The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-08-24

would decide the case solely on the
evidence that might be produced In
court.
Judge Watson declined to pass on
the qualifications OF Mr.. Lester at this
stage and he was told to remain with
in call until later In the day.
L. r. Lester asked TO be excused
from jury duty on account OF illness.
Judge Watson expressed regret that
Mr.. Lester had been compelled to
come to court when sick and readily
excused him.
James j, Bailey. the next venire-
man, had read all the newspapers he
could get hold Of. he said. and had
formed very decided opinion on
the case He WAS told TO stand aside.
John II. Bailey had read a news
paper every day containing accounts
of the trial. To some extent ne had
formed an opinion as TO the correct
ness of what he read. He didn't know
whether he could throw off what he
read or not. He didn't, however
feel that he would be biased Didn't
feel that he could approach the trial
! Of the case in quite the same frame
OF mind as if he had never read any
thing on the subject. He was quite
sure he would not be biased, Some
/ question being raised by Mr.. wenden-
J burg as to the meaning OF the word
bias as used by the venireman, the
/ Judge quantity remarked that we are
all splitting hairs and making words. -
Witness finally stated that he had
/ talked over the case with others and
had expressed an opinion. which had
+ been based on what he saw in the
I newspa pers. In reply to a question
A.. -, M Ts,it 4 4
that his Judgment would be made
solely from the evidence and what
ever opinion he had had heretofore
! would have no effect ON his opinion
formed as a Juror.
The Judge declined 10 pass on Mr.
/ Bailey's qualifications at the time and
/ ts IVES told to stand aside pending
the call of the court
] w. w. McEnally had read news
paper accounts OF the case, but had
lost interest in the matter somewhat
after the coroner's inquest, and had
/ not read much about II since that
time. He had not been biased by any
thing he had read in connection with
the case. and felt that he could give
| the accused fair and impartial trial,
| He had formed an Impression. but felt
II would not weigh on his mind in the
trial of the case.
Opposes Capital Punishment.
At this point Mr.. McEnally gave
the court and spectators one OF the
! first real surprises OF the day. When
| asked If whether or not he had any
| conscientious scruples with reference
| 10 rendering verdict the effect OF
which would mean the imposition OF
the death penalty, the yenireman re-
piled, Il have conscientious scrupies
/ on passing death sentence on circum-
| stantial evidence. There must he an
eyewitness TO the crime or comics
sion for me to be willing to see the
death penalty inflicted" said MIR. Nc
4 Enally He was not accepted.
Terence f. McEnally was rather
more radical in his views than his
brother on the subject of the infection
Of capital punishment. and was not
willing to see the penalty of death
inflicted for any crime.
First Juror Of the Day
| Thomas A. Hancock lived In the
western part of the county In what
is known as the Skinquarter neigh
!. horhood. He had read some accounts
/ of the crime. but what he had read
had not caused him 10 form a fixed
i opinion. OF course. said he. what he
had read had made an impression OH
his mind, but he believed he could lay
/ 1t aside Under examination by Mr.
\ Carter he admitted that ne had talked
about the case. He was accepted as
a juror. the defense Directing, being
the first man 10 take his seat as a
member of the panel during the day.
Lewis Robinson had heard some
! accounts read of the crime. He had
formed no opinion. He hadn't follow
| ed the matter closely. He didn't think
| that he had any opinion to amount
to anything. He didn't remember
that he had expressed himself In any
way as to the case. He was ac-
| cepted. becoming the fourteenth men,
Der Of the panel.
At this point the court adjourned
for dinner until AIS O'Clock.
Afternoon Session.
On the reconvening OF the court, w
G. Rocks was examined and speed
lily accepted.
Joseph X. Spinner thought what he
| had read would bias him in the case
and he was promptly rejected.
W. b. Blanenship. assistant supertn-
tendent OF silk mills. waa the ak
teenth man accepted. He spoke M
promptly and emphaticalIy in reply to
all questions. He had formed no opln-
ion; nothing he had read would infiu-