The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1908-10-08
HORNSBY CASE Is
BEING ARGUED In
CRIMINAL COURT

convened this afternoon and the cas-
will 20 10 the jury before adjournini
time this afternoon. There is mucl
speculation as to the nature of th'
verdict, many people predicting tn
death penalty will be inflicted.
Hornsby was on the stand in hi
own behalf this morning and made 1
complete denial of the charge agains
him. declaring he was at home asleel
when the officers came to his house
A negro woman who lived in tn,
house with him testified that Hornsby
came home at 10 O'Clock Saturday
night and went to bed. She and an
other woman testified that Mr.. Pow
ell stated after Hornsby was arrested
that he was in doubt about him be
ing the right man.
This Powell denied on rebuttal, h,
and the officers present declaring tina
they were positive the right man hat
been arrested. The officers said Pow
ell described Hornsby and the shiri
he wore in detail before the arrest
was made.
Attorneys Eugene Graves ane
Addison Clay will argue the case
for the defense ard Attorneys Bark
ley and Loyett for the prosecution.
The wheels of justice went around
in hurry yesterday afternoon wher
the case was finally taken up. Aftei
the work of empanelling a jury had
begun. Attorney John G.. Miller, for
the defense, entered demurrer Z,
the, indictment on technical grounds
Judge Reed sustained the demurrer
and ordered the case re-submitted to
the grand jury Just fifteen minutes
later the grand jury filed into the
court room. bringing an Indictment
that complied with the requirements
of the statute.
The case was taken up again and
the following iurymen qualified and
were accepted:
c. Bidwell. W. l.. Lamb, ]. B. Wat.
son. Alonzo Miller. Sam Burkhart
Ed Overstreet. John Dedrich, w. T
Byrd. ~ NJ. McGin, L. B. Langston
and o. b. Rudolph from the regular
iurymen. and S. b. Pryor from the
bystanders.
Mia Powell, the child victim, was
the first witness called and told her
story Of the assault. positively identi-
Tying Hornsby as the assailant on d.
rect testimony. On cross-examination
she stated that in the dim light she
could not tell whether the man had a
beard or not and could not distinguish
his features, but she said that the out
line and size of Hornsby was the
same as her assailant. She felt a
stubby mustache on her face like that
Hornsby wears. The negro was UNI
dressed except for a shirt.
A. l.. Powell, father of the girl
told Of being awakened by his wife
and he saw the negro run from the
room He followed and chased the
negro out of the yard. He identified
Hornsby as being the man. He said
he thought he could see a patch on
the negro's shirt as he ran, and when
fIornsby was arrested Hornsby wore
a shirt wrongside out, the facing OF
the neck OF which looked like a patch
Mrs. Powell testified to being awak
ened BY her daughters screams. She
alled her husband and saw the negro
creep out OF the room. She told OF
her daughters condition next day
and of calling a physician. Both Mr..
and Mrs. Powell were sleeping IN the
room with the little girl Mrs. Pow
ell did not see the man well enough
to identify him, except that she
thought he wore only a shirt.
Dr. Rivers told Of the extent of the
little girls injuries
Policeman Doyle. who made the ar
rest. said that he was searching the
alley in the rear OF the Powell home
when he went 10 Hornsby's house and
raped. The negro came to the door
dressed in a shirt. He denied having
been out that night The officer
thought his appearance indicated
that he had been awake sometime.
He examined his feet and found
Icinders sticking to the sole of one
foot and a sprlg of grass between the
toes of one foot.