The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-10-30
SECOND CASE. MAS !.
TRIED YESTERDAY
TOOK THE JURY TWO NfEN-
UTES TO DECIDE CASE
ERDICT OF. JURY
Considerable Time Was Consum-
cd When Court Convened In
Securing Jury.
ERDICT OF: JURY

! 1t required the Jury in the trial Of
the second case against j. Il. Der
rick, tried yesterday. for selling intox-
icating liquor to NJ. c. Baxter on the
Gath of October, but two minutes to
return a verdict Of guilty. Consider
able time was consumed yesterday
morning when court convened at 9:3Ur
o'clock In securing jury. It was
remarked that the Jury was ON trial
as counsel for the defense was very
particular. Finally they came to Mr.
r. "A. May6eld, the last juror TO be
examined, and after wrangle for
some time between the attorneys, and
| Mr.. Mayfieid to ascertain whether or
not he had formed or expressed an
opinion as to the guilt of Tho defend
| ant" the matter was settled by Mr.
| Mayheld's request that he be excused
as he did not wish tc embarrass coun-
sci or the defendant by sitting after
what had been 5nid. Counsel then
agreed on Mr.. w. e. Cason, and a re-
cess was taken till Mr.. !Cason could
be secured. The trial then proceeded
being completed before the recess for
dinner, except the arguments by coun-
sci.
AS in the case of the day previous,
there was large crowd present, end
much interest was shown in the pro-
ceedings. Derrick was represented by
MIR. a. H. Dagnali, and the city by
Nh. g. Cullen Sullivan.
MFR. Dagnall detnurred to the juris.
diction CT the court as he did In the
trial Of the case against Derrick yes,
terday, contending that w. H. Frier-
son had been removed from Office il.
legally by indirection having been
elected for a term OF four years un.
dor the act or the general. assembly
and that the city council was not eni-
powered to abolish the office and
then recrcate It. Overruled by re-
cGrder. Mr.. Dagnal! then demurred
to the warrant on the ground that N
had been sworn to before the msyor
I'J. H. Godfrey, whom he claimed had
| absolutely no authority 10 issue war
rants; that it was the duty of the re-
corder. Recorder admitted amend
ment to the warrant by allowing the
same tn he sworn IN nv fha rarnran-
4 Mr. DagnaIl then. demurred 10 the,
selection of the Jury claiming that all
Jurors should have been put on their
voir dire. Oye:ruled by recorder.
Mr. nasaell called for 8 new ;..ry
contonding that 1t was in effect new
charge and that he wass entitled &c
new jury and that the jury at hand
was not qualified to hear this case
since the court had held that IL was
| amcndatory. He was oyerruled and
| tho, case went to trial.
Thc jury was composed OF J. G..
Holder, j. w. Erskine, E. w. Masters,
w. Q. Babb. F.. b. Gaines and w. e..
Cason. ,.'
Mr.. Dagnall then dictated an afii-
daylt claiming that when ha arnent-
| nd the Juror by the name OF II. A.
MayEeId. bo thought he was accept
nE y. 10. Mayheld, claiming that he
| World not have passed him IL he had
:noYn that 1T was Y. A. in,yfield. Re
: corder held that Il. A Mayfield was
competent Juror having been legally
selected. Mr.. Dagnall excepted to the
ruling.
Mr.. Dagnall then moved that the
Jury be sworn upon their voir dire,
which was granted so far as, the
jursr, r. A. Mayfeld, was concerned,
since he later withdrew his requeat
for voir dire as to the other jury
men. ~
The Testimony.
N. C. Baxter. first witness, stated
that he was in the employ Of the city
as detective TO ferret out liquor cases;
that he arrived In the city ON goth of
October and went to work on the 2ist:
assisting Mr.. virgins, also employed
by the city; that no was introduced
to j. e. Derrick by lEr. Virgins on
tho morning of 2Ist of October, In
1.-THE iatter's pIace OF business on west
Whitner street below the. Hotel Chi
dula. upstairs. e