The Birmingham age-herald., 1912-05-10
Third Man Begins Fight for
 Life in the Same : Case
NAMES OF JURORS
 TO DECIDE FATE
Judge Cahalan Rules That Jurors Who Served on Either of Jones Trials Are Not Eligible
 in This Case

The third white man, will Watson. who was indicted for the killing of the negro, John Holland. is now on trial for hfs life in the first division of the crim- inal court before Judge Frank Cahalan.
 The case against Watson, who was jointly iindicted with the Jones boys, was called yesterday morning at 9;30 o'clock, but owing to the absence of numerous witnesses for the defense, as over 150 were summoned, the court adjourned until ? o'clock to allow counsel for the defense, Julius Davidson, to make showing for the witnesses, who had not responded to the lengthy roll call. When the court convened MT. David- son decided not to make a showing, but filed q motion to quash the venire on the grounds that noice of the jury 1 selected to try the case against Will Watson had not been served according to law. MT. Davidson also contended that all the jurors who had either sat on the cases against the Jones boys or had heard the testimony in the cases were incom- petent to serve as jurors in the case against Watson, and asked for an entirely
 
 Davidson in his contention that the jurors who had served on either of the two juries that had convicted the Jones boys, | declaring them incompetent to serve on the Watson case, but overruled the other objections.
 | The entire venire of 5S jurors was then called to the Jury box. Twenty-four jurors were excused as l having served on the former juries. | Fourteen were excused by reason of fixed opinions, leaving just the legal number from which a jury could be lows:
 | Wiley D. Moody, clerk | ]. s. Westbrook, carpenter. | Robert s. Waite, salesman. Monroe T. Posey, foreman. | Alvin D. Davis clerk. | Huston Farmer, clerk. Charles H. Abbott, city comptroller. 1 John L. Riddle, clerk. Earle W. Wood, clerk. Guy Overton, chemist. Alex Griffin, clerk
 J. Duncan Baugh, treasurer and secre- tary.
 | The case went to trial at o'clock and a number of state witnesses were exam ined.
 Trial Commences 1 At 315 the jury was seated in the hox and the trial commenced Assistant lSolicitor Hugh Locke read the indict- ment, charging Will Watson with the murder of John Holland Attorney Ju- lius Davidson entered plea of nos lguilty for the defendant.
 The human bones, the pieces of clothing said to be those of John Hol land, the pistol and shotgun that had been proven were his. were placed on the table before the jury. The first witness was Deputy Sheriff Fred McDuff, who identified the bones and articles of clothing found by him on Cat mountain The defense did not cross examine the witness E
 Julia Holland, mother of the dead negro, was the next witness. She tes- tfied that on the 18th day of June she last saw her son alive.
 Her testimony was practically the same as in the trial of Arthur and Walter Jones. She stated that white man came to her house and asked her soa to go with him to meet Walter Jones in reference to conditioning" some chickens
 John Wade was brought into court and the witness identified him as the mao who came after her son
 Hollands Mother Testifies
 She testified that the defendant, Wat son. had come to her house and said that her son had accused him wrong fully of stealing chickens and that some one would dig coal" about the matter if 1t was not straightened out.
 She identified the pistol, shotgun and the several articles of clothing as those belonging to her son. The wit ness was submitted to a rigid cross- T examination by Mir. Davidson but was not shaken in her testimony in the least.
 pr. Hamrick, county physician iden- ~ tihed the bones as those belonging to q human being.
 Allen Holland. brother of the de- ceased negro. testified that when he learned of the dispute he made a search for his brother in company with others and had searched the neigh borhood of Cat mountain but without success. He also identified the articles of clothing. the pistol and shotgun as belonging to his brother. He told of a conversation he had with Win Wat son, the defendant, in which Watson told him his brother would have to apologize for accusing him of stealing his chickens if he still wanted to live on Cat mountain. He was closely cross examined by MT. Davidson, but stuck to his original testimony.
 Wade on Stand Again
 John Wade. who is also under indict- ment for the killing of Holland, was put on the stand. He was warned by MT. Burr that he did not have to answer any question that might incriminate himself and that his answers must be voluntary He told of meeting Watson ib company with Arthur Jones on the day that Ho!- land was killed, and of the later meet ing with Walter Jones. and that he was asked to go after John Holland, but re- fused and was given to understand that he had to go suffer the consequences He testified that Watson went with him to point near Hollands house and thai he went to Holland and told him Arthur and Walter Jones wanted him to sec about some chickens. He testified that Holland, carrying a shotgun, went with him to the place where he had left the Jones boys, and that Walter Jones took the gun away from the negro and thai