The Birmingham age-herald., 1908-12-15
Famous Tennessee Gases Are Taken Up When Defense
 Says Ready
LAST LEGAL RECOURSE
 IS USED BY ATTORNEYS
Judge at Union City Will Summon Jurymen Instead of Sheriff-The Friends of Prisoners Gather
 to Hear the Testimony.

Union City, Tenn. December 14-With both the prosecution and the defense an- neuncing ready for trial, the latter, how ever, under protest, the concluding chap ter in the prosecution on charge of murder of the night men held most re- sponsible for the raids of the night rider band of the Reelfoot lake region, was begun this afternoon. Until the trials are concluded, but slight intermissions for the Christmas holidays will be had in what promises to be the most vigorous ly contested legal battle ever fought in the courts of West Tennessee, on the outcome of which, to large extent, de- pend what will follow in the efforts of the state to stamp out the night rider clan of the lake.
 Iodays court procedure resulted ad- versely to the defense While the court room was crowded to its capacity and the ynpathies of those in attendance well divided, the day passed without demon- stration. Immediately after the men were brought into court the prosecution an nounced readiness to proceed immediately with the issue. formally requesting that the court, instead of the sheriff as is usual. select the jury venire. On the part of the defense 1t was asked that the indictments returned at the October term of court, charging an offense of less serious na- ttre, be first disposed of. and that the sheriff be permitted to select the jury panel
 Defense Is Ready,
 Judge Jones decided adversely to the re- oEests of Attorney Pierce, who appeared for the defendants. Then the defense announced that they, too. were ready for the trials to begin, under protest. This concluded the court procedure of today.
 lii his written opinion as to the jury venire Judge Jones announced that he would summon 300 men to be present at the opening of court Wednesday, at which tune the work of selecting the trial jury will begin, and instructed Sheriff Easter wood to be in readiness tomorrow to serve summons on the men he shall select It Was also pointed out by the court that any who endeavored to disqualify them- selves for jury service would be guilty of contempt of court and punishment in accordance would be inflicted.
 During :oday's court session Col R z. Iaylor, the associate of Capt Quentin Rankin, tor whose murder the men are or, trial, and who witnessed the hanging and shooting to death of his companion. was seated directly facins the accused his gaze as 1t passed from man to man being returned but whatever might have been tfeir feelings, their countenances did not indicate, the ordeal of the day passing without show of emotion on the part Of the prisoners With Colonel Taylor were a number of his friends from Obion county. A number of night riders from the lake were also present.
 Attorneys In the Case.
 The interests of the state are in the keeping of Attorney General J. S. Cald- well, while the defendants are represented by Attorney Rice A. Pierce and his as- sstants.
 The Investigation of the depredations of the night rider clan began with the kill ins of Captain Rankin on the night of Oc- tcber 19. Since that time, under the per sonal direction of Gov M R. Patter- son. an unrelentless crusade has been waged resulting in the arrest of several hundred men. The circuit court was con yened in special session, and as fast as secured the evidences was presented and more than 150 indictments have been re- turned charging varying degrees of law lessness. The present is the second term of the court, the first term, the legality of which was questioned, ending a week ago. Throughout the inquiry and the ar rest detention of the men every inch of ground was contested by the attorneys for the defendants, the state being victorious tn practically every contention until now the actual trials of those men believed more responsible for the raids has be- gun.
 whether the court procedure shall be conducted in order or whether further tloodshed shall occur during the heat of the legal battle is considered uncertain. From Reelfoct lake and other strong Eolds of the clan, men are pouring into Union City in numbers, their sympat thies going out to those of their friends on trial or held in jail. while the state has been well organized, it's forces deter mined to pur down any possible outbreak in its incipiency. As to feeling it is well divided
 Indicted Men.
 The men pla ced on trial today, who, when they were formally arraigned last week, declai ed themselves not guilty of the charge of the indictment, are: Gar rett Johnson, Sam Applewhite Roy Ran som, Bud Morris, Fred Pincen, Arthur Cloar, Tod Burton and Bob Huffman
 The court met at o'clock. After the eight prisoners. charged with murder of Captain Rankin were brought into the court room under heavy guard, the state announced itself ready for trial R. A. Pierce of counsel for the defense asked that the indictments against the men returned at the October term should be disposed of before the trials were begun. Attorney General Cald- well insisted on an immediate trial The defense contended that the court cannot take up the indictments re- turned at the December term until af- ter the former indictments are dis sfafa aofa forfh q