The Montgomery advertiser., 1906-11-15
JURY DRAWN 1 IN BIG TRIAL Alabama Peonage Cases Under Way. DEMURRERS ARE OyERRULED
'DEMURRERs ARE ovERRULED
Judge Swayne Decides Against De-
 fendants on Every Count.
After Many Delays Twelve Men Are Finally selected So sit in Em- pOrtant Legal Struggle
 Testimony Today.

pansacola. Fla, Nov. 14 .--tSpecial.)--
 When the United States Court conVen-
 cd this morning to again take up the
 indictments against twelve persons tol !
 peonage and conspiracy to commit
 neonare. Judge Charles Swayne. an-
 nounced his decision in the demurrers
 to the indictments which he had taken
 under consideration the day previous. He oyerruled every objection of coun-
 sel for defense. As result. aif tie
 peonage cases will be tried at tnis term of the court. The objections and demurrers to the indictments princi- palIy consisted of arguments that cer- l tain portions thereof. relative to the 1 treatment the men are alleged to. have received at the hands of defendants. should be stricken out, as II woulo | have a tendency to prejudice the jury against the defendants.
 The court held in substance that IT the Government could prove the alle- | gations of i'll treatment, # was very f essential paft of it's case. and came directly under the statue bearing upon i the matter.
 l When court convened at 10 o'clock the court room was crowded, and ,khe deepest silence reigned, as Judge | Swayne rendered his decision upon the 1 various points he had taken under ad- visement at the close of the preceding day's session. The defense was repre- sented by an imposing array of legal talent, the Government was assisted by Assistant Attorney General Chiles w Russell of Washington. who had
 been specially detailed upon the case. After the decisions had been rendered. a short conference of attorneys ensued after which 1t was announced that the first case tomorrow to allow the attor- o'clock tomorrow to allow the attor- neys to further prepare for trial. 1t 11 fsrsN ance would expedite the handling of the case before the jury.
 The court convened promptly at o'clock, but considerable delay ensued owing to the absence of the attorneys for the Government. The delay dis pleased Judge Swayne who rebuked the
 attorneys upon their appearance, saying
 that had q juror delayed the court a fine would have been inflicted
 The case against Messrs. W s. Har- Ian, s. E. HugEins. W. s. Howell and c. c. Hilton. all of the Jackson Burn- l Der Company, for conspiracy to com init psonage. was called, and attorpeys l for defense announced thst the indict- ment had only been returned during the morning, and they had not had an opportunity to examine 1t. They asked | for few minutes to examine it, which | was. granted.
 The Government announced itself | ready for trial, the defense having pleaded not guilty. Defense objected tC the jury Already called acting in thu case, on the ground that the jury wal called before defense announced ready The court overruled the objection, stat ing that the jury had been called regu larly, previous to the announcement oi
 ready by defense. Counsel for prose. 1 cution asked that jury be recalled tC
 satisfy the captious demands of the de. l fanse and this was done.
 l Defense reviewed objection to any
 member of the jury sitting in the case
 on the ground that their names haC
 not been drawn from the box in the i proper manner. The court overruler the objection and defense noted an ex- | ception to the ruling.
 | The various jurymen were then ex