The daily sentinel., 1908-06-29

point at issue, since the sheriff's re-
turn showed that Mr.. Talley had
been served on the 23rd.
Judge Hilton. who seemed averse
to permitting Mr.. Talley to remain
on the jury, resumed the examina-
tion.
Mr.. Talley said that he did not
know Mcfarland, and that he had
never had any dealings with the Pin
kerton detective agency. The de-
fense was unable to find cause for
challenging Mr.. Talley, and so
passed to the examination of Mr..
Clark.
Under Judge Hilton's cross exam
I nation. Mr.. Clark admitted that
when he read about the case he had
formed an opinion and that he still
held the opinion, whereuDon he was
qualified. As he stated to Judge
Shackleford that his opinion was one
that could be changed by the evil
dence, the court was about to over
rule the challenge. when Attorney
Esteb for the defense interposed with
an objection. He read various opin-
ions to show that a fixed or precon-
ceived opinion, even when not based
on bias or malice, disqualified as a
juror. the court being the judge as
"Such being the case" argued the
attorney, land this being such a pop
ulous county, with such an amplitude
of veniremen, and with a docket not
crowded, it would be unfair and pre-
judicial to this defendant to permit
a man to remain on the jury who ad-
mits that he has already formed an
opinion"
Judge Shackleford, however, over
ruled the challenge, holding that Mr..
Clark was a fair-minded man, and
had shown that he could lay aside
his previously formed opinion.
Judge Hilton, continuing his ex-
animation. was frequently interrupt
ed by objections by the prosecution.
Judge Shackleford, in sustaining one
objection, saying that he did so be-
cause in his opinion. the whole
trend of the examination was 'vex-
atious and unfair"
After some further questioning by
Judge Hilton, he challenged the jur
or for lack of intelligence sufficient
to constitute him juror. This chal-
lenge being overruled, Judge Hilton
proceeded to the examination of Mr..
Songer.
Mr.. Songer insisted that he had
formed no opinion on the case, and
had never had any business with Nc
Parland or any other Pinkerton de-
! tective.
Asked as to whether he had ever
been interested in any way in any
case in which a confession had been
| involved, Mr. Songer replied that he
| had not, and stated that he would
be governed by the court in regard
to the law involved in any confession
that might be brought into this case.
1t is, of course. well known that
the confession of Steve Adams to
Gen. BuIkeley Wells, which the de-
fendant afterwards repudiated, will
play an important part in this case.
Mr.. Songer was the first juror not
challenged for cause by the defense.
The next juryman, Mr.. Atwell, evil
IDENTIFY made pleasing impression on
Judge Hilton, especially as. after
stating that at the present time he
has no opinion on the case. after
hearing the evidence, he would hold
to his own opinion, no matter II all
the others were opposed to him.
After a few more questions, Judge
} Hilton passed on to the next venire-
man. Mr.. Adams. who. by the way, is
in no way related to the defendant
Mr.. Adams reiterated his state
! ment that he had formed no opinion
as to the guilt or innocence of the
defendant He said he had had nc
connection with the Pinkerton agen-
, cy, and knew none of the witnesses
that enc tbeing Gen. Bulleley Wells)
he knew by sight.
Judge Hilton's examination of Mr.
} Adams was brief.
George Escher. having no opinion
on the case at the present time, also
escaped from the defense after bu
a short period of questioning, ant
was passed for cause.
X. b. Cassell said he did not know
in what paper 1t was that he frs
read about the Adams case: but sait
1 he did not then form an opinicn oil
r the case. Since then, however, h,
1 had formed an opinion, which he be
; lieved would not bias his JUDGMENT
S Challenged for cause by ths de
: fense. he was examined by the court
and, not being certain whether thi
d opinion could be removed by the evi