Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-12-07
DEFENSE To CALL
GOVERNOR RUSSELL
AS FIRST WITNESS
Trial of Mississippi Execu-
tive on Charges of W0m-
an Moves Through Initial
Stages Quickly

OXFORD, Miss, Dec. 6.-(By the
Associated Press. )-Trial of the suit
for damages filed by Miss Frances
G. Birkhead, stenographer, against
Lee M. Russell. governor of Missis-
sippi, launched on its merits in fed
eral district court here today, NOV
ed quickly thorugh its initial stages
and when court recessed at IL o'clock
until afternoon, a jury was in the
box and the opening, statements had
been made by both sides.
Recess was ordered after counsel
for Miss Birkhead announced Gov
ernor Russell would be called to
testify first-as an adverse wit
ness"
Mr.. Russell, who was in the court
room, asked time to obtain copies
of his files and other documents and
Judge E. r. Holmes ordered a re-
cess until afternoon.
The selection of a jury was expe-
rdited by agreement of counsel
that questioning of the veniremen
would be by the court, and after
withdrawal of talesmen excused
for cause, the panel would be re-
duced to twelve men by process of
elimination with each side allowed
the privilege of excusing the same
number Of men. Under this plan
each ordered the withdrawal of ten
men before the jury was reduced to
the required number.
Governor in Court
Governor Russell was in the court
room throughout the morning ses'
sion. Miss Birkhead came into the
courtroom while the opening state
ments were being made and was
seated across the counsel table al
most directly opposite from the gov
ernor. She remained only a short
time, retiring when It was an
nounced that the witnesses would be
placed under a rule requiring their
removal from hearing Of the pro-
ceedings.
Miss Birkhead is expected TO be
called as one of the early witnesses.
Beyond a glance across the coun'
sci table as the young woman en-
tered, her appearance in the court
room for the first time since the
trial started was without incident
Examined En- Bloc
The method of selecting the jury
was a novel one. Ali thirty-six Fe'
niremen were present in court. Each
was called in position to arise nc
give his name in turn. This request
was made by Judge Holmes, VINO an
nounced he would examine the tails
men en- bloc.
Gentlemen. does any member on
the Jury know anything about the
facts of the case? 1 preur1e you've
all read the papers. But I ask II
nv Of YOU are biased or prajudiced
in any Tay?'
IF your honor. please, I'm very
well acquainted with the governor
and I'd rather not try the case" an
nounced Rice Park.
Not one member Of the Jury pan
e1ed knew Miss Birkhead, while
eight arose to say they were &C,
quainted with the governor.
Il ask if there is any man Who
by reason Of any political bias Or
prejudice. would be prevented from
giving the case a fair trial?" was
another question Judges Holmes
asked
The jury was composed largely
of men of middle age or older.
Governor Russell was in the court
room during the selection Of the
jury. Miss Birkhead came to the
courtroom during the reading of the
pleadings. and preliminary state
ments to the jury.
1t was her first appearance in
the court room since the trial start
ed. She was seated almost directly
across the counsel table from Gov
ernor Russell.
After the presentation of the open
ing statements to the jury, court re-
cessed until two o'clock.
II brought nc affirmative answers
In oyerruling the demurrer JUDGE
Holmes held with the defense OIL one
poi~. that a promise OF marriage
sue as is alleged by Miss Birkhead
to have been made to her by Gov
ernor Russell would be void as an al
legation as against publ policy,
and such, the court ruled, "may be
treated as surplusage."
The Mississippi chief executive de-
MES all OF the allegations made by
the plaintiff. An affidavit is SEIZED
uled to be presented today charging
that Miss Birkhead "entered into a
collision and scheme to encompass
his downfall"