The Montgomery advertiser., 1908-12-18
DEFENSE IS DAZED
SENSATION CREATED AT NIGHT
 RIDER TRIAL
Firat Juror Selected Turned Out To De Father Of Night Rider--PeRemp- tory Challenges Are Cut
 Down.

Union City, Tenn, Dec. 1.-Two un- expected surprises sprung by the State
 on the second day Of the trial of the eight alleged night riders indicted for
 the murder of Captain Quenton Ram kin. resulted in the completion of the jury this afternoon. and will shorten
 the time of the trial
 The State threw its first bombshell Into the camp of the night riders as soon as court opened. when it flied an affidavit signed by all the attorneys for the prosecution, charging that J. IT.. Russell, the first of the two jurors chosen yesterday. was the father of a night rider. who had been sworn into the outlaw band by one of the defend ants now on trial The son is Charles E. Russell. and Attorney General Gala we'll declared that this son had parti- cipated in several of the midnight rides of the band. and would be used Ae witneBs at the trial. He told The court that this knowledge oG relation. ship came to him after he had accepted the juror. Juror Russell admitted his relation to Charles Russell and was ex- cused by the court over the protests Of the defense. {
 When the next taIesman was sum. moned and examined. the defense att tempted to challenge him peremptoriiy. The States objected and hurled bomb No. 2. It raised the point that the defense havin used twenty-six per- emptory challenges, had exhausted It's legal number and two more. Attor- ney General Caldwell admitted that each defendant was entitled to twen. ty-four challenges. but claimed that when. on a joint trial. the defense did not specify upon behalf of which de- fendant 1t made the challenge, it was presumed to have made each challenge on behalf of each defendant.
 A long and bitter argument followed. the defense, taken by surprise, fighting vigorously against the objection. It was the first time in Tennessee and lawyers say. the first time on recoro, when such a point was raised. The court promptly ruled with the State and ordered the case to proceed. This left the defense with no further right to object to talesmen who could qualify to the satisfaction of the State and the court But the defense did object and Attorney Pierce became so excited in his attempt to get his exceptions into the record. that Judge Jones finally said:
 ''The court has been very patient and lenient thus far. but unless Mir. Pierce ceases from his attempts to violate the courts ruling. the court will exercise its right to remove Mr. Pierce from the case and appoint other counsel to con- duct the examination"
 This had a soothing effect and the work of selecting the jury proceeded very rapidly to a conclusion.
 Just half of the jurors are citizens of Union City. the others being residents of towns in the vicinity. Not q single resident of the Reeifoot Lake or hill section was chosen.
 Court officials express satisfaction at the personnel of the jury and declare that the men will do thslr duty The jury was sworn at p. fn-. and three deputy sheriffs. selected by the court, were put in charge. It will be locked up until the verdict ia rendered and no of any kind or of any one with the jurors will be permitted except through the court. or in the presence of officers.
 The two hundred and twenty-five wit nesses summoned by both sides are in attendance at and the taking of testimony will begn Friday morning. Estimates as to the time necessary to cry the cases very between four days and sixty. but 1t is doubtful if one-half the witnesses cailed will be used.