The Birmingham age-herald., 1904-12-20
FIRST DAY SPENT
 SELECTING AJURY Large Crowd Attends Cornwell
 Trial at Bessemer THE LAWYERS HAVE TILT Task of Choosing TaIesmen Is Difficult. Captain cornwelI Seems to Be In
 Good Spirits-TrlaI Is
 Resumed Today.
THE LAWYERS HAVE TILT


 T. J. Cornwell. formerly president of the defunct Bessemer Savings bank, which is now in progress in the Bessemer city court. was consumed in the selection of the jury. The jury was not completed until this afternoon at 5 o'clock In the meantime over four panels, comprising l fifty talesmen. had been exhausted and both the state and the defense had used all of their challenges allowed by law. A large number of people crswd- ed the cour5 room. Judge William Jackson, presiding. call ed the court to order at Il o'clock this morning. The venire, composed Of 24 men in the jurisdiction of the court, drawn for this weaks session of court, were sworn be. The attorneys for the defense asked the first taIesman if he was depositor in the Bessemer Savings bank. The state raised an objection which was sustained by the court. An ex- ception was taken by the defense at this ruling
 Most of the talesmen were excused on their answering in the affirmative the question, Have you a fixed opinion as to the guilt or innocence of the defendant?" Captain Cornwell, the defendant. was present at the opening of the court. He was seated inside the bar with his at torneys with whom he talked constantly. advising and suggesting the questions to be propounded to the talesmen in the selection of the jury He appears in much better health than he was when he ar rived from Honduras last fall. It is noted that his face has regained his usual color and he seems to have fully recovered his old-tlme health and vigor, which was undermined during his six months stay in Central America. Outside of a rubber band which he constantly rolled and twined around his fingers Captain Cornwell showed no outer signs Of nervousness. He frequently smiled at the answers of the taesmen and the tits between the attorneys.
 Completed Jury.
 The jury as completed stands: V. E. c. Vermillon, furniture merchant; Hugh Hillhouse, miner; J. M. Humber, farmer; H. B. King, farmer; D. M. Franklin, farmer; w. D. Coughlin, bricsmason; J. T. Johnson, fireman; T. c. Sexton, farm CT; J. W. Payne, saloon business; W. D. Keith, real estate and loan business; J. C.. Meyers, rolling mills workman; B. l. Allinder, merchant
 With only nine jurors selected and only one challenge left for the defense, w. H. H. Judson was sworn in as a talesman. After answering all the ques- tons propounded by the court, Judge Jackson put the last question; Have you fixed opinion as to the guilt or nno- cence of the defendant?'
 MT Judson ''I have no opinion that couldn't be changed by evidence"
 MT. Judson then took his seat in the jury box, and was taken in hand by Capt. Frank S. White, the defendants attorney.
 Captain White: Were you a depositor in the Bessemer Savings bankT'
 MT. Judson T was.''
 Captain White, to the court: "Chal- lenged for cause"
 Solicitor Godfrey: "We object"
 The court sustained objection
 Captain White: Have you fixed opinion as to the guilt or innocense of the defendalt?'
 Solicitor Godfrey We object"
 Objection again sustained.
 Captain White: Were you editor of a Bessemer newspaper two years ago?' MT. Judson: "Yes; and 1 am still edi- tor of a newspaper"
 Captain White: Did you publish an editorial concerning the defendant?' Solicitor Godfrey objected and the court sustained the objection.
 Capt. White: Did you contribute money to prosecute the defendant"
 Solicitor Godfrey again objected and the court sustained the objection.
 Capt. White, addressing the court: We challenge for cause"
 The challenge was overruled by the court.
 The defendants attorneys. then hav- ing one more challenge left, excused MT. Judson.
 Hearing Resumed Today.
 The hearing will be resumed tomorrow morning at o'clock and the taking of testimony will begin.
 Capt. Cornwell is charged with embez- element in sixteen indictments, and the case will probably take up the greater part of this week. The defendant is rep resented by Capt Frank s. White & Sons, w. K. Smith and Mead & Porter. The state is represented by Solicitor l.. D. Godfrey and Pinkey Scott.
 The failure of the Bessemer Saving bank took place in July, 1903 Shortly after Captain Cornwell the president fled to Honduras Central America After living there for six months he returned to this city last winter broken in health He was met at New Orleans by a party of his friends who had already arranged his bond. amounting to 5000. A party of his friends met him at the depot on his arrival in this city and escorted him to his home.
 After regaining his health to some de- gree Capt. Cromwell entered the real es- tate and insurance business in this city. in which he is now actively engaged.
 Minstrel Success.
 The first performance of the Elks'