Newspaper Page Text
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0
—ANY KIND
-GIVE
HE JOURNAL JOB OFFICE
•JOHN H. HODGES, Proprietor,
VOL. XIX.
TRT AT i intelligence of Houston jurors;
*! holding up under scathing rebuke
! the implied superiority of Mr.
ijiit Tweltie OonipSent Jurors
Are Secured.
Thu R3i>at Morning
A; 8:8S coart convened, the case
bf Thomas G. Woolfolk, charged
■with girder} being practically
'where ' it was last Monday morn
ing. This is the beginning of the
6th trial—already one trial to con
viction, aud three mistrials with
out reaching testimony.
The whole crowd apparently
getting lazy aud trying to kill
Lime. ,
Col. Itutherford had in hand a
whole bundle of ‘‘delay,” and
Woolfolk wearing ripoii his face
the usual frown.
The new panel of jurors were
called, and 25 out of 36 answered.
Jurors were sworu.
The state announced ready.
Col. Rutherford was ready, as
usual, with objections and motions
through which lip ably contends
for delay. He.first suggested the
disqualification of Judge Gustin,
he then bhjected to the arrayed
panel of jurors, as being irnprop
erly brawn. He followed this
with a motion to change the venue
and a motion for continuance. All
overruled by the court. Delay
Was then asked for in order that
one Farris, a most important wit
ness for the defense, might be se
cured by compulsory process.
Solicitor Felton announced that
Farris was a fugitive from justice,
for whom a reward is offered; sup
posed to be in Cincinnati, and
wanted by defense to impeach
Bone Davis, a state witness-..
During delay in making lists df
panel, counsel for defense earnest
ly consulted autlioiities, (Solicitor
Felton perused a newspaper, and
others for prosecution engaged in
conversation.
It Is very evident that Attorney
Rutherford lias accomplished one
purpose. Many more jtlrtirs have
disqualified than was anticipated,
in accordance \vith his point on
restricted examination; Many
think the mistrial. a deeided ad
vantage to the state, as the dis
charged jury w r as regarded as
good for the defense;
•ns.. 1 (»■ <0 *
not
Pauel of 48 jurors called.
Ladies entered.
Woolfolk ordered to stand up,
Was asked to make known any
challenge, to array, • which chal
lenge was made by Mr. Ruther
ford as illegal and improperly put
hpou him, as the jurors are not
the re-g ilar panel of’24 regularly
drawn jurors.; with 24-tales jurors
drawn for this trial. The chal
lenge was lengthy, and was evi
dently prepared previous to open
ing of court this morning. ' The
challenge Was overruled. • The
court giving legal authority for
his judgment, at the request*of
Mr Rutherford.,
Wollfolk Was informed that he
should be heard on any challenge
he might make to individual
jurors.
- First panel called.
E. A. Clark, off for cause;
impartial. •
W. C. Lewis, Competent
Mr. Rutherford requested court
to ask the juror his understanding
of meaning of the words bias and
prejudice. Judge Gustin said he
was satisfied juror understood.
Then court was asked to instruct
the juror, and other jurors as to
the legal definition of these words,
,as he (Rutherforid) believed that
99 out of 100‘ jurors didn’t know
the legal meaning. Mr. Ruther
ford then gave his > definition of bi
as or prejudice, elaborated and
coupled with his earnest reason
for making the request This all
Was practically identical With po
sition assumed cm same question
last Monday. Mr. Nottingham:
Skoke in contradiction to Mr.-
Rutherford concerning the need of
instruction- to jurors, asserting
that they knew the meaning of bi
ns aiitl prejudice. He paid an elo-
quent and- feeling tril
courf immensely, pleased faces
hnd flashing eyes showing that
out-right applause was suppressed
only by the rigid rules of the
courts
Mr. Rutherford protested
against Mr. Nottingham’s con
struction of his remarks; disclaim
ing any intention to discredit the
intelligence of Houston jurors.
Then followed a sharp legal con
troversy between opposing coun
sel on this point, which was ended
by Judge Gustin; who stated that
a man having a fixed opinion as
to guilt or innocence or prisoner,
should disqualify.
Rutherford was not allowed to
question first j uror put up, and
made the point that a constitution
al right was denied him. Mr.
Rutherford in reply asserted that
Nottingham’s slieeck Was calcula
ted to prejudice the people against
“the unfortunate defendent,” and
disclaimed. that he had used any
words intended to reflect upon the
intelligence of Houston jurors, but
that he referred to jurors gen
erally.
Two last questions again asked
juror W. C. Lewis, who was de
clared competent.
Rutherford requested permis
sion to ask juror questions con
cerning his qualifications, being
denied, made point that said re
fusal was unconstitutional, and
this point to be consideied by
court as being made as to each
juror.
The comt may ask questions
when answers aie not satisfectoiy,
but denies the right df defense to
cross-examine each juror.
Prisoner objected to Lewis.
J. F. Aylor, cause; prejudiced'.
"VV. P. Short, cause; biased.
J. H. Sauls, cause; prejudiced.
Howard Hill, competent; pris
oner objects.
