The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-05-25
SECURING Il MEN
Continued from Page One.)

sci Oh DOIu SlueS, III olu0i W plS'Sii'
unnecessary delay that the testimony
for the defense and state at the pre-
vious hearing be presented to Thu
court for acceptance.
The main point at issue was the
character of the subpoena issued out
of the circuit court for one witness
wanted by the defense and known to
the defense as Geo. McLawhorn. The
| defense said that service in Forrest
! Kinds and Lauderdale had been ask
ed upon Geo. McLawhorn, whereas
service had been made upon Geo. Lee
horn.
This issue brought Clerk Nixon to
the stand. He testified that he had
written the name as given him verb
ally by Mr.. Conner of the defense.
The examination covered consider
able scope involving the recollection
of the witness and practically that of
the court as to certain facts which &C.
Cured in the court room during the
hearing of the first motion for a con-
! tinuance.
In support of their position that the
name had been properly given by the
defense both Mr.. Conner and Mr..
Robinson took the stand. Their test
questioning as to the time when the
name was given to Clerk Nixon and
as to whether or hot it affected the
first, second or third alais asked for
by the defense.
The entire proceeding was conduct
ed in the best of humor on the part Of
all concerned, the court itself even
offering to give a statement as to rec
objection if this should be desired.
This was in response to a good hum
ored query from Mr.. Conner if the
court would be willing to take the wit
ness stand.
The defense, in the matter of the
absence of Mrs. Pace, stated that Mrs.
Pace was a material witness, but at
the present time was visiting in Tex
as, but would return to her home on
May 2S.
In the matter of the absent witness
Geo. McLawhorn, the defense Offered
no other testimony than that offered
at the hearing on the first motion.
District Attorney McLaurin in line
with his purpose to take testimony in
, troduced Mr.. J. n. Pryor, a witness
: for the state at the first motion hear
ing. The object of the state was the
: introduction of a letter received by
| witness Pryor from Geo. McLawhorn
the letter bearing the date of May Is
and Babcock, Ca, postmark of May
f 20. The letter read as follows:
"Babcock, Ca, May IS, 1909
) Friend Pryor. am today writing
you. I received your letter today. JOIN
> l don't know anything concerning the
case that would be of any Importance
. so it would be useless for me to come
. out there when know nothing of thu
t case. I know the boy and liked hin
: and would do anything for his benefit
q GEO. McLAWHORN,
"Babcocl, Ga.
The defense subjected witness Pryo
to considerable cross-eXamination ant
with the conclusion of the testimon
on the hearing of the motion to con
tinue the case till the next term, tn
court said:
"The motion is overruled.'
The defense entered an exception.
This action brought the case to tn
point of impannelling the regular jul
N les for the week and this was followe
by the beginning of the call of tn
special yenremen, seventy-five c
- whom had been summoned.
The call proceeded rapidly as tn
= bulk of those who appeared had rea
Il the testimony taken before the CO
Z oner's jury as published in The New
had formed fixed opinion and wer
IL excused. Between and o'clock tn
list of IS names was exhausted wit
{ only seven of the seventy-five reacl
{ ing the chairs in the jury box.
These seven were: Geo Lee, L.
{ Gibson, E. NJ. Hood, L. H. Harper,
D. r. Lee, n. w. Lee, C. c. Russell
These seven have vet to he DaSSe
on by counsel both for the state an
; for the defense
/ The court adjourned until S:3
o'clock Tuesday morning.
Mo .IIIrM Cecurad Vet