Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-07-18
.EV VENIRE FOR
.6GROPnISONERS
JUICE HHI CKENRlDGE WILL
Chla. SEPARATE NENIRES
IN pIRTAIN CASES.
A Sensational MOTION


During the balance OF the persent
! criminal .orm OF court separate jury
Venires VIZ be used to try negroes
who are charged with crimes against
/ the state. This is the relief granted
the county attorneys office yesterday
! morning ON Superior Judge NJ. A.
! FreckcnridCe. in overruling the sem
sational motion of County Attorney
! Nalloy to discharge the present panel
| of iurymcn and continue all criminal
cases for ,hc term.
The county attorney assigned the
acquittal verdict Of the present Jury
In the two cases tried so far this
! term in Wnich both Of the defendants
were negroes, as the reason for the
| motion.
This motion IL urged with deep re-
gret upon The part OF the county at
| tOruey" 4 read 1T Is offered with
no intent to give affront to the gem
| tlrmcr who compose the panel. each
! of whom ! regard as personal
! friend. But q candid canvass Of the
| results THIS far obtained demands
that for ;ho greater good-the COM
mon wel:are-the prayer of this PEE
tition should be granted by the
G. urt"
There remain on the present dock
ct three cases In which negroes are
| the defendants. and one of these in
which Handsome Handy and Jess
! Holmes are charged with the murder
of "Flve Dollar Red" will be dismiss
ed by the county attorney today In
| the other two cases, special venires
| viii be granted by the court so that
the present jury will try no more
cases In which negroes are the de-
PENDANTS
The following statement regarding
the motion Of the county attorney
was made last night by one of the
| JurJ men who did not wish his name
to le used
reference to the motion of Pro-
scouting Attorney Malloy in the su-
peror cp.rt. asking Judge Brecken-
ridge 10 discharge the jury because
they acquitted in the first two cases,
we mercy wish to remark that the
motion tx unusual and all those even
Wh) know the county attorney recog-
| nize his action as due To his jealous
ness In desiring convictions and con-
sequcnt dlsa ppolntment when he was
not successful. It happens that these
! first two people were negroes The
| first case, Of Albert Wright the 10
year-uld oel boy IS one witch no
] 'pll1Al'ilAlb ~ july AVulh HD SNNn
| ilimsy testimony convict. In the Sa-
| die Johnson case. after carefully
! Weighing the TESTIMONY tho best
| judgment 4 the twelve men was
tina: under the law. evidence and In
structiOns form the court she was in
nocent.
The fast Is that jury Is serv-
ing as a matter of duty, against their
Will and with no motive other than
to do their duty as they are sworn 10
do Tor the good Of the community and
the preservation Cf law and order.
The present jury is pronounced by
court atteulants as the equal In in
telligence TO any that has ever serv-
ed In our courts. They are In a po-
sition which they would avoid were
It possible. Judge Breckenridge as
expected. denied the motion"
fSigned)
ONE OF THE JURY"
Several attorneys who represent
other clients yet to be tried. who
were IN the court room when the mo-
ton was read IN the presence Of the
jury. protested. contendtng that II
would prejudice the jurymen against
their cielnis one attorney stated
that as a result he would ASK FOR
cOntinuance OF his case.
Part of The motion of the county
attorney f,lows.
The county through its prosecut-
ing officer, has expended q great deal
of time. money and energy In the
Preparation and prosecution OF these
cases. sal Mr. MallOy's motion.
"Ncrdicts returned by juries on this
panel disclose "a want of that care
and consld ration upon the part OF
Jurors whl.h these cases. because of
"a 4.
Justification of the killing OF Walter
Agnrw IN the Sadie Johnson case.
this Jury has upon the word alone
OF the defendant. and against the tcs-
tlmouy OF every disinterpsted witness
in the case. created a situation which
renders it wholly dangerous 20 pro-
coed with The trial of like cases
which are ON the docket with this
lur, pdn,L
another case. that Of Jesse Holmes
and Han ls1m- Handy Is one where
the deceased and the defendants are
negroes 1nd the place ~ killing was
the Joint uf Sadie Johnson. the de
fcndant lcuuitted Wednesday In this
case the s,3te must rely entirely upon
the testimony Of witnesses identical
In race lnu character and In some
instances persons used ia the pohn-
son case
desirc 10 show the court that two
more Ut tht cases set 90 come to trial
az this teen are murder cases. ard
that an acluittal I'm either one Of
them WoIli. IN thu opinion of your
pe.itiouer work great irjurey 90 the
safat, ani security of the citizens of
TULSA county one of these defen-
aau's. Dtittn Fields IS a negro ac-
Gus i of KILLING a white man and in
this case. the state must RELY on the
testimony 4 negroes in the Johnson
case
The jury In the johnson ease ius-
tited alotc of the defendant. which
was rontrtdic'ed and impeached by
cN-rv ether witness. mos TOT whom
-aw th. tragedy and of whum tcsu-
n.1 to tn fact that the deceased was
s1o. down hy Sliie Johnson when his
urk was trrted so her and as he
neeinr from her place "f bussntss
eve ru1teil that such a rondi-
is nos only n reflect ou upon our