The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1905-04-18
EARL SMITH ON TRIAL
Special veaire Exhausted Before the
Jury Was Secured.

Yesterday Afternoon at o'clock
Earl Smith was arraigned in the
district court for trial on an alleged
charge of rape
The case was called for trial yes
terday morning. but as some of the
states witnesses failed to respond
when their names were called, the
county. attorney asked time to COM
municate with them by telephone
Shortly after court convened at 30
in the afternoon County Attorney
Smith announced that the state was
ready to proceed with the case. The
attorneys for the defense were then
requested to make an announce
ment. After receiving assurance that
certain absent witnesses would be
here the defense announced ready
The work of securing the jury
was then commenced A special
yenire of sixty men had been sum-
moned from which to select the fury.
The list was called by the sheriff
and all but five or six answered to
their names. Two of the absent
ones who had not been excused were
fined $50 each. After the court had
propounded the usuaf questions to
the jurors touching their qualifiea-
fions to serve on the jury, he asked
If any had general excuse to offer
why they should not serve If Sc
lected. Various and sundry excuses
were offered. One man was excused
because he belonged to Uncle Sam s
army OF fourth class post masters.
Another said he was a little hard of
hearing. but the court asked him
TO be seated until the attorneys had
an opportunity TO ask him a few
questions, Three men wanted TO be
excused because they were road
oyerseers. Gentlemen, have you
worked the road this year? asked
the court. They replied I'm the mega
tive, but promised 10 attend to this
matter at once If excused. See that
you do it" laughlngly replied the
court as he granted their request.
Lists Of taIesmen were then made
out by the clerk and the attorneys
for each side provided with copies.
The aFduous task of questioning the
Jurors by the attorneys was then be-
gun. The first man called to the
box was accepted by both sides. The
special venire was exhausted before
the jury was secured and the regu-
lar jury for the week had to be
drawn on, In making up the jury
two or three disqualified themselves
by stating that they had conseien-
tions seruples against the infliction
of death in capital eases One man
vas rejected because he had a fixed
opinion as 10 defendants guilt or
innocence from what he had read in
the papers, Several talesmen were
drawn from Ennis, and these were
rejected because they had already
formed opinions In the case. At 3
O'Clock the last juror was sworn in,
and the list is as follows:
NJ. c. Godfrey. J. B. Williams, c.
NJ. Wakeland, G. f. Piumhoff. John
Staples. $, II. Moses. Dave Thrash.
r. F. Parks, W A. Lavender, ]. c.
Maioney, $. c. Williams. ]. n, Me-
harg
The defendant was then arraigned
and the indictment read In reply
to the courts question whether guilty
or not guilty. the defendant replied
that he was not guilty The indict-
ment was next read before the Jury
and 10 this reading a plea of not
guilty WAS entered
The witnesses for both sides were
then called. put under oath and
placed under the rule
The offeuse for which the defend
ant Is being tried is alleged to have
been committed at Ennis on August
p, 1904, the alleged victim being
Mollie Lewis. a girl under the age
Of fifteen years She Vas the first
witness called 90 the stand and
under oath gave detailed account
of the affair
The prosecution OF this ease il be
Ing conducted by County Attorney
Smith and his assistants. W H.
Fears and G. A. Pippin. John a.
sharp of Ennis and NJ u. Templeton
and W L.. Harding Of this city are
ranEaanntlnr The AafnnAnnt