The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-01-08
ENDS
AT UNION CITY
THREE DAYS FOR ARGUMENT IS
ENOUGH SAYS PRESIDING
JUDGE JONES.
ten SPEECHES WILL Be MADE
Rebuttal Evidence Weakens Several
of The Alibis Of The De-
PENDANTS.

sides concluded their testimony in the
night rider cases this afternoon and
the arguments begin tomorrow. Just
how long before the cases of the eight
defendants reach the jury is problem
atical. The court failed TO limit the
time of argument of counsel, but in
timated that he thought a day and
half for each side would be ample.
There are five attorneys on either
side and not one is willing to let the
case end without making an argument.
The State will open through Maj.
Holmes, who will be followed in order
by Judge Moore, Judge Caldwell and
Judge Stuttgart. Then the defense
will have its innings and Attorney Gem
eral Caldwell will end the case on be-
half Of the State.
The illness of Juror Rosson, who has
the measles, is causing the court ana
the attorneys considerable uneasiness.
Should he become too i'll to finish the
case a mistrial would result as the
Tennessee laws do not permit the
waving of a single juror. That he
will be considerably more indisposed
as the disease progresses the physi-
clans declare is inevitable. But they
can not say whether or not he will be
rendered totally unable to hear the
arguments.
Judge Jones declares that If mecca
sary he will finish the case at the sick
mans bedside rather than declare
mistrial. The State realizes that 1t
would be next to impossible to get an
other jury to try these eight men since
the evidence has become public. But
in case of verdict Of guilty it looks
for a rush of other indicted riders to
plead guilty and seek the mercy or
the court It would probably accept
pleas from all except the ones indicted
for murder.
When court resumed this morning
the sick juror, j. ]. Rosson, was
brought into court and made comfort
able in a large easy chair. The de-
tense called one of it's missing wit
nesses, Joe Hogg. 1t proposed 10
show that Hogg had not urged Mrs.
Norris to perjure herself and had not
threatened her if she told the truth.
The State objected because Mrs.
Norris was a witness for the defense,
and the defense could not impeach its
own witness. The court asked for ar
gument on both sides and got it, while
the jury was excluded.
The court ruled with the State and
excluded Hogg's testimony as well as
that of Jack Long, the other man &C
cused by Mrs. Morris of threatening
her.
Mai. Martin and Capt. Warning, OF
the National Guard, testified that Bob
Knight. one of the defense's witness
es. who swore he never saw night
rider, had made statement to them
that he was sworn into the band by
Carrot Johnson, one of the accused.
Then the State called w. H. Clark.
weigher of the cotton gin. 1t will be
recalled that several of the defendants
are depending for an alibi upon the
testimony of several witnesses that
they loaded wagon Of cotton at
o'clock In the morning, an hour OF
two after Rankin was murdered, and
took it to Troy. Clark identified the
gins receipt book, which showed that
the cotton Hogg swore was sold ON
the morning of Oct. 20 was really de-
livered on Oct. 81 or a day later.
The alibi witnesses carried the de-
PENDANTS from 8 o'clock the night OF
Oct. 10 through the night to 3 O'CLOCK
in the morning of Oct. 20, when they
swore they started to make the trip
with cotton. The evidence that the
cotton was taken to the mill on Oct
la instead Of day before leaves thia
alibi broken.
After luncheon the state introduced
few character witnesses and rested.
The defense offered testimony but
urged the withdrawal Of all testimony
concerning night riding except that
attending the actual killing Of Rankin.
The court overruled the motion.
The State asked delay until to-
morrow before commencing argument,
hit the court declined to entertain the
idea unless the defense agreed, which
it did and adjournment was taken I'M
til tomorrow. The court declined to
limit the time of argument, but said
he would ask counsel to conclude with
in three days II possible.