The Sentinel=record. (Hot Springs, Ark.) 1900-current, 1911-05-23
RUTHERFORD
TRIAL is ON
FOUR JURORS FROM FIRST PANEL
AND 100 TALESMEN DRAWN
FROM BOX.
Roster Of Witnesses Not as Long as
Antcipa, ed and Case Nay BE FIN
ished Within Present Week
Cab Perryman. dairyman. middle

Tom Ellison. liveryman. middle
age.
w. Roark. farmer, old man.
d. Il, Gallagher. farmer. middle age.
The above four men were selected
yesterday from the regular panel OF
twenty four Jurors for service in the
case of the state VS.. John Rutherford
charged with the killing of Oscar
Chitwood, and Will go to make up the
jury of twelve In one OF the most i'm
portant criminal trials that has been
on the circuit court docket here Tor
yers.
II was something of a surpri that
eight men of the regular panel OF "a
qualified for service in this case as
it has been expected that it would
be extremely difficult to get a jury
after the wide publicity given the
tragedy and ii various aftermaths.
OF the eight men that qualified two
were excused by the state and two by
the defense. Those excused by the
state We're Dave Fowler and T. l.
Moore. and those excused by the de-
Tense were Rayburn Harris and l..
Tackett.
Those disqualified for service and
excused by the court were w. B.
Watkins. Hiram Kizza, p. J. Barnes,
NJ. F. Lavender, J. H Runyon, Robert
Barnes. II. II. Massey M. J. Sharp,
George Bray, ]. II Wallace, w. b.
Singleton. N IT. Harley, Alec Mar
shall e. r. Keller, N. w. Burgess. A.
Farley
Immediately after disposing of the
regular panel Circuit Judge Gotham
discussed the situation with counsel
for the state and the defense, with
The result that the full special venire
of 100 names were drawn from the
box by Circuit Clerk Wilmington and
placed with Sheriff Webb for service
with instructions that they report In
court this morning at 8 O'Clock, when
the matter of securing a jury will be
taken up again.
John Rutherford appeared in court
looking little changed by his incarna
ton. He gave attention to the matted
ton. He gave attention to the matter
jurors who VIII have his fate in hand
Seated beside him was his wife, who
will probably remain with him during
the whole of the trial
That there will not be as many wit
nesses examined in this case as might
have been anticipated is Indicated
from the copies of the summons II
took more than ten days to hold the
inquest and preliminary investigation
Of the case, but this trial may not
consume more than the present weeh
| If a jury is completed today
There was one witness of import
ance who did not answer yesterday
but it is probable that he win be here
today The witness in question u
Row Brown, who has removed to Lit
tie Rock. Brown is witness both fo
the state and defense, and is wante'
by both sides He was jailor at tn
time of the tragedy, but was not il
the city, having gone on Christmal
vacation TO visit his mother near Oar
danele.
The other Of the witnesses wer'
either present In court yesterda.
morning to answer the summons. o
had made arrangements so they conl'
be excused until called. and would b.
ready for the summons at any TIM
when it was likely they would b
called.
The tragedy Of which this trial /
the outgrowth is fresh in the mind
lof all Oscar Chitwood, brother Q
George Chitwood, was taken from th
lcounty jail on the morning OF Decem
| Der 26 and killed. Rutherford dep
luty, took him from the cell to tn
louter door. where he was shot b
some parties yet to be determined
Rutherford stated after the TRACED
that he had feared such an attack O
lChitwood, or else that he would b
rescued by friends. and gave that a
his reason for the removal.
i After lengthy investigation by
coroner's jury warrants were issue
against John Rutherford and BE
Murray, charging them with the XII
ling. They were ordered held withot
bond, and Sheriff Sid Houpt permit
ted him to wark about his place
the country and remain under survei
ance there instead of in Jail while
later resulted in his being indicte
and convicted Of escape and reno
led from the sheriff's office
Fl Rutherford is represented by Col
incl Gearge Murphy. A. ]. Murph