The Cairo bulletin., 1908-12-12
DENIES PLEAS
IN ABATEMENT
JUICE JONES, TRYING NIGHT
RtCERs, DECLARES HIS
COURT is LEGAL.
TRIAL BEGINS MONDAY
EIGHT Defendants to be Arragneo
Jointly-SeIeetion OF Jury From,
Unusually Large Venire
Pathetic Incident.

! nion City, Tenn, Dee. 1.-THE
= plea in abatement filed by the de-
/ fensc in the Reelroot night rider
cases came up for hearing before
Judge Jones this morning The pea
attacked the legality of the present
grand Jury because of the fact that
it had been selected by the court
from citizens in the court room, and
because several Of them had served
on the grand jury in the October
special term and were said by the
defense to have been ineligible for
further jury service for two years.
No argument was made, as the attor
neys agreed that the court should
decide the matter on the plead filed,
The court in making its decision,
denied the plea and held that the
grand jury was legally selected and
composed of men eligible to jury
se7h ice, and that the indictments had
been regularly returned and were
valid.
State Announced Ready.
The state then announced ready
for trial and asked the court to set
a DAY for the trials to begin. The
defense asked that they be given un.
til the first Of next week, in order
TO confer with witnesses, and the
state agreed provided that the court
set Monday afternoon as the date for
the trials to begin.
An unusually large yenire viii
have to be summoned. as the men
win be tried Jointly the indictments
against them having been returned
Jointly The defense has "a chal,
lenges for each man and the state
has six. and 1t is more than likely
that the larger part Of the chal-
leDges will be exhausted before the
Jury IS selected
Judges Right Questioned
The question as to whether the
Judge should exercise his right OF
selecting the venire was raised by
the state this morning, aud will be
decided on Monday This mode OF
selecting the venire is very unusual
in the history of the state.
A very pathetic incident took |
place in the court room. when the |
prisoners were brought in this morn |
Ing. The aged mother, and the wife, |
and several small children, the |
Youngest girl about three years old
were in the court room waiting to
see Fred Pinion when he was brought |
in The attorney general had told |
them that they might talk to him
then IL was the first time Plnion |
had seen his family since he was ar
rested more than thirty days ago, |
and as he took seat beside his |
wife and took his baby girl in his
arms he could not restrain himself |
any longer, anil broke down and
wept The littlG. girl was the only
of the fsmily thar was not
In tedrs during the entire time that
he was allowed 70 talk to his wife
With this exception the rest af the
prisoners were as stocial as Indians.
not one OF them showing the leesth
cOnoefn in the proceedings that. we're
going on in their bebalf The grand I
iury continued its Investigations to-t
JAY. and although a number %
lron inent witnesses. important tol
The prosecution. were before the in.
luisitoria lbody no indictments we're
returned -.' .l,
Tho attorney general stated this
AFTERNOON that the state had hecn
more successful in securing evidence
today. than at any time during the
entire investigation