The Birmingham age-herald., 1908-12-18
ORG Juror Is Found to Be
 Son of a Night Rider
CHALLENGES ARE EXHAUSTED
Defense Is Astonished to Find That It's Challenges Are Exhausted Under the Ruling, the First of Its
 Kind In Tennessee.

Union City Tenn. December 1.-Two unexpected surprises sprung by the state on the second day of the trial of the all legged eight night riders indicted for the murder of Captain Quentin Rankin, re- suited 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 filed an affidavit signed by all the attorneys for the prose- cution, charging that J. H. 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 defendants now on trial. The son Is Chas. E. Russell. and Attorney General Caldwell declared that this son had participated in several of the mid night rides of the band, and would be used as a witness at the trial. He told the court that this knowledge of rela- tionship came to him after he had ae- cepted the juror Juror Russell admitted his relation to Chas. Russell and was excused by the court over the protests of the defense.
 When the next talesman was sum- moned and examined the defense att tempted to challenge him peremptorily. The state objected and hurled. bomb num- Der two. It raised the point that the de- fense had used 26 peremptory challenges. had exhausted it's legal number and two more. Attorney General Caldwell ad- a. to. "A challenges, but said when on a joint trial the defense did not specify upon behalf of which defendant it made the challenge it was presumed to have made each challenge on behalf of each defendant
 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 record, when such 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 talesman who could qualify to the satisfaction of the state and the court.
 But, the defense did object, and At
  tcrney 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 leEient thus far but unless Mr Pierce ceases from his attempts to violate the courts ruling. the court will exercise it's right to remove Mir. Pierce from the case and appoint other counsel to conduct 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 @ single resi- dent of the Reelfoot Lake or hill section was selected.
 Court officials express great satisfac- ton at the. personnel of the jury and de- clare that the men will do their duty The jury was sworn at 3 p. m, and three deputy sheriffs, selected by the court were put in charge. It will be locked up until the verdict is rendered and no communication of any kind or of any one with the jurors will be permitted except officers. The 225 witnesses summoned by both sides are in attendance and the talk ing of testimony will begin Friday morn ing. Estimates to the time necessary to try the cases vary between four days and 60, but it is doubtful If one-half the witnesses called on will be used.