The Montgomery advertiser., 1907-03-02

was brought to the court room from the county jail at e:39 o'clock yester- day morning in the custody of Deputy Sheriff George Norman, while Deputy Sheriff Claude Mckee. Constable George Lamar and Special Agent Paul Rapport of the Louisville and Nashville Rail- road. closed in upon the negro to guard against possible attempt to escape.
 During the first part of the trial, Deputy Norman sat constantly by the negro and he was relieved during the afternoon by Deputy George Wilson. Deputy sherif William D. Hall had charge of the accused murderer in taking him back to jail last evening.
 Accused Murderer is Stolid.
 Coleman's demeanor in the court room was puzzle to the morbid crowd that scrutinized him, watching avery movement, every twitch of muscle and every glance of eye. Coleman ap- peared unconcerned. The ordeal through which he was passing, seemed to have no perceDtible effect on his nerves. From out of that blank black face. brutal Il, looks, with abnormally thick lips. two black eyes were turned more often 10 other objects than to the witnesses He wore a neat pair of trousers supported by a heit. clean white shirt and 6 red handkerchief tied around his neck. Throughout the trial he was never consulted by his counsel.
 When the court adjourned at 6:30 o'clock last evening. all the States evi- denee was in, and 1t will probably re- quire but a short time this morning for the defense to adduce its evidence this morning Tho jury was kept together in charge of Bailiff Whiting. and they slept on cots in the court room last night.
 At 10.30 o'clock yesterday morning Judge Thomas received the announce ment that the State and the defense were ready for trial.
 MT. Rushton interposed one demur- rer to the second count of the indict- ment. He contended there was vari- afice from the statute in the words. .'by striking or cutting him with an in- sstrument unknown" The demurrer was. overruled.
 Jury is EmpaneIied.
 The court then started upon the task of empanelling jury. and at 12 County were in the jury box ready to try Coleman.
 The jury is composed of John Hay good Paterson, H. A. Belser, John M. Taylor, W. D. Sayre, F. St. C, Ten nilleh L. E. Underwood, Thomas F.. scaife. E. D. Hale, v, S. Miiligan, 8. A. Tyson. IT., D. H. Johnson and T. W. Hannon.
 The first exception entered by the defense was when Solicitor Dent chal- Ienged w. R. Barnett for cause. be- cause he said he would not vote to hang on circumstantial evidence. Judge Thomas allowed the challenge Tor cause and excused Mir. Barnett.
 The second exception was taken when W IL. Amason was called. He believed in circumstantial evidence, and said he would convict on such evidence, but in answer to the Solicitors ques- tion, DO you believe In the death pen- alty on eircumstantial evidence aloneg' MT. Amason said, No
 challenged for cause" said Mir. Dent.
 We object" interrupted MT. Rush. ton.
 Judge Thomas said he would over rule the objection. and excuse the juror for cause. whereupon MT. Rushton ex- cepted.
 Then Solicitor Dent declared he de- sired to haze no exceptions in the ease. and he would therefore challenge the juror peremptorily. MT. Rushton ob- jected to the procedure. because he held the juror had already been challenged for cause Nevertheless, Judge .Thom- as overruied the defense and MT. Anna son was excused by peremptory chal' lenge. the indictment to the jury. the wit nesses were sworn and the taking of evidence was begun.
 Showed Evidences of Struggle.
 Coroner W. H. Tice was the first wit ness called to the stand by the state. He remembered the finding of Finley 6 hody. The body was found in a pool of blood in the southwestern part of the city.
 He described the details of how the body lay, and its surroundings. He told of the horrible wounds. There were forty-ive gashes on the head From the condition of the surround ings. 1t looked as though there had been 8 struggle. He identified Finley's clothing. with the right trousers pock- ct turned inside out as when found.
 Mfr Rushton examined the witness minutely with regard to the position of the body, and the exact location. and lay of the place where 1t was found
 H. M. Austin, wholesale grocer on Commerce Street, testified that Finley worked for him one week prior to his death. He had identified Finley's body. On ross-examination, he said the store was closed a few minutes after 6 o'clock Saturday night. and he and Fin- ley walked to Court Square. where he boarded car and left Finley.
 J. M. Hearn, a room-mate and bed- fellow of Finley. testified to the iden- tity of the body at Tice's parlors. On cross examination. he said he and Fin ley were boarding at the same place The last time he saw his room-mate was on the Saturday morning before the murder,
 Dr. M B. Kirkpatrick. who examined