The leader., 1905-05-17

hard up.
All jurors summoned for the
week were ordered to leave the
|eourt room and the defense an.
Inounced that il was III readiness
TO submit evidence on the plea.
| at this luncture several members
Eof the recent grand jury entered
the court room ID response to-
summons, among the number be-
ling Mr.. b. L. Todd, the foreman.
Hon. G. Hiram McGehee. for.
inner State senator from franklin,
Twas the first witness called to the
lstand. After being sworn the
witness testified that he was ac-
lquainted with John P. Butler and
EA. J. Hoyt; that Hoyt has been
lat work investigating the alleged
white capping in Franklin county
fos several months; that Hoyt has
been jointly paid By the citizens
of franklin and the governor;
that John 2. Butler. subscribed to
this fund, and that Butler has
been a member OF tile recent
grand jury; that citizens Of
Franklin are also paying for the
assistant counsel Id the prosecu-
ltinn of these cases; that b q re-
cent talk with Hoyt-the latter de-
Eclared there would be no compro-
mise.
Judge Niles refused to allow
witness to testify what Hoyt had
said concerning what took place
in the grand jury room, holding
that this was a matter on which
testimony could not be taken.
Cross.questioned by Mr.. Miller
the witness admitted that be re-
Gently called on the governor as q
member of the Franklin County
Law and Order League to confer
Eabout the white capper prosecu
tions.
Mr.. "A. j. Melton, Of Scott
county, a member of the grand
jury, was called to the stand and
sworn. He said that he was in.
the grand jury roum when the in
dictments against the alleged
white cappers were brought; that
be saw a. j. Hoyt in the grand
jury room four or five times, and
furnished the body with names Of
alleged white caps; that Hoyt was.
frequently called to the room to
explain the evidence Of certain.
witnesses, but Hoyt was never
sent for until the witness had re-,
tired from the grand jury room.
Mr.. Williamson wanted to know
why il was necessary to send for
Hoyt.to explain things, the wit
nesses had testified on if the wit
nesses couldn't explain himself
Judge Niles said the jury had che
fright to conduct its proceedings
as it saw fit.
Mr.. Melton said that Hoyt was.
never before the grand jury as a
regular witness. Several ques-
ltions were asked to which the
prosecution objected as leading
and irrelevant.
Mr.. Melton denied that any
witnesses were in the jury room
lat the same time with Hoyf; that
Hoyt was sent for only to explain
things not wholly clear to the
members of the jury; witness did
mot know whether Hoyt selected
| the persons who we're to 90 before
the jury to give testimony; that.
Hoyt furnished the foreman with
certain printed testimony and
statements, the result Of bis in-
designations in franklin.
Cross questioned BY Mr.. Mil
Ter witness said Hoyt was regu-
larly sworn as a. witness before
the grand jury and examined BY.
the foreman; that he was sent for
Eat intervals; be was sent for to
make the testimony more lucid !;
that Hoyt never urged the jury to-
find indictments; took no part In
the deliberations, and didn't seem
to care whether the jury returned
indictments or not.
Mr.. Melton said chat the me-
Continued on srd page, column 5.