The Birmingham age-herald., 1904-09-27
Defendant Charged With Mur-
 der of Hardy White
TESTIMONY BEGINS TODAY
Defense Made Motion for Continuance on Account of Absent Witnesses. Eleven Attorneys Are En-
 gagged In the Case.

home Is in Ensley, will go on trial this morning on the charge of murder in the first degree. The defendant is charged with taking the life of J. Hardy White. who was at the time of his death a mem Der of the city council of Ensley.
 The shooting occurred late one night last winter, following closely upon the adjournment of a regu.ar meeting of Ensleys municipal board. White was the chairman of the police committee of the council, and the trouble IS said to have arisen over the dropping of a brother of Tetherow from the police de- pertinent and reducing in rank of another brother.
 The case was called yesterday in the Jefferson county. Judge Samuel E. Greene presiding. The organization of the jury commenced at o'clock and in two hours time 1t was organized and sworn by the court
 The Jury
 The members of the jury are as follows: R. F. Hinds of Beat No. 21, a machinist. U. oJ Ol otdl NO. Q, d IdllTOdQ man.
 J. S. Livingston of Beat No. 45 ma chinist.
 J. M. Young of Beat No. T, a farmer. w. P. McEver of Beat No. 46, a black smith.
 Amos Manning of Beat 3, a miner. J. c. Vines of Beat No. 33, a clerk A. D. Cecil of Beat No. S7. grain mer- chant.
 R. D. Riley of Beat No. B. a farmer J. w. Dumas of Beat No. Il, a farmer B. J. Jeffcoat of Beat No 10, car penter.
 The defense had ten challenges in the 'sanizatio7 ef the sury and the state had five. A. of these were exhausted, and the twelfth juror was assigned to a place in the jury box without being question: ed other than an examination by the court for qualification to serve.
 The Attorneys.
 The following are the attorneys in the case:
 For the state, Solicitor Harrington P. For the state, Solicitor Harrington P. ston, Assistant Solicitor J. B. Aird, Capt. Frank S. White. Frank s. White. Jr and Romaine Boyd.
 For the defense. Jesse F. Stallings Judge zell Gaston, c. c. Nesmth. Rob- ert N. Bel and John T. Shugart.
 Upon the roll call of witnesses, two for the defense, Rust and Honnycutt, failed to respond. After consultation the att torneys for the defense moved a con tinuance of the trial. This motion was resisted by the state and the court sus- tained the resistance. The defense con tended that Rust was the only eye wit ness to the tragedy.
 While the attorneys were arguing for the continuance the statement was made that Rust, who is supposed to be at Rising Pawn. Ga., was in Ensley Sum day night. Police Officer Camp of Ens- ley was called into consultation by the attorneys for the defense.
 Afterwards the attorneys for the state called upon Officers Camp and Ward to testify with reference to Rust being in Ensey Sunday night. Officer Camp was sworn and testified
 About Witness Rust.
 T saw Mir. Rust in Ensley Sunday night. I was with Officer Ward at the time and we only talked with Rust for a short while''
 After the examination by the defense had ended, Captain White asked of Off, cer Camp:
 Did you not tell us few moments ago that you had not seen Rust for sev- eral months?'
 T was not sworn then" replied the witness.
 Well, you are sworn now-did you not make that statement?'
 T will not answer that question unless the court desires me too."
 Judge Greene: Answer the question" Officer Camp: ''Yes, I did tell you that"
 The court then rendered It's decision refusing continuance.
 During the afternoon session the court observed young man puffing on a cig- arctic in the rear of the court room. Judge Greene instructed the bailiffs to al- low no one to smoke in the court room. under a penalty of fine of s5.
 Court adjourned until 9:3o o'clock this morning.