The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-02
THE TWELVE MEN
ARE PICKED OUT.
Il Took Five and a Half Hours to Select the
Jury to Try Ernest
Haywood,

Doctors certificate that he was not able
to attend.
E. j. Bagwell, excused on account of
critical illness of his father.
l.. d. Stevenson, excused on ground OF
being witness.
w. H. Young, excused by certificate of
Dr.. ]. ]. L. McCuilers.
rheumatism.
J.. G. Allen, summoned as a witness.
F. B. Arendell. excused on physicians
certificate.
S. w. Whiting, excused on account of
sickness.
j. R. Chamberlain, excused. Postmas
ter at West Raleigh. Judge PEBBLES said
he did not know there was such a post
office.
Joseph E. Pogue offered the excuse that
he was Secretary Of the State Fair, and
extremely busy, but the Judge would not
excuse him.
C. Hutchings, excused on physicians
certificate.
George W. Thompson, contributing mem
Der of State Guard.
C. B. Barbee, excused on physicians
certificate.
w NJ H. Smith, member of State
Guard.
T. B. Rollins. excused on account of
deafness.
G. E. Robertson, excused on account
of sick child
w. E. Anderson, excused on account of
sick wife.
Alfred Powell, excused on account of
sickness.
w. A. Hnehan, member of city fire
company.
W. T. Smith, excused on account of
rheumatism.
| L. C. Nichols, Assistant Postmaster at
Fuquay Springs.
E.. o. Penny, excused on PHYSICIANS GER
| tiflcate.
| C. j. Parker, excused on account OF ILL
ness of children.
| j. H. Mangum, excused on account OF
illness.
| Herbert Jones, excused on account of
illness.
Others excused as witnesses were w.
P Rose, w. N. Smelling, J. T. Edwards,
T.. F. Brockwel NJ. T. Norris, C. B. Ray
and B. Franklin.
The following failed to answer to their
names, and were fined $50:
Joseph Howard r. j. Jones' G. r. Bag
well.
WORK GOES ON.
The names of the remainder of the
special venire of $50 were now in the hat,
and they were drawn one at a time by
Master Spencer Stell and called up to be
questioned as to their competency to
serve, as follows:
j. D. Peoples, of Wake Forest, was first
called. Passed by Senator Norris. Had
served as talisman at October term.
1901, and so was stood aside by Col.
Argo.
| C. t. Hester. of st. Matthews. Passed
by State, rendered by defense, and took
his seat as No. 2.
| J. P. Massey, of Swift Creek. Passed
by State. Had expressed opinion defend
ant was guilty, and stood aside.
| John W. Todd, Marks Creek. Passed
| by State. rendered by defense, and per-
ornptorily challenged.
! A. l.. Garner. Passed by State. Had
not paid taxes for last year.
W. H. Richardson. of Neuse. Chal-
lenged for cause by State. Had served
on jury at September term, 1902.
w. H. Novel;. Passed by State. Ten
dereu Wy ucleIse ara DerempeoriiS cnai-
lenged.
G. S. Catlett Challenged by State.
Cause admitted by defense.
| Henry Davis, Barton's Creek. Passed
by State. rendered by State and ac-
cepted. Sworn in as juror No. g.
]. E. Franklin. Challenged by State and
cause admitted.
! L. w. Alderman, sent to foot of panel
by State.
B. w. Todd. Passed by State. Ten
dered by defense and peremptorily chal-
lenged.
]. w. Coffey. Stood aside by defense.
Had served on jury last year
G. M. Spence Challenged by State and
cause admitted.
/ At this point Mr.. Daniel noticed that
juror No. l was absent from his seat,
and asked where he was. The Judge ask
ed Sheriff Page where he was. The
Sheriff said he had permitted him to
leave the room for few minutes under
charge of a deputy. ''You did what?"
asked the Judge. The Sheriff repeated
what he had done. The Judge told him
he had no right to do that. Mr.. Daniel
said Il would like to know, Your Hon
or, what effect that will have in this
case. never heard of such thing be-
ing done before. separating jurors like
that Neither did t. said the Judge.
Then Judge PEBBLES had the juror and
the deputy both sworn, and they stated
that not a word had been spoken rela
tive to this case. Both the State and
defense waived objection, the attorneys
saying they would consider it merely an
inadvertence on the part of the officer.
John l.. Sorrell. Sent to foot of panel
by State.
r. " Holt, of Cary. Passed by State.
Continued on Sixth Page.)