The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1907-07-26

matters certain remained at Sandy
Hook and made such orders from
Gay to day as we're necessary. When
Court convened on the 18th | learn
ed for the first time that the jury
wheel had not been filled by the
regular Jury Commissioners i'm
mediately summoned them and had
the wheel filled and list drawn.
As soon as the Sheriff could sum
mon the jury the selection OF the
jury was begun. with the under
standing it was not TO be sworn OF
the trial begun until the common
wealth witnesses were in attendance
On the morning Of the 1871, after
nine jurors had been selected, and
most Of the witnesses were in at
tendance, motion was made to re-
mand the case TO Breathitt county
deemed II unWise. indeed unpre-
cedent, TO stop preparations for trial
at that stage and considered such a
motion. but took II under advise
Inent until Il could be ascertained
whether the case would be tried.
Byrd, the defendants and their at
torneys desired time TO get the af-
fidavits hom Breathitt county The
selection OF the jury was completed
that morning.
The call OF the witnesses in the
Afternoon developed the fact that Il
majority OF the witnesses we're pres
ent and quite a number on the way
in the charge of special baiIiffs. on
the morning OF the Goth the call
showed that 40 or more OF the COM
monwealth's witnesses were present
Within call The attorneys for the
commonwealth still insisted on q
continuance because OF the absence
OF witnesses who were out of the
state and those who lived In the
state. The evidence Of one witness
who lived In Wisconsin was impor-
tanr. but We had information by let
ter that he was in sanitarium be-
ing treated for nervous troubles.
The testimony OF the others was not
regarded as material OF the three
or four important witnesses in the
s,ate all would have been gotten
except those who are very sick
In this state Of affairs an
nounoed that the trial would begin,
and that II the important absent
witnesses we're not present when
needed that would continue the
case from day TO day until their
attendance could be secured. had
every assurance that this could be
cone without serious trouble. In
consultation with the commonwealth
attorney about the matter he gave
me to understand that arrangement
would be satisfactory to him. lie
also admitted that the decision in
the Carnes case settled the question
OF change OF venue was conse-
queutly much surprised by the action
Of the commemorative attorneys in
declining to proceed with the trial
after the jury had been sworn.
This evening there IS a hegira OF
witnesses. Many started for B. eathit'
county on foot. The one street was
lnlled with mules and horses carry
ina riders. and every jolt wagon that
could be pressed into service was
lnlled with witnesses who left the
village singing and making merry
Judge Hai gis. his SON. Beach, and
brother Ebert and Uncle Biz Lin
den we're mounted, and as they pass
ed out OF the life OF Sandy Hook
upon their ears fell shouts OF con-
graduation mingled with the out
spoken curses OF the opposite fac
ton. Tonight Sandy Hookers ar,
walking among the gravestones Of
memory and the destruction OF the
chicken coop has come TO an end.
CARRIED NO WEAPONS.
The warriors have conducted them.
selves In an unobtrasiye and gentle.