The Montgomery advertiser., 1907-10-12
MURDER CASE
 ON FIRST DAY Dr. Caffey to Be Tried
 October 28. HIS ATTORNEYS MAKE PROTEST Object to Early Date for Trial and
 Special Venire. Judge Thomas, However. overrides ob- ieetions Ana Sets Case For Initial Day Of Criminal Term Of
 yCity Court.


 counsel, who contended that the minds
 of the jurors would be prejudiced by
 trial of the murder case against Dr.
 Frank Caffey simultaneous with the
 felony charges against him, Judge
 Thomas yesterday set down the Caffey
 murder case for trial Monday. October
 2s, which day the clerk of the city
 court has also set for trial the three
 cases of criminal malpractice against
 the negro physician.
 With the attorneys steadily obtecting
 to the procedure and claiming that It
 was altogether unusual and foreign to
 the custom of the court, Judge Thomas
 drew a special venire of seventy jurors
 from the box. These jurors. together
 with thirty regular jurors for that
 week, will make onU hundred jurors
 from among whom twelve men will be
 selected for the trial of the capital of-
 fense against Caffeys
 When the murder case was called
 yesterday morning for setting. mem-
 Der of the l2w firm representing Caf-
 fey immediately entered strenuous pro-
 test. The point was made that 1t was
 not customary to set capital cases even
 before the grand jury had adjourned. It was represented that 1t would be unfaia to the ssfendant and would only incur additional cost for the county. The attorney contended 1t was not just tozuse the same venire to try the capital and thesfelony cases for the minds of the jurors might beprejudiced after hearing the evidence in the cases charging malpractice. Such proceed ure. he insisted. would not afford the defendant his constitutional right Of free and fair trial
 From the court the attorney desired to know if a verdict based upon the testimony of persons charged with and later convicted of perjury. would. De allowed to stand.
 ..TheS feeling is not such as to de- mand a speedy trial" declared the law yer. "The witnesses are here locked up. They will be used to testify against the defendant. They are charged with perjury. Did the defendant go to them | or did they go to him? They went to him. Isn't he the cats paw that pulled the chestnuts out of the Ire? Is 1t right to change the customs of this court? object to railroadtng this de-
 fendant through"
 In setting the case for October 2s. | Judge Thomas said he could not see how any injustice or injury could be
 done in following the procedure of the l circuit court. | Following additional protest from I another of Caffey's counsel. Solicitor l Dent asked briefly in the name of the l State that the case be set down for I October 2S. saying that the charge was | unusual and out of the ordinary. | October 2S is the first day of the term 1 of the criminal division of the city court. It is understood that the cases | against Caffey have been set up on the | calendar in order to give the woman witnesses against Caffey who are in jail, their liberty as soon as possible. Caffey is accused. In the capital case, | of having caused the death of an in- l fant as the result of criminal practice | on white women. The witnesses for
 the prosecution.l Mrs. M. Johnson and Matte Brown. fled the State but were | apprehended in Dallas, Texas, and | brought back to Montgomery.
 Following are the regular and spe- eial jurors from which the Caffey jury | will be selected:
 A. K. Stern, s. P. Smith. B. R
 nardi; J. Royal. Charles l.. Teacher. E. M. Riley. F, W. Primer, A. M | Boyd Nose Sabel. Junius T. Capers | W. E. Fleming. J. I. tailey. Hugh Ar- | mold, W. M. Harwell. l.. J. Taylor. | T. E.. Gilman, F. M. MoSeley, Thomas | G. Lewis, W. W. Hannon, P. A. Whit son, Joseph A. Cobb, D. B. Avinger. | A. !. Mattel, E. s. Hall,s P. G. Neice, | Henry A. Watford. J. T. Parks. c. H. l Thompson, W. D. Steagall, R. T. Jew. | ell, John Mckinley, E. W. crenshaw, | Charles P. Gunter. A. J. Broadway, A ! s. wigglesworth, T. H. vann, D. A. | Varney W. A. Brown, P. F. Gray, J | J. Mann, M. S. Nordan. Frank Allen, J. J.. o'Neill. R. H. Davis, w. A. | Gesner W. T. stuckey. W. A. Peoples, | W. T. Sharp. James E. Maddox. E. C..
 Maxwell, P. S. Hay. J. c. Cross J 8. f Pitts, Jr., William Watkins (colored), J. ! P. Brown, J. W. Galloway, T. M.
 Jones, A, F. Duncan, J. D. Tanning. | Frank E.. Williams, T. A. Watts. A. A. Brooks, J. H. Guerry, F. c. liar. rison, c. M. Robertson, G. c. Glider, Robert Brown. Jr., c. H. Janney, B. | e. Poole, D. M. Andrews, B. A. Ball. | W. R. Barnett. Joseph Cramer, J.. o. Cobb, w. Fl. Clanton. W. Ii Chandler.
 R. A. Chspman. c. c. DeLAney, J 8 Darden, c. F. Dove. o M. Goer. James Hodgson, 8. J. Ham, c. w. Hubbard F. G. Lassiter, M. J. Lawrence, W H. Monroe, W. E. Middlebrools, W D. Petwith A. J. Rushton, w. l.. Smiley. W. N. Stacey, c. H. Stubbs. | John Terry, e. A. Thomas, W. A. | waiter and c. D. Morimum.
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