Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1915-03-27

knowledge of female under 16
years of age, was begun in Circuit
ICourt Wednesday and six jurors
were accepted by both sides. Judge
Hanbery then drew a new panel to
be summoned by Thursday morn
ing and after motion hour the case
was again called, when Common
wealth's Attorney Smith sprang a
sensation. The jurors had been sent
from the room and Mr.. Smith pro-
lceeded to read an affidavit signed by
Miss Alberta Mitchell, the chief wit,
ness for the Commonwealth. She
stated that as she wa coming home
from Tennessee Friday night she
was met at Guthrie by Charlie NJ
Niece, a friend of Capt. Clark's,
and that after getting into Christ an
county he tried to persuade her to
not appear against Capt. Clark at
the trial and that he also tried to
get her to leave the train at Casky
where, she alleges he said that Capt.
clark would meet hen with an auto
mobile and would talk with her.
Mr. Smith then moved that both
men be arrested then and there for
trying to tamper with witness and
tried for contempt of court. Judge
Hanbery said the matter was ofsuch
grave importance that he would not
fix the penalty himself, which was
, limited to small fine and a short
|, sentence in jail. He ordered that
a jury be empaneled to try this mat
first. The attorneys for the defense.
Messrs. Bush and Gland, asked. time
to prepare a counter affidavit, which
after delay of an hour was filed.
/ Mr.. MCGEE made affidavit denying
| that he had been guilty of any at.
tempt to influence Miss Mitchell.
He admitted being at Guthrie last
Friday night and of returning home
on the accommodation. But he says
when he entered the train he did not
know Miss Mitchell was aboard I'M
til she called him to come and sit
with her. During the conversation
on the way he declares she brought
up the matter of the Clark case and
told him that she didn't intend to
appear at the courthouse and that
her father had forced her to swear
out the warrant against Capt. Clark.
He denied positively that he knew of
any arrangement for Capt. Clark to
be at Casky in an automobile or that
he sought to induce Miss Mitchell to
get off there and meet Capt. Clark.
In fact he denied in toto the charge
laid against him.
By this time it was nearly noon
and the case went over on further
grant of time until one o'clock.
Capt. clark gave new bond of
$500 with S. +. Yancey surety and
Mr.. McGee's uncle, Assessor w. j
Niece, went on his bond for a like
amount.
When court reconvened the at
torneys filed demurrer to the juris-
diction of the contempt charge, also
entered plea OF not guilty. Judge |
Hanbery overruled the demurrer. !
but continued the case until next
Monday and served notice that the |
cases Ould be tried jointly on that
date. The penalty in this case is any
fine and any Jail sentence in the dis
erection of the jury.
The work of empaneling the Jury !
in the main case was then resumed |
and four jurors were accepted by
both sides and one additional Juror
by the Commonwealth when the |
panel was again exhausted. Anoth-
er venire was drawn and the court
adjourned till 8 a. m yesterday.
The eleven men on the panel were
kept in the custody Of the sheriff.
The new venire appeared yesterday
and the jury was completed as fol.
lows:
w. l.. Hancock. j K. Torian, J. E.
Mabry, l.. w. Means, Edgar Harmed.
T. II. Shepherd, Frank Smithson,. X.
ID. Gray. N. o. Kimering. w. b.
Cloud. Lon Teasley, Edgar Miller.
Capt. Edward(W. Clark, the de-
PENDANT in the case Is a young man