The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-11-19
Jury Listens TO Every Item
Included in Alleged Thefts
Read From Index.
Dismissed TO Give Attorneys
Time TO Arrange.
BYSTANDERS ARE SELECTED.

The trial OF Hiram Smedley, for
mer county court clerk, indicted for
lembezzlement of public funds, drag
ged slowly today in circuit court, and
in order TO complete the trial of the
case as soon as possible, Judge Will
liam Reed told the jurors to arrange
to return after supper, as he intend
ed to hold a night session of the
court
Nothing OF a sensational nature
was offered today in the evidence,
and those who attended the trial in
the hope of hearing sparkling testi-
mony were disappointed, as the only
leyidence introduced this morning was
the record of the entries OF money in
the private cash book OF Smedley,
showing that he had collected money
from many persons. The back tax
record was read, showing that the
money was due the state. 1t was
tedious work, and two hours were
spent this morning Offering this evil
dence. The valuation of the prop
erty, the penalty, the interest and
costs were stated, and for each name
II was necessary to consult the index
and then find the book and page.
The prosecution sought 10 avoid
this tedious and tiresome work, but
the defense refused to agree to II,
and demanded that each item be
proven. An exception was taken to
the reading of each item and the de-
Tense objected 10 the reading of the
penalty and interest that state Off
GERS received. because the indictment
alleged that he defrauded only the
state and not the officers. Judge
Reed seemed inclined to support IL,
but let al of il be read, stating that
he would decide on 1t and fix II In his
instructions.
In order to facilitate the work.
Judge Reed excused the Jurors at IL
O'Clock until 1880 O'Clock this after
noon, so that the attorneys for the
prosecution could consult the index
and secure the page numbers without
having this to do before the jury and
consuming so much time.
Miss Lizzie Burlington, deputy coun-
ty court clerk, was the only witness
called by the prosecution today, and
the work of reading the items, where
money is alleged to have been en-
bezzled, was only fairly started. II
VIII take the remainder of the day
and possibly some of tomorrow to
complete the reading of the records.
Mr.. Smedley appeared calm and
assisted his attorneys in his case.
With note pad and pencil he kept a
record of the testimony and consulted
reports.
Jury Is Secured.
Over an hour was utilized yester-
day afternoon in securing a jury for
the trial. The regular panel of
jurors was exhausted quickly, and
bystanders in the court room were
used. but this supply soon was ex-
hausted for nearly everybody had
formed an opinion on the case. After
the sheriff had secured an extra
panel, twelve men were found with
out an opinion. The Jury was ac-
cepted by the commonwealth, put
the defense excused five, thus the
trouble of finding jurors was begun
over. After so men had been OK
amined twelve suitable men were
found. and the jury was accepted
by both sides.
Commonwealth Attorney John
G.. Lovett read the indictment to the
Jury and stated that the prosecu-
ton would prove that Smedley as
county court clerk had failed to
turn over to the state auditor the
$3.50 the indictment accused him of
embezzling. He stated that the
proof would show that Smedley had
collected the money from various
persons, and had failed to turn it
over to the proper department of
the state.
Hon. John X. Hendrlck for the
defense stated that the defense had
been unable to find certain books.
but that IL possible the records
would be produced to show the jury
that the money was accounted -or.
and iiat Smedley did not embezzle
the funds. He stated that the in
dictment did not specify from what
persons the defendant had collected
the money and they would be unable
TO establish a defense until after the
Testimony was in.
II was stated that smedley's men