The Montgomery advertiser., 1908-09-09
Trial of Slav Miner
 Begins. PLEA FOR CONTINUANCE
 DENIED BY THE COURT Engineer Vincent Tells of Attack
 on Train. First pefendant Is wasilije wainowieh Who Wore The Bloody Sock On His Foot--Interpreter
 Is Used in
 Court.
nx rnANK P. GLAss. yR.

BY FRANK F. GLASS, JR.
 Centreville, Sept, S-tSpeciaD-- Wasiiiie wainovich, Slay. was this afternoon put on trial in the circuit court of Bibb County for the shooting up of the Louisville and Nashville special train from Birmingham to Bloc ton on the night of August in which shooting Conductor Joe Collins and two deputy sheriffs were killed.
 While interest in the evidence to be brought out at the trial Is deep, very small crowd occupied the spectators benches in the court room.
 Immediately after the jury had been datermifed upon, Captain +. S. White of Birmingham for the defense filed a demurrer to the indictment averring in the demurrer that the indictment which was found against Wainovich was insufficient in that the defendant otherwise unknown and because the Indictment did not state the kind of instrument used in killing the conduc- tor.
 Judge Miller overruled the demurrer and ordered statement of the case to the jury.
 counsel for the defendant entered
 The state intends making this case a basis for further prosecution anu for this reason it will be well fought by both sides. The state will en- tieavor to show that he bloody sock found near the railroad tracks belong ed to the defendant.
 Ii will be remembered that when ar. rests wene made after the shooting the mate to the sock found on the railroad < tracks was upon the defendants foot, material quality and color being tho same. When arrested the defendant was suffering from crushed toe.
 Court is Delayed.
 Delay characterized the first trial of the miners indicted for the shoot ing up of the train near Blocton during the recent strike.
 Attorneys for the defense endeavored during the morning hours of the court to secure continuance of the cases to the next term of court on the ground that important witnesses were not present.
 After listening carefully to argu- nnents of Captain White for the defense and to Solicitor Thompson Judge Mill Ter ruled that the cases should proceed to trial at once.
 Captain White stated to the court that he had experienced great difficult ty in getting into the real facts of the case on account of the foreign lam. guage spoken by his clientst He pleaded that the ends of justice could not be reached at this term of the court because of that fact.
 Human life is involved in all of these cases" said Captain White "and 1t seems to me that no justice cap be done many clients by proceeding with the hearing at this term of court. and certainly no injustice can be done the state in continuance, as they have all of their witnesses"
 Solicitor Thompson replied:
 No one wants absolute justice donA more than the solicitor. The witnesses to large extent are present for both sides. and a continuance Of the case would absolutely defeat the ends of Justic There is large per centage of the witnesses present and it seems to me that such a large per centage could not be gathered together again if continuance Is granted"
 Captain White then replied that it was not a question of the number of witnesses. but question of time to get at the real facts in the case.
 Tt is utterly impossible to get ready for trial as things now stand" he said. All of our witnesses are foreign and their speech must be interpreted, and on that account we have but measgre facts on which to base the defense"
 Judge Miller then ruled that the frJal of the cases should proceed. and that attorneys for the defense might write out showing for their missing wifi nesses. Attachments were also issued Tor witnesses in Blocton. and the sheriff was directed to arrest them and produce them fin court at the earliest possible moment.
 Selection of Jury.
 At the afternoon session tha seIec- ton of jury to try the first defen- aant occupied practically all of the tlme. Every name in the jury box was drawn by the sheriff resulting in the seating of but ten jurors. The court then directed Sheriff Oakley to sum mon further freeholders of the county at once, the court taking a short re- cess.
 In questioning the persons respond ing to their names. Judge Miller was extremely careful. Attorneys for both the State and the defense were satIs ned until Judge Miller propounded the question; Would you hang a man on circumstantial evidence?" On this question Captain White. for the de- fense, objected for the reason that A negative answer to the question was taken by Judge Miller as grounds for 6 challenge for cause by the Solicitor.
 The selection of the jury was &C., complished at { o'clock. the jury be- ing: D. l.. Mckinney, J. c. Jackson. W. B. Stacey, D. R. Smltherman, J. H. Jones, J. B. Lawrence, John E. Belvin. R. L. Caffey. Ed Kinard. R. L. Foley. Alex Avery and D. R. Kor- negay.
 On the completion of the jury at 4 o'clock all witnesses in the case were brought before Judge Miller and sworn in. The defense requested the rule. witnesses being officers of the court ex cepted.
 In swearing the foreign witnesses the service of an interpreter became necessary. The interpreter repeated the oath through the clerk of the court and the Slavic witnesses repeated the words in their own tongues after the interpreter ending with an Amen"
 Witnesses were then put under the 1 Tule and Dr. 4. w Trigg. of Bloecon. l @&S called to the stand. pr. Trigg