The Birmingham age-herald., 1915-09-17
Introduction of Testimony Against Whiteheads Will
 Open This Morning
JURY SELECTED
 WITHOUT DELAY
Days Proceedings Consist of Argu- ments on Demurrers to Indictments. Present Case Will Probably Go
 to the Jury This Afternoon

After skirmishing the entire day Forney Johnston managed to have one of the indictments in the noted White of the indictments to the White of the indictments were sustained by United States Judge William l Grubb The cases of the United States vs. Lee A. Whitehead. F. E. Whitehead, Tom l.. Woodruff, Ira Dunsmore and w. E. Haskins. indicted for purloining gov ernment records, was started but post poned yesterday afternoon to o'clock this morning owing to the absence of the governments witness, Benjamin Carter of Washington.
 Attorneys Forney Johnston, E. N Hamill and Benjamin Leader for the defense objected strongly to the post ponement and Judge Grubb was in clined to favor their contentious ow- ing to the hardship 1t worked on the jury, but finally ruled in favor of the government as Special Prosecutor Charles Kennamer stated that owing to a miscaloulation in time MT. Carter had been prevented from appearing As the government hopes to prove the receipt of an alleged stolen letter through Carter. Prosecutor Kennamer was insistent in his contention for a postponement of the trial and finally was rewarded in his efforts by the announcement from Judge Grubb that the Whitehead trial was postponed un- til this morning at o'clock.
 Demurrer Is Overruled
 Following the postponing of the trial nn hn ind Iiatt,, ,t,c government records Forney Johnston filed demurrer to quash the indict- ment charging c. E. Taylor with per jury. After lengthy argument this was overruled.
 conference between Forney John- ston and Prosecutor Charles Kenna- mer resulted in the consolidating of two indictments. both covering the same ground, with the exception that one charged Lee Whitehead with ob- structing justice. while the other charged Lee Whitehead, F. E. White head, L. F. Harris and the Standard Home company with obstructing jus tice. Judge Grubb sustained the de- murrer to the separate indictment against Lee Whitehead. On the indict- ment of Lee Whitehead. F. E. White head, L. F.. Harris and the. Standard Home company, Judge Grubb sustained the demurrer of Attorney Johnston on four counts and overruled on two counts which will allow this case to go to trial. That ended the proceed ings for the day
 In the morning session all the de- murrers of Forney Johnston to dis miss the indictments against the White heads were overruled and finally the case was started and the jury select ed. The selection of the Jury was com pleted in short time as the defense only used IA challenges which result ed In the following 12 men being se- lected:
 w. w. Brown of Oneonta, George Shaw of Chelsea, F. J. Lange of Ems ley, H. N. Brannon of Birmingham, J. w. Kirchbaum of Birmingham, D. F. Robertson of Wilsonville, J. N How ard of Sterrett, A. P. Dewberry of Bir- mingham. Frank Tyler of Pinson, c. A Heidman of Lewisburg, C. s. Bissell of Birmingham. Oliver Head of Will ton.
 Goes to Jury Today
 Indications at present are that all the Whitehead cases will be disposed of by tomorrow afternoon. It is cer- tain that unless there is unusual de- lay that the cases now on trial will go to the jury this afternoon as Spe- cial Prosecutor Charles Kennamer is disposed to rush things and clear the docket of the cases.
 Forney Johnston, for the defense, is contesting every point and spirited brushes between opposing counsel are expected. Assisting Mir Kennamer in the prosecution are Martin J. Lins, spe- cial agent of the department of jus tice, and O. D. Street. former United States district attorney for this dis trict.
 That the Whitehead cases are at tracing unusual attention was shown by the fact that the courtroom was comfortably filled throughout the days proceedings. All Of the derend- ants in the indictments were in court.