc VI liz v ucltlIu-
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 F.. Woodland at once arose
and asked for a continuance. He argu-
ing that 1T had been previously announced
by the Solicitor that these five defendants
would be tried for murder in the first
degree, and that it was not Just to his
clients to allow the solicitor to use his
arbitrary power in the matter. BE
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 a verdict OF murder in the
second degree under an Indictment foI
murder in the first degree, and that the
reason for a special venirc was that it
was the desire of the State to secure d
fair and impartial trial.
Solicitor Daniels explained to the court
hat while he announced at a previous
sitting Of the court that these defendant.
would be tried on the charge Of murde,
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, whit,
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
s~limmonlng the jury had been taken up
The following order was made and or
dercd recorded by the court: That befor,
the James Of the regular jurors Of tn,
special venlre were placed in the hat tt
be drawn that the solicitor announce
in open court that the defendants now 70
trial, he would not ask for a verdict o
murder in the first degree against Morgan
Allen, Rich and Whitley, but would asl
for the verdict in the first degree agains
Ward. And as for Morgan, Allen. Whit
ley and Rich he would only ask for {
verdict of murder in the second degre,
against them. Before an order was mad,
directing a special vcnire in this case, /!
response to a question from defendants
counsel As to whether these defendant
would be put on trial for murder in tn
first degree, the solicitor stated in opel
court that he would try them for murde
in the first degree. The defendants
counsel moved for a continuance Of til:
case for the reason that the solicitor an
nounced that he would only ask for
verdict of murder IN the first degre
against Ward. The motion is denied an
the defendants except.
The work of getting a jury was the
taken up. Mr.. John z. Woodland. for tn
defense, examined the jurors and one O
the leading questions was: Have yo
read the accounts of the killing in tn
: Wilson Daily Times to which in mos
, cases the answer was in the affirmative
Great stress is being laid on this que.
; ton and many jurors have been refuse
{ On these grounds.
AT the close of the morning session onI
e three jurors had been chosen, Messrs. {
l P. Thomas. ]. I. Moore and w. I
e Drought. During the examination /,
jurors an effort was made to exercise til
right of twenty-three challenges above
9 each defendant on trial for his life.
: The court ruled that only one defendar
being on trial for his life the other fou
h defendants would be allowed only fo,
n challenges, the number prescribed by LAY
THE AFTERNOON SESSION.
The work of securing a jury was agai
d taken up when court was convened at tt
d afternoon session. This work went c
e with the usual questions and answers u
til the name of K. II. Lilies was ca Il,
by the sheriff. When Mr.. Lilies came in
n the box to be examined as to his cor
potency to serve on the jury, Solicit,
Daniels asked him if he had been a