The Montgomery advertiser., 1906-03-17
Written and Unwritten Laws in Conflict. THE CASE IS BEGUN ANEW Juror Beavers Dismissed and An
 other Secured.
Defendant Goes Upon the stand and Tells Straightforward story of the Killing of Gordon Red
 doch in buverne.
By VIII T. sbeehan.

the trial was started afregh and be- cause of an untoward circumstance the court had to turn back its wheels and retrace it's course over the same ground Juror Beavers did not recover from his heart attack of yesterday, although the doctors had done all they could to strengthen and stimulate him. He said in the early morning hours that he was unable to take his place in the jury box. The morning session of the court was lost waiting for him to recover. The physicians who had been trying to tide Mr. Beavers over his physical trouble testified that he was nervous and wrought up andFin no condition mentally to have part in the trial. The legal points bearing upon the illness of juror in. the midst or trial were argued pro and con. Judge Richardson announced that he. would dismiss the sick juror and have a new one selected and start the trial over anew.
 The written law of Alabama. and the unwritten law of the world came into direct conflict today and the victory temporarily may be with the written law.
 ResourcefuI Attorneys Baked.
 The attorneys for the defendant re- eourcefully and shrewdly sought to show that the acquaintance of Mrs Os- car Bishop and Gordon Reddoch was illicit and of such nature that 1t jus tieied the dishonored husband in talk ing the law in his own hands, but try as they might they could not get squarely before the jury testimony showing any intimacy between the dead man and the wife of his friend
 In vain did they ask Mrs. w. P. Knight If she had not seen Gordon Reddocli and Mrs. Bishop in the yard and if she had not notified Mrs. Bishop that she and Mir. Bishop would have to seek another boarding place. In
 did they ask pr. Knight if he had
 ,rbidden Gordon Reddoch from
 s on his premises and if he had
 en Reddoch and Mrs. Bishop to-
 close to the place of the shoot
 Eenty days before the shooting.
 in did they ask if he had not
 1 Reddoch against his attentions =. j. Bishop.
 alert attorneys for the State
 eady every time with an instant
 on and not once did they fail in
 objections. Each time the court (. led them and not once did the court admit a scintilla of evidence showing any undue friendship between fine dead man and Mrs. Bishop. The rulings of the court throughout the contention was that this matter was a thing apart from the killing of Cor. don Reddoch by Oscar Bishop.
 Legal Battle Hard Fought.
 Some of the evidence of this charac- ter got before the jury in the way a good lawyer puts forbidden but helpful evidence in the minds of jury; but the opposing attorneys fought a neat fight to prevent the line from
 z overstepped, and whether pr. It knew of those relations, what
 hers in the house knew of them,
 was not told.
 defendant was again on the stand
 n his own behalf. He Is tall
 man of about thirty. with an
 tinge to his thick hair and
 cropped mustache. He showed the idence of the terrible strain ne has been under and he shows that ne appreciates his position. He spoke nervously but the story he had to tell he told simply and we'll. There were no contradictions in it and the oppos- ing lawyers made but little effort to tanRIe him in a cross examination. Nor was he permitted to tell of the things that aroused his suspicious of the fig- ure that skulked about his room two nights before as he wanted to tell, but the lawyer forbade 1t. To make up for lost time court was held until near ly Il o'clock tonight.
 Juror stIH Sick.
 Juror Beavers was huddled in big chair by the hot stove when the court was called to order this morning by Judge Richardson. The ailing juror was the subject of concern of all those in the court room. Would he be able to go on with the case, or would his ill., ness stop the case where 1t was?
 Judge Richardson ordered a cot
 Ut in for Beavers, and. wrapped
 uilt. he was laid on the cot in
 he frW no frHor hon
 an examination of the sick
 " a committee of physicians.
 tors who examined Beavers and
 sd in the report which was
 ade to the court. consisted of
 M T. Tankersley. Dr. Henry
 nbie, Dr. J. E. Kendriek, pr.
 endrick and Dr. J. R. Horn. pr. lnkersley presented the report of the doctors. They had found that Mir, Beavers had a strong pulse and there was no indications of fever. In the opinion of the physicians he was able 10 go on with the trial of the Judge Richardson asked the juror; DO you feel able to go on with the trial?" ~ :. tudge." said the juror from the cot. S6on,t VOL think you could hear and understand the evidence?" asked the "i'm afraid I couldn't remember it. 4,,dge" 1" he responded. When I have these spells my mind is not right Judge Terry Richardson for the de- fense, said: o,se this juror and agree that your honor shall empanel and qualify new iuror to take his place in the jury box, so that we may proceed with this case. I am of the opinion that your honor has that right"
 Objection by State.
 Rut the State objected to this Speak ing for the State, 4-r. Parks said: "The State will not agree that this turor shall be excused and another iu TOT empannelled in his stead. The State denies the right Of the judge to excuse a juror after tho trial has be- run and substitute another. I do not think that our friends can find any