The Montgomery advertiser., 1907-10-29


 Charlie varnef in their evidence. Last night they slept at the county jail.
 Both women appeared to have lost the embarrassment which was char acteristic of their testimony when they first told their stories in a court of justice. Mrs. Johnson, though at first backward, in describing conditions as they existed. recounted the incidents freely when she was led along by coun- ticent.
 Parry of Counsel.
 The Caffey cases were called for trial before Judge Thomas in the Criminal Court at 10 o'clock yesterday morn ing. Some time was spent In q legal parry as to whether counsel for the de- fense should be allowed to see the records of the grand jury containing testimony of the women before that body of last July. After several rui- ings adverse to the defense. the court finally allowed members of that grand jury to talk with the defendants counsel regarding the testimony of the women in the grand jury room.
 With this preliminary encounter con cluded. the defense moved for con- tinuance on the ground that the prin- cipal State witnesses. Mrs. Johnson and Miss Brown are under indictment for perjury.
 The defense declared that 1t would be unfair and unjust to force the de- fendant to face trial until the women had been tried. If they should be con yicted. 1t was contended, their lips would forever be. sealed to testimony in court of justice.
 Tn reply Solicitor Dent said it must be presumed today" that the women are innocent. that they didn't testify falsely before the grand jury. Of course, he added. it might be to the interest of the defendant to walt. but it would be an unusual rpoceeding.
 Judge Thomas overruied the motion and an exception was entered by the
 At this juncture. the defense for mally objected to the venire, the op- jection was overruied and an excep- ton was taken.
 caffey was then placed on trial for malpractice being overshadowed oy the greater capital offense laid at the door of the negro physician.
 Selecting q Jury.
 The drawing of jurors began and after about two hours. the following twelve men were procured to deter mine the guilt or innocence of the ters, W. A. Harweil, s. I. Hamm, Charles P. Gunter, Nj. J. Lawrence. A. F. Duncan, T. H. vann, A. J. Mattel, J. |. Raiey. Jesse M Jones and A.. K. Stern.
 After the jury had been empanelied and sworn. Assistant Solicitor 6eibels read the lengthy indictment alleging that Caffey, as result of his mall practice. caused the death of the in. fant of Mrs. M. Johnson.
 Mrs Johnson was the first witness called to the stand by the State. In detail, she told of her visit to Caffey and his alleged criminal malpractice. swer questions propounded to her in well couched language by the solicit tor.
 when the cross examination ensued, counsel for the defense did not mince terms. Their questions were framed in phraseology that could not be mis taken. The defense brought out the testimony from Mrs. Johnson that one Warner was at the ofEice of Caffey when she called there.
 Mrs. Johnson was in the witness chair when recess was taken for luncheon. When court resumed it's grind at 3:30 o'clock Mrs. Johnson was recalled briefly to the stand.
 The next State witness was Martha Hurd, the old negress at whose house in North Montgomery the crime is supposed to have had it's continuation. The old woman, among other things, testified that the infant which Caffey is charged with murdering lived fifteen minutes after birth. She also said that she was a witness before the July grand jury.
 Miss Brown was the succeeding wit ness called by the State. Her testf- mony was substantially like that of Mrs Johnson. She also mentioned the name of Charlie Warner as having been present at the offce Of Caffey when Mrs. Johnson called. She said the child lived from thirty-five to forty minutes.
 Dr. B. M. Kirkpatrick, physician. was called to the witness chair by the State. He testified that he was called to see Mrs. Johnson last June near the Louisville and Nashville round house in North Montgomery.
 The State rested with Nhe evidence of Fred Moore, ernbalmer for W. H. Tice, who buried the infant
 Following a short recess, the defense introduced Caffey. the defendant.
 It Is supposed that today the defense will put on more witnesses in addition to Caffey and probably that the State may introduce testimony in rebuttal. It is expected that the trial of the Calf fey case will be concluded today.
 The only other witness on the States subpoena list is Anna Reynolds.
 The remaining defendants witnesses on the subpoena record are Walter Fisk, Otis Lewis, Dennis Carr. Bailey Gardner, Simon King. Seab Holmes, Fred Hill, Fannie Docus, Charlie Var ner, w. B. Davidson and Pat McGauIy. Some of the men were summoned as members of the July grand jury. while Pat McGauly was eubpoenaed as the court stenographer.