The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1914-06-09
CHARGE JUDGE ARNOLD is
NOT QUALIFIED TO TRY CASE
Attorneys For Defendant Also Claim
Grand Jury Was Improperly Called
Together-Both Motions Overruled
BY Court-Staiger Faces Miller's
Widow, Heavily Yelled, in Court
y Room-State Is Ready For Trial.


with the murder of A. P. Miller, has
been set for next Tuesday. The de-
Tense made two attempts to defer the
trial The first was an attack on Judge
J. NJ. Arnold's right to try the case
and the second was a motion to
quash the indictment brought by the
specially summoned grand jury. Both
were overruled by Judge Arnold.
If the case begins on Tuesday it
is expected to be completed within
two days unless unforeseen develop
ments arise.
1t has been suggested that If the
case is not ready to be tried at the
present term of court, Staiger will
ask for bail on a plea of self defense.
Staiger told friend today that the
Jail was much cooler than the outside
and that he was quite comfortable.
First Case Called.
The Staiger case was the first mat
ter before the court this morning. 1t
was given right of way on the docket
Nlast week when Staiger was arranged
to answer to the indictment and was
called this morning to hear whatever
pleas the defense wished to make.
r. S. Hall, district attorney stated
on the opening of court that the state
was ready for the case to be called.
In the court room facing each other
and separated by a distance of the
width of half the room was the accus-
ed, Joseph Staiger, and the widow, and
the mother of A. P. Miller. Staiger
was well groomed as usual He wore
a soft collar and appeared quite COOL
mentally and physically.
Mrs. Miller Heavily Yelled.
The two Mrs Millers were the only
women in the court room. Both were
heavily yelled and were garbed in deer
mourning. The widow was weeping
George Calhoun, brother-in-law OF A
p Miller, and Albert Ratlif, brother
If Mrs. Miller, sat with them.
TIE defense at the morning session
.,f the court had not summoned any O
H. witnesses except those relating u
he pleas entered as to the 'urlsaic,,ol
~ tbe court and to quash the indict
ment
Attacks Arnold's Jurisdiction.
r,dao NJ Arnold's right to tr
tbo case was attacked in the plea Ell
torod Inv Stone Deavours and 5.
rrovis attorneys for the defendan'
The circuit court of Forrest county
without a Judge, the plea states an
therefore is not prepared to Try III
Tho governors right to appolr
v ir5go under the new elective 1udic
,t,ry system inaugurated by the recel ~,
,.1ts,,ture was also attacked In
nIoa was demurred to by district "''0
ney. .ho indie
], ant was entered by the attorneys II
ho dorondant on the ground that the'
woI no legal grand jury to return
..ua hill The regularly constitute
Grand jury was discharged and W W.
neued again without authority Oh ID
n vas urged. and because the jury w
onod for the specific purpose
returning an indictment asalhs. .os s0I1' ,h
Staiger' 1t was further stated tn
the S'sju jury was not regular in that that 4 4
.ns ,,,,nai no, number impannelled were Il
, ~ orasent when they reassemoled'
= J. Nixon was the frs' W. WV y,
= .ur,uoned by the defense, ilo !"
nIaced on the stand for the pup ro
o,'ss pt showing that J. P. Griffin tsaa a gra
juror VAS tot present vnsn -,
i,lofe V..Is.