The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-07-22

The above are the twelve Gynn
county Jurors who will pass ON the
case of w. B. Lyons and Archie Ly-
ems, charged with the murder of M.
Fleming Smith; they are the men
who will say, after hearing all of the
testimony in the case, whether the
father and son killed young Smith in
cold blooded murder, as is the con-
tention of the state, or whether they
fired upon him in self-defense, which
is the plea entered by the attorneys
for the two defendants.
The battle is now on and it prom
ises to be one of the hardest fought
in legal circles ever recorded in this
section. Lined on each side are sew
'eral able attorneys, and, from the
very start Monday morning, when
the work of selecting a jury was be-
inch of ground will be strongly con-
tested.
Twelfth Juror Secured.
When court convened yesterday
morHing one of the Jurors who had
heen secured, c. c. Califf, was ill,
which caused an adjournment until
2:30 yesterday afternoon. The Ri
fiemen and the band had not reach
ed the city, and only one or two ad-
ditional jurors were in court. Mr..
Califf improved during the forenoon
and was present when court conven-
ed after the dinner hour. Probably
a dozen new jurors, most of them
having just returned from Chicka-
manga, were on hand and the work
of securing the last juror was at
once begun. Chas. G. Arnheiter was
the first juror to be examined and
he qualified. He was at once ac-
cepted by the state, and after con-
sultation on the part of the attorneys
fer the defense lasting several min
utes, he was also accepted and fill
ed the one vacant seat left on the
jury.
The next hour was spent in calling
the many witnesses for both the
state and defense.
Motion to Continue.
The defense made another effort
to have the case postponed, when
Judge Conyers was presented with
motion to continue on the ground
that it was evident that a great ma
jority of the jurors Of Glynn county
were prejudiced against the defend
ants and that the local newspapers,
as well as others having a circula-
tion in this county, had published un-
fair reports about the defendants. A
copy of The News Of Tuesday morn
ing, the article in this paper being
one Of those referred to in the pesi-
ton, was attached to the document.
1t was claimed by the attorneys for
the defense that the articles had
treoted the defendants unfair in
many ways and had caused many
jurors to be biased. Judge Conyers,
after reading over the lengthy motion
overruled it.
Attorneys State Case.
Solicitor General Thomas here in
a short address outlined briefly to
the jury just what the state intended
to show. He said that it was the
states contention that Smith was
murdered by the two defendants;
that they went to the drug store
where the deceased was at work with
the express purpose of killing him,
having four pistols each; that they
were mad with Smith and went to
the store where he was, taking an
overwhelming advantage of him, that
they had the advantage in size, in
weight and in firearms; that he was
shot many times by the two men and
finally w. B. Lyens, after Smith had
fallen to the floor, held him while
Archie Lyons fired another bullet
into his body.
W. w. Bennett, leading counsel for
the defense, stated his case to the
jury in fifteen minute talk, He
said the state had greatly exaggerat-
ed the case, that the defense intend
ed to show, by the only eye witness
to the tragedy, Nose Brinson, that
Smith fired the first shot, that the
two defendants were so heavily arm
ed because they were en- route to the
depot to arrest desperate negro