The Hartford republican. (Hartford, Ky.) 18??-1926, 1914-11-20

cedure. As an officer OF this court.
/ can see no possible good to come
from any of this. have no interest
in the man on EARTH and knew moth
ing of his being investigated. or OF
being indicted, and am filing a
statement simply saying there is no
evidence in my possession sufficient
to convict. Now. cannot imagine
why that should not be the end of
1t. Ii the court thinks Mr.. Wilson
is in cotempt of court, | think the
court ought to say so and take the
/ proper course.
Court understand Wilson to
say he intended no contempt to the
court.
Wilsor--Absolutely none to the
court. want it understood. Your
Honor. that no apologies to the
grand jury.
Wilson'S Anidavit.
The affidavit that Wilson filed,
asking Judge Birkhead to vacate the
bench, follows:
The aifiant says that he is one of
the defendants in the above styled
action pending in the Daviess circuit
court and he does not believe that
Hon. T. +. Birkhead. judge of the
No of~
give this defendant, or the other de-
PENDANTS herein, a fair and impair
tial trial of the issues herein. The
atlantis belief is based upon the fol-
lowing grounds, towit:
That on May 25, 1914. which was
the first day on the May term, 1914,
of this court. Hon. Ben ID. Ringo was
requested by the court to deliver the
courts charge to the grand jury of
said county. and that notwithstand-
ing the many violations of law in
said county since a grand jury had
been empaneled, the whole of said
charge was directed at the good
name of tobacco organization then
existing in said county and an at
tempt TO give it bad name. the said
charge being in words as in exhibits
one and two, and was given for the
wrongful purpose of exciting herein
and to thus bring said organization
into disrepute in said county. He
says that he believes that said
charge was made by Ringo after con-
sultation with the Honorable T. F.
Birkhead. judge aforesaid. and he
says that after said charge had been
delivered to the jrand jury the said
judge gave said grand jury an addi-
tional charge in support of the one
made by said Ringo. and urged said
grand jury to action, and in tears
and in his most serious manner
urged the grand jury to be brave
enough 10 discharge their duty
meaning to say to them that the!
should do as Mr.. Riugo had init
mated to them that they should do.
Selection of Jury.
He says that the said T. F. Birk-
head before empaneling said grand
jury at said term of court took the
list OF both the petit and grand
jurors for said term of court and
that he and the said Ben d. Ringo
canvassed same and selected from
The whole OF said list, consisting OF
thirty-siX names, the names oil
twelve who should be selected as
grand jurors for said term of court
all OF which was wrOngfully done
and which was done with the object
and purpose of procuring an indict-
ment against this defendant herein,
as he believes, although he had not
committed any of the violations of
the law mentioned by said Ringo in
his said address.
He says that the grand jury as
first composed was made up of the
following named persons, towit: r..
II. Glover, j. B. Burton, George Fl.
Cox, ]. II, Shiveley, S. B. Lee, Dee
Lancaster, w. r. Skillman, S. E.
Stone. Ben F. Pruden. j. II. Allen
and NJ. c. Basket. with e. A. Todd.
as foreman. He says that notwith-
standing the eXcitable address of
said Ringo, said grand jury failed to
indict this affiant. or his cOdefend-
ants. during the first week of it's SEES
sion, and that then the court ex-
cused from service on said grand
jury S. Z. Stone and c. A. Todd. and
OF its own motion took X. Y. Berk-
shire and w. L. Lashbrook, who
were known to be biased and preju-
diced against said tobacco growers
association and this defendant. who
were serving on the petit jury in
said court and empaneled them on