The Dickson County herald. (Dickson, Tenn.) 1907-1979, 1914-07-03
IuooE CONTINUES CASE BECAUSE
or FAILURE TO oBTang
A JURY.
ESTES coASATs DECISION
Claims That II Would BE Easier 10 Get
T~eiye ksn to Try the Cave.
Cooler Weather May
Help.

Memphis. Holding tina. efforts 80
far honestly made 10 obtain jury to
try c. Hunter Raine charged with
larceny and fraudulent breach OF trust
In his capacity Of president OF the
Mercantile bank. had shown sitter fail.
ure, Judge j. W. Palmer. In Division
OF the criminal court, suddenly
brought the present proceedings to
an end by continuing the cases against
the defendant until the fall term.
The ruling OF Judge Palmer came
after AN unsuccessful effort to qualify
a single man out OF 'Senty-one venire-
men examined, Assistant Attorney
General Harrison moved the court at
this iuncture TO resort 10 the emer.
gency clause and order the sheriff 10
bring In 500 men.
Speaking for the defense. Judge
Prescott declared the result so far
showed the imposslbility OF obtaining
a jury at this time, and renewed his
motion for the case to 80 over TO the
fail term, when sentiment would have
died down. and the weather would he
more conducive TO obtaining jury.
Attorney General Estes combated
the position OF Judge Prescott, declar-
ing i5 still easy TO get twelve men TO
try the case, especially from the coun.
try.
Judge Palmer took issue with the
attorney general, asserting that twelve
men taken from active country life
and locked up for weeks In hot rooms
would sicken and some possibly die.
He said his own opinion after talk
Ing 10 many citizens, was that II would
be Impossible to get a jury now be-
cause Of the wide publicity given the
Raine cases by the newspapers. He
therefore continued all cases until fall,
with the belief that cooler weather
and longer period from the date OF
the bank troubles would result at that
time in the selection OF jury.
f. b. Hancock, travelling sales.
man. was accepted by the state, bu,
later excused by Judge Palmer BIO
cause of answers made to questions
by Judge Prescott for the defense.
Judge Palmer, In ruling upon a
question propounded by Attorney
eral Estes TO Hancock, took the posi-.
ton that almost any question would
be permitted for the purpose Of asccr'
tanning the state OF mind Of venire,
men. and 10 wake II impossible for
them TO enter tho jury box with q
prejudice against state or defendant.
He said that IL Was so easy for a juror
to enter the box with a predisposition
for or against the defendant. and Their
TO have every development OF the case
appeal to him as a strengthening Of
that predisposition.
The Raine case. said Judge Palmer,
had been widely advertised. and the
difficulty of obtaining jury TO try the
defendant was more than usually diff
cult. The power OF the press. he de-
clared, was the most wonderful molder
OF public opinion III the world. and
nowhere was IL stronger than IN Mem
phis. For that reason II will be eS.
ceedingly difficult to secure jury OF
intelligent. impartial men The defend
ant must be fully protected, continued
Judge Palmer, and 1t would be- nor
rible to this court TO think that any
error OF It's had sent poor creature
10 Imprisonment. have more an'bi
ton TO see that the stare and defend
sn, In this eour; get a fair trial than
not 10 be reversed,