The Sentinel=record., 1911-05-25

work Tuesday afternoon. and had
summoned two men. when he met
kube Gillian. Rube had buggy. and
they went to the deputy's brothers s
shop and he left his gun there. and
they went to the country. They went
on out to Rube Gillam's house. The
deputy stated that he summoned peo-
pie along the route, and that he be-
lieved he summoned one or two jur-
crs at Gilliam's place Gillian was
with him all this time.
However on the further examina-
tion' came the reasonable explanation
for the Incident Bailey testified that
the day before he had arranged to
buy horse from Gillian, and that
morning he asked Rube il the horse
was in town, and Gillian told him ii
was not. Bailey said he did not want
to hire horse to make the trips to
the country so Gillian suggested
that he ride in his buggy until they
get to Gilliams farm AT the farm
they found the horse Bailey was to
buy was out in the pasture and that
no saddle was there, so the trip was
concluded in the buggy with Gillian
as matter of kindness to him.
Bailey swore that he did not know
that Gillian was specially friendly to
the Houpts or to Rutherford. and that
|Gilliam never tried to influence him
in the selecting of jurors along the
route they travelled.
Prosecutor Wood then had Treas
urer John Disherhorn and ]. M Hous-
ley summoned to testify to the friend
iiness between Rube Gillian and the
Houpts. Mr.. Disherhorn stated that
he had not heard Rube talking of the
case, for he had been busy at his
work, but that he knew they were
generally considered as friends.
Mr.. Housley stated he knew they
were regarded as friendly, and that
he had an argument with Gillian
when he heard the latter say that
Judge Wood ought not to be aga INST
the men who put him in office.
Prosecutor Wood then asked that
Attorney Egbert Rutherford be sworn
and asked him this question: Has
Rube Gillian said or made sugges-
tions to you az to the jurors to be Sc
lected in this casey
Attorney Hogue, also of counsel for
defense. objected to the question,
stating that there was a confidential
relation OF attorney which would
cover the situation.
Circuit Judge Gotham recognized
the confidential relation of attorney,
and told Mr. Rutherford that he
might answer the question or not. as
he elected to do
MIR. Rutherford stated that he was
favorable to the defense, and counsel
for the defense. and certainly would
not do anything or say anything to
advance the prosecution There the
matter ended.
Judge Gotham ruled that the mo-
tion to quash the special venire had
not enough evidence to support it, and
the exam'n'ng of the talesmen was
taken up again The court stated that
he regretted exceedingly the incident,
since the sheriff was one of his ap-
pointees
Immediately on resuming an exam
ination of the jurors Prosecutor Wood
exhausted two challenges, the last the
state had on Fred Palmer and Joe
Gregory. who stated they We're en-
ployed by Gillian.
But one of the jurors drawn on the
first and second days were excused
Yesterday At the afternoon session a
tenth Juror had been agreed OH ana
Prosecutor Wood arose when the
tenth iuror had been agreed on and
stated that he wanted to use premp-
tory challenge. on w. Fl. Moyston.
immediately Col Murphy of counsel
for the defense arose and interpcsed
an objection, stating that the statute
MAINLY provides that the state shah
Iehallenae first and that the defense
shall have the right of last challenge
and that to permit the state to thus
90 hack after the defense had passed
an Juror was denying the defense
ono If its material rights. He added
hat the only manned in which this
could be done was to show some new
cause for excusing the juror.
Prosecutor Wood stated thae ane
whole was matter for the courts
discretion. He said Information han
eoma 10 him since accepting Mr.
Movston that would have caused MN
- excuse him at the time Il ne ha'
known it. 49,
Attorney Hogue objected TO 'h's
statement, saying he did not want tne
impression created that there was
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