The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-06-14
INVESTIGATE DEATHOF
NECRESS, EMMA HOLSTOV

the swelling of the veins of his fac,
and he slung the package across the
table to the sheriff for inspection
Garner and his messenger had vic
lated the rule against passing anything
to prisoner without the consent o.
an officer of the sheriffs office, but
Garner took this interference of the
officer of the law as an insult without
attempting to conceal his irate state
of mind.
After a wait of over two hours an
nouncement was made that the head
Ing was adjourned till o'clock p. m.
Afternoon Session.
TIL court WOE not ready to begin
the Il airing ". el the afternon hour,
o'clock had aived but the colored
audience had t.rln to take seats up
in the gallery ed below, the women
finding it mcIn satisfactory down
stairs than up, 30 they took seats to
the front near die bar.
Judge Bolton reached the court
room at 2:15 but as District Attor-
ney McLaurn was in consultation with
witnesses for the state it was 230 be-
fore the prosecutor for the state ap-
peared in the court ROOM
Mr.. McLaurin announced that the
state had been unable to get certain
witnesses frim Make who saw the
shooting and the state found it neces-
sary to ask for a continuance If the
state could get witnesses by Wednes-
day the hearing could be set that day.
but on account of the railroad sched-
ule they could not appear in court
till Thursday.
Mr.. McLaurin said to the court that
the case before it was one of much i'm
portance and not one in which it would
be fair to rush the state to trial when
not ready. There had been no laXity
on the part of the sheriff or his Off
GERS in the matter of obtaining the
presence of witnesses. xsa-S
Mr.. Paul B. Johnson, who represent
ed all three of the defendants opposed |
the motion for a continuance so far |
as it affected Garner and Gordon and |
argued in favor of severing the cases
md permitting the preliminary hearing
to go on as to Garner and Gordon, who
the attorney said, had been in iail a
week and under the law they were en-
titled to a speedy hearing and he
could not see the justice done those
defendants in continuing the case as
he state had had ample time to get
The district attorney opposed sever
lnce of the trials and favored the
rial of all three, Akens, Garner and
iordon together.
The court after an examination of
he law expressed the opinion that no
injustice would be done either of the
hree by being trie d together. that TO
ever the trials would unnecessarily
'rolong the time of tn hearing and
id unnecessary costs to the county.
'he court thereupon said that the
caring would be postponed to Thurs ;
ay morning.
After this announcement the attorn- {
y for the three defendants called for t
list of the witnesses for the state. {
The district attorney interjected the
emark that he was not required to i
lrnish the defense with the names of {
ne witnesses for the state. !
Mr. Johnson, addressing Deputy s
lcGilvray asked him for the list of |
ames in his possession. 7
THAT is to the district attorney"
eplied Mr.. McGilvray, "as to whether s
give them to you or not"
The defendants attorneys declared
nat his clients were being deprived
constitutional rights, saying:
I'VE ask the court to order the dis ,
let attorney to furnish us with the
st of witnesses for the state"
The district attorney arising said: +
My friend is mistaken, if he can
how any law where the district al
'rney is required to furnish the de- !