The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1908-05-23

Fred Heater Elco.
Henry Allen, Elco.
Reuben Fozard, Elcu
Harry Russell, Diswood
John J Brown, Eleo.
JoEn Thompson, Elco
G. H. Critic Delta.
John Sweeten Delta.
John Nelson, Diswood,
Hal Powless, Diswood.
the foregoing are the jurymen who
viii pass upon John r. Ford charged
with the murder of John w. Lewis.
The twelve men were obtained at
yesterday mornings session of court;
Just before noon, after one Of the
three held in probation had been re-
jected The two accepted yesterday
We're John Nelson and Hal Powless,
both OF Diswood There was little In
the proceedings in the morning out
of the usual routine; the regular list
of questions were asked and answered
and several OF the candidates We're
disqualified under the law.
Immediately after the twelve men
We're agreed to and sworn states At
torney Wilson made his opening state
ment TO the jury in II he related the
facts that have been before the public
hIsAl
testimony given before the eoroner's
jury. 1t was in the main the state
ment Of Joe Kimmons, the main
witness for the prosecution, and re
lating exclusively to what took place
in Riddles saloon on the night of Oct
80. 1907. Mr. Wilson said he would
show that Lewis and Kimmons We're
seated at a table in the rear room OF
the saloon when Ford entered Com
ing M to the table Ford inquired OF
Lewis. Are you the man ] had
trouble with down the street, Lewis
replied I'm the man, and Ford I'm
mediately assaulted him striking him
on the head with his pistol Lewis
threw up his arms to ward off the
blows arose from his chair and
started to leave the room when Ford
shot him. Lewis staggered to the
front door of the saloon and fell
dead. Mr.. Wilson concluded his
statement shortly after u O'Clock
noon when court adjourned for din
ner
Hon. Reed Green made the opening
gtatment of the case for the defense
when court reconyened after the din
ner hour. occupying nearly an hour
in doing so. To the general pubic
the statement will be something of a
surprise, for claims were set up in
It which have not been heard of he.
fore in connection with the case. II
is one of the seemingly unfair ad-
vantages which the law gives to the
defense in such cases-one Of the
many seemingly unfair advantage
that. while the prosecution Is com
PEELED to play its hand openly and
above board, giving to the defense
in advance a list OF the witnesses 1t
proposes to introduce in the case, the
defense may shuttle" its cards IN
der the table until the case is called
for trial, when it can spring any
number of witnesses who have never
been heard of by the peoples repre-
sentative in connection with the case,
and who viii testify to circumstances
altogether contrary to those present
ed in the testimony given at the coro-
ners inquest Immediately after the
tragedy. II is matter of remark
among court attendants how often Of
late. and how carefully, these very
important witnesses for the defendant
in case of that sort have kept them.
selves under cover"
away from the coroner's inquest and
from the grand jury. in botn of which
places their testimony would Ger
tainly have been of much value &c
their friend, the defendant-andh have
popped up" suddenly and unex.
pectedly at the trial to tell stories
entirely at variance with the sworn
report of the case up to that time.
This seems to be true in the case now
on trial. judging from Mr. Green's
statement for although all the wit
ne-ses who have sworn at all with
reference to this particular point,
have stated that there was no one
present in the back room Of Riddles
saloon at the time Of the tragedy. ex.
cepting Ford. Lewis and Kimmons,
Mr. Green declared yesterday after
noon that he would offer other com
petent witnesses who would swear
they were present at the time and
place of the tragedy. and who would
rotate q WHOLLY diffarant sLata Of fact.