The Montgomery advertiser., 1908-12-03
PREJUDICE CHARGED
SOLICITOR IN BIRMENSAFAM COURT
 DEMANDS INVESTIGATION
sif Ihey Accept HEe, I'll Not Convicf,s CiHimed to Have Been Made by
 Juryman in Murder


 Birmingham. Dec. 2.-(Special)-'+T am reliably informed that a member or this Jury made the statement be- fore he was accepted to try this cause that he would acquit the defendant3if he was chosen as a juror. Therefore, I object to the jury being sworn and ask that the court hear the testimony"
 This statement, coming from Assist- ant. Solicitor J. B. Aird. in the first division of the criminal court wednes- day morning just after the twelve men had taken their seats in the jury box to try the joint case of Joh E. smith, a white man, and Ed Washington, Rob ert kflly, Sip Kagler and John Wood, negroes. on charge of murder. caused profound sensation. Then followed what were probably the most extraor- dinary proceedings ever enacted inea a court room.
 In the presence of the jury. Charles E. Gardner, who gave his business as that of machinist. and who said he was employed as a deputy sheriff dur ing the recent coal miners strike, was called to the stand. Capt. Frank D. White & Sons, representing the, five defendants, objected to the proceedings. but Judge Samuel l.. Weaver said he did not proposed to go head with the trial until the charges had been stfted.
 Tt Is useless for the State to att tempt to try cases when a juror enters that box after openly asserting he will not convict" declared Assistant Solicit tor Aird. "It makes no difference to me what jury decides after the mem bers go into the box, hears the evidence in any case and renders a verdict &C., cording to the evidence.
 But if one man on jury has made up his mind to deliberately decide a case one way or another, disregarding the evidence and his oath, then I think 1t IS time to call a halt"
 Captain White reiterated his objec- tions in behalf of each and all the de- fendapts and said that if the jury was not sworn and the case continued 1t would mean the dismissal on q pIea of former Jeopardy.
 T am willing to assume all the re- sponstbility for any kind of a plea, de- claFed Assistant Solicitor Aird. 'T think this witness should be heard either before the jury or withour the members being present.
 Judge Weaver then allowed Mr. Gardner toiSbe questioned. He said that he was seated by one of the ju- TOTS when ehIB name was called and that as he left his seat he remarked, "If they accept me I'll not convict. =
 which was the man?" asked Assist ant Solicitor Aird.
 That's him there; the third man." said Witness Gardner.
 Thsn the twelve jurors began to glance at each other to ascertain who the witness had reference to. The wit ness finally described the juror suf. flctently we'll for the court to ask John Goode, a farmer, of Precinct 2s, to stand up.
 After answering any number of questions put to him by both sides, WftmAQu f1a rAnAs a~kr r. out the man to whom the statement was made. Looking over the crowded court room, he pointed to W. A. Cobb. one of the well-known citizens of Cats Mountain, who waH present as a witt ness In Marion Cornell murder case.
 Mir. Cobb was then called to the stand. He said that when he first en- tered the court room he met up with MT. Goode and that they talked about first one thing and another until Mir. Goode was qualified as q juror. Mir. Cobb said that smiths name was not mentioned and that the juror made no such statement. =
 The juror was then asked to make a statement.
 one of the other defendants" said Juror Goode When I was called I said nothing to anyone"
 Judge Weaver then refused to dis miss the panel and the jury was sworn in. Assistant Solicitor Aird said he wanted 1t understood that the trial was under his protest.
 Mir. Smith, the white man on trial. was president Of the miners union at Cardiff, and the other defendants arc negro miners who were out on a strike. It is charged in the indictment that they killed a negro named John Jones with & barrel of a gun or some other blunt instrument.
 Some very sensational testimony was offered during the day.