Pine Bluff daily graphic., 1907-11-12
4 BLACK THAW
 CASE ON HERE Expert Testimony May Be Called For To Decide on the Sanity of Louis Franklin WITNESSES HEARD
YOday--Jnrors Hard to Get--Ntsro Lawyers Motion to Quash Over. ruled~-Clarged That Negroes Shculd Have Been OF Grand Jury

| A Gete ruined fight is being made ny A. w Sneer, negro lawyer. in the Jefferson circuit court to save Louis Franklin. charged with murder ill tue , first degre, from the galloWs. Frank lin is on trial for his life, being charg- ed with the deliberate murder of Con- stable Charles X. Butler, whom lie shot and killed at Cornerstone. this county, some months ago.
 The hearing of witnesses will prob- ably be concluded this afternoon, About ten witnesses were heard this morning by the State and defense. ! during which examinations Lawyer Speer attempted to bring forth strong testimony to sllbstantiate his plea Of | insanity, which he has resorted to in an effort to save his client. IL may he possible before the trial is finish ed 10 bring expert witnesses into the court room to decide upon Franklin s sanity. There is strong probability it is said, Of commission being ap- pointed to include several local physi- clans, to examine him and make a re- port regarding his mental condition. The case may develop into black ThaW case" before the final argu- ments are made to the jury.
 Doe@ terday, Speer, counsel for Franklin, filed a motion to quash the indlct- ment against Franklin. He alleged that Franklin was discriminated against in that the jury commission CTS who selected the grand jury that heard the case, previous to the return ing of the true bill, failed to name one negro to serve on the jury. "They ! did not select colored persons of Afri- can descent, commonly known as ne groes'," said Speer in his motion. They were excluded from the grand jury room on account of their race, said the negro lawyer, and he charges that his client was thereby denied equal protection of the laws.
 ; The motion of Lawyer Speer strong ly resembles similar motion which : was offered in one of the higher courts at New Orleans Monday by q learned lawyer of the Crescent City in which he asked that an indictment against creole, On tIial there, be uuashed, because, the attorney alleg- ed, his client was not given an equal showing in that 10 creoles served on the jury witch indicted him.
 Like the jurist at New Orleans Judge A. B. Grace, after hearing the argument of the negro lawyer i'll fur tneranca uf his rnotion, oyerrUled the motion and ordered the case proceed ed with.
 ! Most all of Monday vas spent il se- curirg a jury to near the Fran kin case. The two venires Of petis jurors were exhausted in slmNoning citi- zens for the jury box. Most Of them expressed themselves as being oppos- ai to capital punishment. Others, who seemed anxious to avoid servsce, declared that they had formed ean opinion and would not be able to 2ct the case without rrejrdioe. O-aers offered other excuses and finally Vaen Judge Grace saw that it would De .ln- possible to get 8 jury before nlShtFatl that would enable them to hear testi- nony, he dismissed the witnesses un- til tins morning at o'clock.
 1 In the evidence introduced this morning practically the same publish ed story of the killing at the time of the tragedy was told. Speer, the ac- cused mans lawyer. declares however that the story Of the killing has been incorrectly told and he promises to spring a surprise at the proper time. Whether he will place Franklin on the stand has not been announced, : but it is hardly probable that he will ; do so in view of the fact that he is attempting to prove that his client is of unsound mind
 Franklin's general appearance
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