The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-01
Second Jury for the Old
Nick Case.
w. H. Woodard, Former Travelling
Salesman for Indicted Company
On Stand When Court Adjourns
for the Day.
Especial to News and Observer


Greensboro, n. c.. oct. 31.-When
Federal Court convened at eleven
O'Clock this morning to resume the
trial of the case against the Old Nick
Distilling Company. which had been
in progress for a week, but was sus-
pended Yesterday by reason of the
sickness of Juror Wilson, Judge Boyd
announced that DR.. j. w. Long had
reported i'm the presence Of the coun-
sci that the sick Juror was worse this
morning, having possibly typhoid fever
and it would be impossible for him to
serve. Continuing, he said that the
only course left them was to order a
mistrial Of the case. The eleven jurors
in the box were then told they could
disperse and report ut twelve o'clock.
Judge BoYd said the next question was
as to what further stecs should be
taken. This case ought to be tried,
he said, and then, Gentlemen, what
do YOU desiIe?" No response came
kept from District Attorney Holton.
who, without rising, simply stated,
Your Honor, the Government is ready
to proceed with the trial"
No word was spoken by the defend
ants counsel. Judge Boyd stated to
the eleven jurors that ing on the
regularly special venire they would re-
port at twelve O'Clock. He then ur-
dered the marshal to summon twelve
tai smen from the bysranders and if
disinterested men could not be OBJ
taincd among them go out in the city
and summon only men legally quail
fed to serve as jurors, and ordered
court to be called and they summoned
to app Har at twelve o'clock Marshal
Miliken stated that he could not tell
from those in the court house who
were witnesses and who were not.
Judge Bovd announced that if there
was 2 man present qualified to serve as
Il juror who was not d. witness in the
case, he should hold UP his hand. out
of room full Of people only one hand
appeared abo"c tho heads of the
crowd and Cne talisman. Mr.. John
Rankin, of Greensboro, was caught.
Tn marshal then went out in search
Of eleven others
The only break Of silence on the
part of the defendants counsel was
made by Judge Bynum, and he only
requested that tn" marshal furnish
him with, ,'st Of the twelve taIesmen
as soon rs thcJ were secured.
When court rc-conven"d ait twelve
o'clock cou,Sel for defendants broke
their silence r. a motion that in the
beginning of the caGc it be com
menced as if at the beginning of the
term and that the eleven jurors regu-
larly- summoned and composing the
venirc be passed uDon in a body be-
fore any talcsmen were called. Judge
Boyd overruled this motion and de-
fC Cndants eXccUted. The names of the
twelve taIesmen and of the eleven
jurors were then placed in a hat and
the selection of a jury began.
Powerful SicIlly Crowd.
When 1hia point was reached there
WAS a dclUge of requests to the judge
from the old Jurors to be excused.
The first Juror had bad bowels, and
he was kindly excused UD popped
another with rheumatism, and Judge
Boyd reluctantly let him off and then
another jumped up and he had the
very same affiictiOn, only ''Worser, p"
and he Of course. he'd to be excused.
Judge Boyd hesitated so long about
this case that others who had risen
mCekiy sat down and awaited their
fate. At ore-thirty O'Clock eleven
Ten had been accepted but this was
long after the original twelve tales
men had been exhausted. and several
new ones called. 1t is a high c0mpi-
ment to the cid jurors that out of six
remaining after Judge Boyd had ex-
cuscd four only one was challenged
and that BY the District Attorney a
juror Mr.. J. NJ. Hendrix, of Green's
boro, whom asked by the defendants
if he had formed or expressed the
opinion that defendants were guilty
replied that he had not expressed any
opinion. bit that he had formed the
opinion that no man engaged in dis
tillIng could make money without de-
frauding the Government Judge
Boyd said ho did not believe the gov
or M ont tod Ii,
while It wFs 30 sort Of a reflection on
him that he had such an opinion. He
asked tho District Attorney if he did.
and Mr.. Eo.tun said "Eo' and he was
willing for him to stand aside for
cause. The twelfth Juror was secured
at las. when court took d recess for
dinner.
When Z. P. Wharton. of Green's
boro. was challenged by defendants
IN answer 10 2 question # he nad
formed or expressed the opinion that
the defendants were guilty, he said
he had and was stood aside. Another
Incident was after the District Attor-
ney had exhausted his eremptory
challenges w. r. Land, the last OF the
talesmen called, said voluntarily that
while he knew nothing about TINS case
except what he had read IN the papers
and was Unbiased, vet ne Wlshed 70
say tHdL from WHtt He hIh11 i' ~,
heard Of the defendant n. Glenn WIZ
liams he did rot believe him TO be
corrupt man judge Boyd ruled that
this did not discualify him from sel'v-
ing and the nanel was completed,
compOSad of the following SIX OLD
jurors. NJ. Fl. Robertson. ID. a. Muir
ray. w. I. Witty, Noah H. Smlth, JAS
Smith. and Thomas Gouley and ne"
ones Tohn r. Cutchins. j. Fl. Rankin,
A, q Rankin. w. II. Rees. w. r. Land.
and w n Turner all of Greensboro.
Pending arrival of witness who had
before been examined and discharged
when court met after noon recess ".
H. Woodard. a former lraaeIi,,S -,
tortir1on,- vas being taken when Juror
WiIeon bacame sick, but was incom-
plated. was the first witness for the