The leader., 1905-05-17
FRANKLIN WIiITE CAP
CASES CONIINuED

ChSE3 tVNtINuEU.
Continued from 2nd page.
gress, Julia Bass, was never be-
fore the grand jury as 4 witness
so far as he knew, and he never
saw the woman.
Mr.. Ben T.. Todd, foreman Of
the grand jury, was next sworn,
and testified that he was present
at all the sessions; that H0yt was
II the grand jury room as q wit
ness to give testimony during the
investigation: that Mr.. John 2.
Butler, Of Franklin county, was d
member Of the grand jury, and
did not urge the indictments, but
voted for them; that Hoyt's eVi-'
dence was chiefly hearsay. togeth-
er with memoranda Of evidence in
book form he had prepared to
submit to Governor Vardaman;
that these books were left with the
grand jury one day; that Hoyt
was before the grand jury four
times, but never while the other
witnesses were il the room; that
Hoyt was called back chiefly to
explain his own evidence, and the
memoranda and testimony prepar-
ed for presentation to the COVER
nor; that the various witnesses
testified exactly as shown they
would in Hoyt's memoranda, and
the grand jury found him clever
fellow.
Cross-examined BY Mr.. Miller
the witness said that the state
ments referred to we're confessions
of co-conspirators; that Julia Bass
was not summoned by him as 3
grand jury witness.
a. D. Gearin, a negro from
Holmes county who was a mem
Der of the grand jury, was called
ito the stand. He testified that
he did not know Julia Bass; that
be saw A. j. Hoyt before the
grand jury and heard his testimo-
my; that he saw him 10 the room
at the same time with other Wit
nesses, but Hoyt did not talk with
1these Witnesses; that John P. But
Ter did not have any more to say
labOut the cases than any other
member of the body, nor did But
Ter urge the finding of indictments.
Cross-examined by Mr.. Miller
witness said he saw a woman said
Ito be Julia Bass sitting in the
hall leading to the grand jury
room, but she did not 60 before
the jury.
District Attorney Lee admitted
that Julia Bass had been recon-
mended as a witness, but was ex-
cused to 60 home to her sick hus-
band.
Anderson Brown, negro wear
ing a clerical air, was the next
witness, and said that he was sum-
moned from Brookhaven as a
grand jury witness; that he saw
Julia Bass here as a witness; that
! he saw Hoyt going in and out of
the grand jury room, and thought
] that he saw him go.in once while
another witness was in the room.
Cross-examined by Mr.. Miller,
witness said that Hoyt was going
in just about the same time the
other witness was coming out;
THAT he advised Julia Bass to ask
| the district attorney to let her 90
home when she learned that her
Husband was about to die; that he
knew Hoyt in Lincoln county
when the latter was working up
the white cap evidence in that
county.
The defense submitted it's case,
and Judge Niles PROMPTLY over
ruled the plea in abatement, and
the defense excepted.
What says the government" Z"
asked Judge Niles.
We are ready, your honor, "
replied the district attorney.
What say you for the de-
fenseg was the nextsqnestion.
Mr.. Williamson replied that
the defense was not ready for tri-
al, all Of the witnesses not having
been summoned; chat the defense
lalso desired to ask for a sever
ance, as it would be impossible to
TRY the ten prisoners at one time;
that the defense desires TO sum
mon at least one hundred wit
nesses and is in q general state Of
unpreparedness.
81 shall certainly. onnose a sev.