Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-11-27
HARD TO SECURE JURY
Unique Contention in the Caleb
Powers Case.
ON POLITICAL AFFILIATION
Judge Up Against a Remarkable
Judicial Situation.
A WHO'S WHO CATECHISM
Grant County Venire FINALLY Ac-
ON POLITICAL AFFILIATION
A WHO'S WHO CATECHIsM
Grant County Venire Finally Ac-
cepted After Much Wrang1ing.
Only Seven in the Box.
Special Dispatch to The Star.

Special Dispatch to The Star
LEXINGTON. KY, November 81
Wrangling between the Caleb Powers
defense and the commonwealth over the
second division of the Grant county We
nire was continued In court at George
town today. The contention in this case
seems simple enough, and yet 1t gives
rise again to the question which may
take the case to the federal courts.
The court ordered 300 men to be sum-
moned from Grant county, capable and
qualified for jury service $50 to report
Friday morning and $50 Monday morn
ing The court makes no difference be-
tween one lot and the other, and he
holds that when the last lot are pres
ent before all Of the first are examined
the names of the last lot shall be put in
the box with the first and shaken up with
them
when the court directs $50 to report one
day and the $50 on another day they
were two separate venires subject to OBJ
lection separately. To those summoned
to. report on Friday no exception was
Warning himself To those summoned
by Deputy T. X. Schufr the defense Of
fered objection and moved to discharge
the entire venire which reported
Monday. on grounds identical with those
contained in the affidavit offered against
the Harrison county venire.
Regarded Prejudicial to Defense.
The defense considers the action of the
court In treating these two bodies of
men as one to be an error prejudicial to
the rights Of the defense.
His counsel therefore offer an affidavit
alleging improper influence in the selec-
ton Of the veniremen summoned by T. X.
Schulz, and allege that one ]. w. Chip
man, a democratic deputy sheriff, ac-
companied Schuff and assisted him in Sc
lecting the men to summon for jury
service. - ~
Work On the segsction pf 9 Jury IN the
qtekttnns affecting the Grant county
venire having been settled.
The defense has lost w. g. Wayland
]. w. Elliott and J.. H. Ferguson from
the jury panel, which greatly weakens its
Boswell. will be excused today. because
his wife is dying. There are only seven
men now in the jury box, and four OF
these are democrats. The commonwealth
has won points over the defense more
than sufficient to discount the defense
victory, in securing the dismissal of the
Harrison county venire.
session will be held tonight and every
night until jury Is secured. Court will
also be held Thanksgiving day, so Judge
Morris announces.
Denied Charges Against Them.
Yesterday the commonwealth proved to
the satisfaction OF Judge Morris that
Wayland had expressed himself. before
the assassination. as being willing to free
any man who would kill Goebel
Elliott was charged with saying IL he
Powers. A similar charge was made
against Ferguson.
All three men denied the charges
against them.
After these men were DISCHARGED by
Judge Morris the defense preferred
charges against T. M. Price to the effect
that he had expressed his prejudice
against overs. After Arguments how
ever. he was retained by Judge Morris.
Then Attorney Wilson, for the defense
-challeged the entire second division of
the Grant county venire, numbering $50
men, alleging that the democratic hand
book of 1907. containing an attack on
Powers. had been freely circulated in
Grant county: that Deputy Sheriff Chip
man Of Grant county showed partisan
discrimination in selecting jury. and
that Chapman had been a supporter of
Goebel. --.-s-
Judge Morris refused to grant the mo-
ton.
Attorney E. X. Wilson, a republican,
who gave out statements detrimental to
certain jurymen, and who was cited for
contempt Of court, has disappeared. Po-
lice all over the state have been notified
to look for him.