The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-05-01
BY W. MD. WILLIAMS.

wYTHEVILLE, VA. April 5o.~~-
After two sessions OF court, lasting
until $50 o'clock this afternoon,
court adjourned with twelve Jurors In
the box, needing four more to COM
pleie its panel. from which twelve viii
the murder of w. NJ. Foster Com
Ynouwcairh attorney of taTrris CouT1=
t..
Fair progress has been made. and
1t Is expected the need four Will be
secured early tomorrow morning.
opening statements Will be made and
Some of the evidence heard before
recess Is taken for lunch.
Proceedings today were confined
TO the selection Of 1urynen and were
embarrassing. except In the ease OF
e, r. Boyd who consumed much III
the time. only to be finally excused,
after having been passed once ever
the exception OF the defense. Mr..
Boyd having been finally excused for
cause. the exception WAS consequent
Iy removed from the record.
Had Formed Opinion.
In examining Mr.. Boyd. who stated
that he had formed an opinion in the
case, bA could put 1t aside, MIR.
Willis. Of counsel for the defense,
asked II one witness should testify
along the lines OF his opinion already
formed and another should testify the
opposite. II his previously formed
opinion would not Influence his de-
eision as to which WAS telling the
truth. He replied he believed (
would. In RESPONSE to further cues
tioning he qualified this statement
considerably and was passed by tho
court az ii competent juror, 10 which
exec pfsrn was noted.
just before adjournment. however,
tssvF 4 NH. aossa4 sss
Witnesses Absent.
When court opened AT 10 o'clock
there was considerable delay In get
ting down to work, owing to the alb
sence of witnesses for he defense.
The Commonwealth, which has sum
rloned more than 100 witnesses. an
nnanced Its readiness.
Upon calling the list OF witnesses
Tor the defense II was found tina
twenty of these failed To answer
Many of these were material, and the
defense declined TO announce ready.
The court took up the materially OF
the witnesses and reduced the num-
Der OF material abseutees to four.
These are well known citizens of Car
roll county and can be secured.
Will Walk from Hlilsviilc.
In the course of the courts inyes-
tigation it developed that one of the
material Witnesses, Noah Wrigley.
who lives about 'sten miles the other
side of Hillsville." had started Sunday
to walk. He is expected to get into
Wythevilie tomorrow morning, long
before he is needed. The work Of
selecting the jury started with a rush,
he on:st four men called qualifying
witff8ut an objection. These are
George J.. Repass, J. b. Umbarger. w.
NJ. Bucha nan, and Frank u. Nelms.
Opposed To Capital Punishment
]. Davis Philllppi was the first to
be excused. Ha stated that he wa
opposed To capital punishment. Later
his brother, Thomas X. PhiHippi. was
accepted.
The next three qualified and out of
the IA of the first venNe of 20 to
appear in court, were accepted.
Cour then took n recess until 4
o'clock in the afternoon when an
other venlre was exhausted and a
number summoned from the by
ISLANDERS
Out of So examined, IL were passed
as competent. or these IL. Frank Z.
Nelms Is "a business man. Of Max
Meadows and Greek r. James 10 a
former deputy United States marshal.
All Of the others are farmers and men
OF high standing In their communities.
The Twelve Accepted.
The twelve accepted are: George
]. Repass. J. Il. Umbarger. w. NJ.
Buchanan, Frank f. helms. J. Strang-
sr Brown, Charles p. Buck, Greek r.
James n. d. Shupe. Thomas X. Phil
tContinunff on Third paEel