The Sentinel=record., 1911-05-25
WOOD CLAIMS
 INTERFERENCE
tcontinued From Page one.)

tor could use the challenge, but that the same privilege would be given tho defense, and MT. Moyston was ex- cuspd.
 Later however. and after the state had exhausted it's last challenge. At torney Sawyer for the defense arose
 and asked the privilege of using one
 challenge on member of the jury
 who had previously been accepted
 Prosecutor Wood arose ana
 objected giving as his reason that the privilege of using peremptory
 challenges In this manner ceased when the state dun out of challenges.
 and the point war argued, Attorney Graham for the state. presenting some authorities.
 The court ruled that the point was
 well taken, an did not permit the defense to go back and excuse the
 juror 1t had anticipated excusing. With the jury complete the open Ing statements were made. after the witnesses were all lined up alits
 sworn. Prosecutor Wood stated the circumstances the state would use to
 make It's case. outlining in brief about what had been previously pre-
 sented in tho case. Attorney Murphy outlined the defense. indicating what
 would be the reliance in this csst all
 of which will be d veloped in the evr Idcnce of the case which will begin this morning at 9 o'clock.
 John Rutherford, tho defendant in this case, is frequently surrounde1 by friends during the brief court inter missions. His wife takes her place by | his side each morning and watches the proceedings with interest. The little daughter of the defendant spent
 most of yesterday afternoon about his knee. She is apparently too young to
 realize the seriousness of the drama that Is being enacted before her. Prosecutor Wood almost collapsed yesterday in court. Early in the morn i ing he had an attack something like virtigo, and against the advices ana Instructions of two physicians. came
 down 10 the court room at o'clock.
 Half an hour afterward he asked that court take q recess for an hour so
 he might lie down and rest. and at
 the end of the hour he did not feel
 able 10 continue the case, so he was given until the regular ? o'clock hour of the afternoon to take up the case. | In the afternoon he looked refresh ed from his rest. but before the conclusion os the strenuous afternoon showed again the wearisome effects of the work when he is not in condi- ton to enter into the case with vigor
 The case in issue will dwell mostly
 on the intent of John Rutherford in |entering the county jail and removing Chitwood the night he was shot and
 killed at the jail door. The state continues to claim that Rutherford's 
 act was only part of general con spiracy to murde- Chtwood, while the defense urges thet t was an act helpful to Chitwood in so for as Ruth crford was concerned, and that every circumstance in the whole of the case will help to confirm the theory of the defense that Rutherford could not have any reason for taking Chit wood from the jail other than to take him safety.
 The court house was well filled with spectators yesterday. but the big throng is expected after this morning The drawing of the jury is never very entertaining affair, but the taking of evidence in the case will attract several hundred, and when the arguments are reached the court house will be packed to capac. ity to hear the efforts of some of the most brilliant andlearned lawyers of