The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-13
Sensation Marks
Gattis VS.. KiIgO.
CONTINUED from First Page.

store, but was putin the box.
Are you a freeholder?" he was
| asked. "Own land? ?" mo"
You are not married?" asked Col.
mo, sir" and Mr.. Pool stepped
aside.
Counsel i'm Tilt
At this point Colonel Argo asked
| the general question as to Whetner
any of the jurors were related by
blood or marriage to the defendants
and Mr.. Pou objected.
Then we play our hands,! eXclalm-
ed Col. ArgO.
Not understanding any such sin
full language" said Mr.. Pou. DO
you mean that the jury is with u.s.
Said Col Argo: You have had q
change of life, them
Mr.. Bunch was excused, having
stated that he had made up his mind
i'm Mr.. Gattis' favor.
Mr.. Avent also answered that ne
had made up his mind in Mr.. Gattls
favor and that it would require strong
evidence to change him. He had READ
every line about the case, declared MI
Avent.
Mr.. ]. w. CreeI also had expressed
the opinion that the plaintiff ought
| to recover.
Mr.. Hill was dismissed as not being
a freeholder. Mr.. Atkins came in the
box. Mr.. r. E. Williams was per-
emptorily challenged by the defense.
Mr.. G. 7. Jones came in the box ana
was set aside--not a freebooter. Mr..
M. L. Oldham took the box and Mr..
UzZle stated that he had formed an
opinion, and that in justice to DR..
Kilgo he didn't think he was qualitied.
Mr. Allen was peremptorily challenged
by the defense. w. b. Hunter said
he had formed opinion and that DR..
Kilgos evidence in his own behalf
would have to be very strong ana
without a reasonable doubt to change
him. Mr.. Carpenter had formed an
opinion for the plaintiff and would be
almost afraid to risk it, in giving
an impartial trial. j. b. Norwood
came into the box. Mr.. Maroon was
Sworn for cause and stated that he
had not formed an opinion that plain
tiff should recover. Mr.. r. f. l..
Yates stated he thought he could be
governed by the evidence, although he
had formed an opinion. After eX-
animation by both sides and by the
Judge. the court held that he was
qualified.
Mr.. Pou then asked whether, if the
evidence should come out substantially
as it had been printed and the defend
art introduced no evidence, his opin-
ion was not already made up. Mr..
Yates answered i'm the affirmative, and
Mr.. Pou asked whether his mind was
not already so made up that he would
require evidence to change it.
Judge Moore then asked it, not
outstanding what he had partially
formed in his mind he could go into
the jury room and make up a YER
dict from the law and the evidence.
Mr.. Yates said he could and the court
found him to be an indifferent jury
man. Defendant excepted and chal-
lenged the juror peremptorily.
Mr.. G.. F. Crnkly, took the box.
O. w. Lyon was examined and stated
that he had formed opinion that the
| plaintiff ought to recover, that he
could give a fair trial He answered,
| however. that he would go into the
| trial prejudiced against the defendant.
| He was excused. j. r. HALEY took
the jury box. j. V.s1Norwood was
/ sworn, as was Mr.. Atkins who said he
knows nothing of the, case. Mr..
| HALEY was sworn and stated he knew
| nothing of the case. O. H. Hocutt was
| questioned and cause was admitted.
Mr.. Tompkins said he knew nothing
of the case. Mr.. J. p. Sorrell was
questioned; cause admitted. Mr.. j.
S. COrrell was called and sworn. but
was excused as being an active men,
| Der of the Raleigh Fire Department.
. Was Sent Home Quick"
Mr.. Stanly Jones said he had wife
and a two days old q baby at home,
! fifteen miles i'm the country with no.
body to stay with her except a little
boy. l,aa lI
| You go home as quick as you car"
said Judge Moore. Mr.. e. B. Tay-
Tor stated that he had formed the
opinion that the plaintiff ought to re-
cover.
j. M. Riggan was called and sworn
Mr. Oldham was questioned and cause
admitted
As to Paying the Jury.
At this point Judge Moore sent out
the jury and discussed the matter of
keeping the jury together. saying that
! there had been some complaint by the
county authorities at the great cost in
volved in keeping juries together. He
suggested that the costs should be
paid by the losing party. Counsel
suggested that bonds should be given
or money put up by either side, and
the matter of payment await the final
determination of the case. Mr.. Wat
son made a vigorous speech against
this idea of making the party losing
pay now, saying that the defense was
trying to grind down the plaintiff, who
| was d pun man. dll they IiolU " W.
was to sign a check. He criticised
the county for it's action.
Mr. Norris, county attorney, replied
to Mr.. Watson, pointing out that "A
recent jury in a damage suit had cost
the county $3.50 and that the case did
not originate in Wake but was moved
| here.
Judge Moore finally said that ne
would take the matter up in the ar
ternoon, and that the jury could go
to dinner at the expense of the
county. He then discharged all the
regular jurors except r. N. King, who
had made the disclosure as to Mr..
Rogers. and court adjourned until
three thirty o'clock.
Afternoon Session.
d. V. Foster was called and sworn
and stood aside, having served within
two years, as was S. H. Glover for
same cause. Mr.. Stephenson was
called. sworn and examined. and rne
defendant announced himself con-
tent.
For the plaintiff Juror Atkins was
examined and peremptorily chal-
d Vipcop 1yos called Mr.