The daily sentinel., 1909-06-26
.BRAzEN ATTEMPT TO
| INFLUENCE THE JURY
CONTINUED from page one, }


its officers, and juries from such at
tacks but that ii could not be expect
ed that the deputy district attorney
would take any steps against this in
reference of which his brother, one
of the editors of the morning sheet,
and the publisher of the sheet, had
been guilty.
Attorney Welsh declared that in its
issue today in at least three different
places the morning sheet had libeled
the attorneys for the defense who
were appointed by the court itself and
had openly and brazenly attempted to
try the case out of court and to con-
vict the defendants before trial.
Attorney Welsh quoted the law
showing plainly that such actions on
the part of any newspaper is in open
violation of the law and is contempt
of the court. He asked that the pub
Usher of the morning sheet and the
/ brother of the deputy district at
torney who wrote the articles in ques-
ton be brought before the bar of the
court and either fined for contempt
or sent to jail, The attorney pointed
out the fact that the articles were
written with the sole intention of
bringing about the conviction of the
defendants, whether they are proven
guilty or not, that the intention to
influence the jurors was plain
enough. There never was more
| outrageous attempt to try a case out
of court than made by this paper this
morning." declared the attorney.
Cases wherein papers had been
found guilty of contempt for the very
same offences were cited
attorney declared that out of
to the defendants, out of JUS
tIce 10 the court and the attorneys,
these newspaper men should be pun
ished al once for contempt He de-
clared that the officers of the court
and the attorneys were entitled to
protection and demanded it.
He denounced statements made by
the morning sheet to the effect that
the attorneys for the defense were
trying to pack the jury with men
favorable to their cause as libel of the
rankest and dirtiest kind, that the
attorneys were using their challenges
in an effort to get fair and impartial
men on the jury and TO secure justice.
He declared that when such trials are
in progress the court and it's officers
should be shielded from attack and
insult.
These men must be taught that
they cannot take the place of the
county. therefore they deserve severe
punishment, declared Attorney
Welsh.
The court declined to allow the at
torney to read the articles in ques-
tion.
The attorney urged that speedy
action be taken in the matter as the
interests of the defendants now on
trial were at stake and the influence
1t
should not be permitted to remain
unchecked by punishment until after
the case was at an end.
The attorney declared that if no
action was taken then the defendants
would not be able to get fair trial.
The deputy district attorney had
nothing TO say whatever in reply to
Attorney Welsh.
The court declared that only one
case can be tried in this court at a
time" Then he said he did not know
whether or not the rules governing
contempt in felony cases applied in
this case. He then indicated that the
matter would be taken up later and
ordered that the trial proceed.
Since the adjournment yesterday
afternoon the sheriff acting under
orders from the court had been busy
'getting new venire of / 2 men from
which ii was hoped to complete the
jury. These veniremen reported this
The work of completing the jury
only occupied about 80 minutes and
the jury secured, composed of twelve
men, is a very representative one.
More trouble was experienced in
securing jury in this case than in
either of the previous cases, the work
of selecting the jury having been
taken up yesterday afternoon at 2
o'clock and many men were excused
and two venires exhausted before the
jury was completed this morning.
The witnesses sworn for the prose-
cution were j. w. ShultZ, Leslie
Hoodenpyle, Sheriff Schrader, Under
sheriff Wallis. Chief of Police Wat
son, Officers Mccall Moss and Alli-
son.
The witnesses sworn for the de-
PENDANTS were only two in number,
besides the defendants themselves.
The first witness called was j. w.
Shultz, the man employed by the
prosecution to work up evidence
against bootleggers and gamblers.
Shultz's testimony was to large
extent the same as that given at the
trial of the alleged gamblers on
Thursday He told of visiting Matt
Jones' joint on last Sunday night
June 90, with young Hoodenpyle.
Told of being there on two dfffereN
occasions during the evening, testi7
fled to seeing a game in operation on
the first visit and then to engaging
in gambling game known as Black
Jack later in the evening when he and
Hoodenpyle returned to the joint. The
four defendants and the two negro
girls tried Thursday were in the
game at the time. Shultz described
The game told of money being won