The Washington times., 1917-05-02

would have to be summoned from
other counties.
As it was, only twenty men were
, summoned. One of the first sixteen
was excused m account of illness,
and one was excused on the ground
of conscientious scruples against cap
ital punishment; the rest were ac-
moned. The first was accepted, the
second refused on the grounds of
prejudice against capital punishment,
the third was accepted, the fourth
was dismissed. Then, with the per-
emptory challenge, as provided by
Virginia law, of four OF the venire-
men. the jury OF twelve was complete
after less than two hours work.
As soon as the jury was selected and
charged regarding its duties. court was
adjourned for nearly two hours. 1t re-
convened at 3 O'Clock.
Judge Moffett Immediately announced
that, on account Of the nature Of the
case. all persons less than twenty-one
years old would be excluded from the
court room.
Commonwealth's Attorney Roop then
began the opening statement for the
prosecution. starting by quoting from
the statement made by counsel for
Vawter before the bail commissioner.
Long Legal wrangIe.
A lengthy legal wrangle ensued here.
counsel for the defense arguing against
the admissability of the statement. The
jury was sent out while Messrs. Lee and
Colhoun. for the State and the defense.
respectively, made impassioned
speeches. Judge Moffett finally over
ruled the defense's objection. counsel
for the defense excepting.
Mr.. Roop then continued to outline
the statement to the jury. adding also
that Vawter had told DIR. Elliott, who
was called in to attend Heth, that he
had shot Heth. that he would do it
again. and that Heth had run up
against a red-blooded man once too
often" But, he said, Vawter had said
nothing of having been choked by
Heth.
The State would accept the fact
that Vawter had fired the shots
which killed Heth.
But. he said. the State would not
accept the allegation that Vawter had
Heth to cease his intimacies with
his wife: it would prove by evidence
that Heth had always been a well
come visitor at the Vawter home.
He told how Heth had lived but a
few miles away from the Vawters,
managing the farm which he and his
brother owned Jointly. He told OF
the acquaintance betw en- the two
men for at least fifteen years, which
had ripened into the closest intimacy
in the past three or four years.
He rested. after outlining the evil
dence necessary for the various pos
sible verdicts.
Roop, a tall. portly man. rather
bald headed, and looking more like
a prosperous business man than
public prosecutor. had made his ad-
dress in the calm. passionless tones
of a man outlining a commercial
proposition. The next actor in the
legal drama therefore brought out a
marked contrast.
Tall and gaunt. with deep-set burn
ing eyes. William H. Colhoun. in the
opening statement for the defense.
was the very antithesis OF Roop. He
is possessed of a remarkable quality
of oratory, and he exerted every bit
of II.
After going over practically the
same statements as those contained
in the one he had made before the
bail commissioner. he opened up his
heavy artillery.
whisky His Aid.
"The State has said fIeth was a
welcome visitor at the Vawter home"
he thundered. That II so. Charlie
Vawter thought the world of Stock