The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-10-04

selected, and his peremptory challenges
used up. the remainder Of the jurors
who look seats stated on examination
that they had opinions, and that he
was overruled despite his objection to
their being seated. As further ground
that he objected to tho last two jurors
selected DuBose and Scott, both of
whom he had contested bitterly, on
the ground that they could not BIZ fair,
because of the circumstances surround
ing the manner in which their opin-
, dseus Me t,e case any he addsd tbat
these Jurors were not In the proper
mental attitude to give this defendant
fair trial because OF their opinions.
Mr.. Davis challenges were oYerruled
by the judge,
II was during this. argument that
Allen McNamara's mother wept.
After the jurors had been sworn,
Judge Richards made a plain state
nent to the ladies' that were in the
courtroom.
II have seen q number Of ladies in
the courtroom during the process Of
selecting this jury" Judge Richards
said. 81 wish to warn them that this
will be the sort of trial in which
spade will be called spade, and a
club a club. / will not rule them out,
when the taking of testimony starts on
Monday. and they may come here II
they wish, now that they know the
nature Of t the testimony But y, warn
The crowd in the courtroom at the
time the jury box was filled Saturday
morning was greater than 1t has been
for several days. There has been moth
ing Of a salacious nature in the ex-'
animation Of veniremen. but the re-
ports. that the jury. probably would be
completed on Saturday led In the Curl
Gus.
Twelve Jurors were in the Jury box
by 2:30 o'clock Friday afternoon, when
q 10-minute recess was granted before
the jury was sworn. Mr.. Bates exploded
bombshell when he asked per-
mission further to question one Of
S7s Pennsylvania street, who had been
the eighth juror accepted.
Appleton took his seat in the witness
chair. The defendant, sensing some
| thing unusual, strained forward in his
chair, intently watching first Appleton
then Mr.. Bates. Mr.. Davis was on the
| qul vive. Being well versed in criminal
practice, Mr.. Davis also evidently sensed
something unusual in the atmosphere.
"Mr. Appleton" began Mr.. Bates,
isn't 1t fact that you were indicted
on Sept. 16, 1915, charged with viola
ton Of the liquor laws? And that
Capt John Couch was the prosecutor
in the case?"
Eyes, SIR" replied Appleton. who did
not appear ratified in the least.
| and on Dec. s, 1916, weren't you
again indicted, this time with Ed Craw-
| Yes, SIR again replied Appleton.
And didn't you tell Gen. McLain on
your examination here that you never
Q criminal case?" Mr.. Bates pursued.
| THAT was because the case never
was tried" Appleton said He ex-
planned further that both cases had
been nol-prossed on the payment
Of costs. He couldn't recall that a
on Sept. %, 1916, had been ignored by
the grand jury. He explained that he
had no cases now pending in the crini-
nal courts.
Judge Richards. who had been an in
terested listener to the discussion, took
hand and closely questioned Appleton
regarding the indictments, which. OF
course, classed Appleton as a defend
ant
But on AppIeton's further statement
that he thought 1t was necessary for
him actually to have gone on trial, he
was simply dismissed from service as
juror by the judge,
On the dismissal of the juror Mr.
Davis broke into vehement protests
and objections. He demanded that
Judge Richards vacate the entire jury
box, on the ground that they had asso-
ciated for two days with Appleton.
Judge Richards asked the Jurors
whether or not Appleton had talked
with them, individually or collectively
about the Mcnamara case. Each mar
| answered in the negative. Then the
Judge overruled Davis motion that the
jury box be vacated.
| Davis then asked that each and
every one Of the yeniremen be ten
dered to him again for determination
as Appleton had been rendered to the
state. Again he was overruled by the
court.
| Davis grew wrathy.
II make the direct accusation that
this matter was known TO the office
of the attorney general this morning
and yesterday afternoon" he shouted
I'VE don't give a darn about his
direct accusation" shot back MIR. Bates
Mr.. Davis grew angrier He appealed
to the judge. Then he said: ~ tried
to disqualify this man Wednesday, and
your honor ruled against me- l make
the direct accusation that the attorney
generals office knew about this mat
ter this morning"
81 don't know how long IL takes Il
go into the criminal court records and
dig out such facts, Mr., Davis" Judge
Richards said. "Mr. Sheriff. call an
other venirenian" And that ended
the matter, after Mr. Davis had stated
his objections and exceptions to Thu
rulings of the court