The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-07-20
THREE NEEDED
IN LYENs CASE
NOW LOOKS AS IF 1T WILL BE
IMPOSSIBLE TO SECURE JURY
TO TRY THE TWO MEN-DE-
TENSE USES ITS STRIKES
FREELY.

With nine jurors secured and the
jury box practically exhausted, the
indications are that it will be impos-
sible to secure twelve men to try
w. B. Lyons and his son, Archie
Lyons, of Wayne county, who are
charged with the murder of M. Flem-
ing smith, and who, for the third
time, have been arraigned on the
charge of murder.
While the necessary three men
may be secured this morning, it is
hardly probable as only small num-
ber of jurors remain to be examin-
ed. The failure to secure a jury is
due to several facts. In the first
place the defense, from the very min
ute the case was called Monday, dem
onstrated that they intended to use
every possible effort to prevent the
trial; whether the defendants or their
attorneys really fear trial lin this
county is not know. but it is evi-
dent on every side that they will
fight to the end to prevent the trial
and will use every strike allowed them
under the law, 40, in order to prevent
the making up of the jury.
When court convened yesterday
morning the usual large number of
jurors, witnesses and others were in
the court room and the work of ex-
amining the Jurors was started at
once. The first several went down
for cause and the first to qualify was
Prof N. H. Ballard, who was accept
ed by the state and quickly excused
by the defense. Following him w.
R. Cox, B. F. Mann Winton Green
field, ]. H. Anderson, w. M. Purvis,
and c. McGarvey all qualified and
were accepted by the state, but ex-
cused by the defense. Finally J. M.
Lowe qualified and he was the first
juror of the day to be accepted by
the defense and to take a seat in the
jury box beside the four men who had
been secured on Monday. The four
others who were accepted during the
day were: J. Willis Clark, G.. A.
Hawkins, G. G. Califf and Henry
Bradham, and, with the four who
were accepted Monday, J. A. Will
hanson, Thomas Livingston, R. M.
RiX and Allan Dubberly, nine men
occupied seats on the jury when the
court recessed yesterday afternoon.
Defense Strikes Freely.
The defense was free in its strikes
yesterday and out of the twenty
eight jurors qualified nineteen of
them were struck by the defense,
four by the state, while five were ac-
cepted. The defense, as stated, is
allowed 40 strikes; it is their privi-
lege by law for the attorneys to re-
fuse to accept that number of jurors,
and that they will exercise the right
to the full limit there is no doubt. as
some of the best known men in Glynn
county; men with whom almost any
man would be willing to submit his
case. were rejected yesterday, as on
the previous day.
The defense now has II strikes
left, while the state has A. 1t is
estimated that fifty or sixty more
jurors can be secured and if even
lN,I
which is very doubtful, the jury can
be made up. This will give the de-
tense its remaining II strikes, al |
low one fer the state, and three for |
the jury. 1t is hardly probable that |
the state will exercise its right to
any extent; in fact it is not believed
that it will strike another juror.
While large percentage of those |
who have gone down for cause, 224 |
in all, were honestly biased or pre- !
JUDGED in the case, at the same time
it is known that large number of |
jurors, not interested one way or
the other, men in position to give alb |
solute fairness, to both the state and
the defense, went down for cause |
for fear they would have to serve on
the jury.
Wife and Mother Arrives.
Probably the most pathetic scene
enacted since the case was called |
Monday, occurred yesterday morning
when Mrs. w. B. Lyens, wife of the
ex-sheriff and mother of the unfor-
tunate boy, accompanied by the nine
year old daughter, walked into court,
She arrived in the city from Jesup
yesterday morning and at once hast
ened to the court house. With the
love of wife and mother, she rush
ed to her husband and son and, as
she kissed them, refreshing ex-