Napoleon Smith, competent;
state objects. _
J. J. Smith, biased;
tJno. M. Pitts, competent; ac
cepted; juror No, 1.
John C. Chancey, competent, ac
cepted; juior Na. 2.
Jesse A. Smith, Cause; preju
diced..
J. H. Ca'ler, cause; prejudiced.
Secoocl panel called.
G. G. White, cadse; prejudiced.
Jas. Harper, opposed to capital
punishment.
J. A. Smitfi, prejudice.-
J. A. Riiey, expressed opinion.
W. S. Tharp, expressed opinion.
H. Stafford, prejudiced.
Wm. Joiner, competent; prison
er objects.
W. F. Bennett, prejudiced.
J. C. Thompson, prejudice.
W. M. JiVanklin, opinion ex
pressed.
T. D. Gar?, prejudice.
Elbert Hartley, opposod to cap
ital pShishmenLi
Third panel called.
T. H Willingham, biased.-
G. M. T. Feagi ti. competent.
Defendant asked to set aside ju
ror to allow defense time fit get
evidence ter prove that juror bad
expressed opinion. Defense could
not give names of witnesses and
court refused to set aside juror, or
pint him on trior. Prisoner ob
jected.
H. J. Brown, competent;-prison
er objects.-
X. D._ Warren, prejudice.
J.- C. Comer,- competent}, state
objects.-
N. P. Miller, brother of A. L.
Miller of counsel for defence; off
by mutual consent.-
W. P. Frederick, competent,- stW
cepted; juror No. 8.
Wi E. Harris, cause} bias:
J- M. Heard, cause; prejudice.
R. R. Hurst, cause; prejudice.
O. G. Spence, cause/prejudice.
Lee Marshall/ competent; state
objects.
4th pririel called'/
Eugenfe" Sksser, carise;-
Littleton SpradJey/ cause; prej
udice.
H. W. See, cause';’ oppo^f to
capital punishment.
•1. T. Miller, cause; prejudice;
I. T. Woodard, cause; not im-! alternately from grand and tra- ,
partial.
A. H. Tharp, cause; prejudice, j contrary to law. Overruled.
W. T. Vaalandingham, cause;! Defense requested court to state
j verse jury boxes, the same being er panel.of 48.,
" 1 J W Hdward swotn as
prejudice..
E. M. Fagan, cause; 'prejudice
-1 to each panel what.the law means LKnows Hancock; his general char
’ ’by bias, prejudice; and perfectly in
eause; preju-
cause; prejn-
T. J. Anderson,
dice.
Martin Mims, cause; prejudice.
J. B. King, cause; prejudice.
J. H; Hampton, cause, preju
dice.
Tales jurors called; 20
swered.
205 names drawn pom box at
12 m.
Afternoon Session;
Order called at 4 o’clock. A few
miniites delay because Mr. Ruth
erford was not in court.
An afray of 42 jurors was put
upon prisoner, and Mr. Ruther-
erford challenged ih writing.
Attorney Rutherford made chal
lenge bf second arl-ay* and first
challenge made a part of this objec
tion, and that no legal array has
been put npon the prisoner. Fur
ther objection to the nineteen ju
rors as not a part of the second ar
ray, but a part bf the tales jurors
summoned ih thri previous trial. "
Objection overruled and array
put on.
R. R. Marshal 1 ; competent; pris
oner objects.
A. C. Barker, cause; prejudice;
J. D. Taylor, cause; bias.
M. I. Jones, competent; prison
er objects.
J. Wi Bushing; catish; bias.
Seaborn Thompson, competent;
accepted, No. 4.
J. T. Lisenby, cause; piejudice.
J. F. Houser, cause; prejudice.
W. E. Lester, competent; state
objects.
J. A. Coffee, cause; prejudice.
J. Q. Ellis; cause; bias;
L. B. Holleman, cause; preju
dice.
J. N. Barker, cause; prejudice.
A. G. Hardison, cause; bias.
G. W. Dowhing, competent; ac
cepted, Nos 5.
W. A. McLemore, cause; preju
dice.
C. P; Marshall;
dice.
Chas. Hardison, Cause;-bid3.
J. M. Corder, cause; opposed to
capital punishment.
J. B. Connell, cause, prejudice.
C. R; Mann, cause; bias.
W. E. Stintf, off for cause.
T. J. Gatlin, cause; bias.
C. D. Anderson, Jr., cause; op
posed to capital punishment.
Adjourned to 8:30 a. m. Friday.
Friday Morning.
Court opened at 8:27; jurors at
once called; panel of 12 sworn;"
J. A. Smith, off for cause; preju
dice. • -
D I) Batemaii, competent .De
fense asked privilege of examining
juror as to competency, he being
connected with the Home Jour
nal. Being denied, juror was
put upon the eourt as trior's. The
editor and files of Home Journal
testified as to Competency of ju-
rdf; failing to sko v anything to
disqualify the juror, court, de
dared juror competent. Prisoner
objected to Mr. Bateman.
George Paul,- eause, prejudice.
E. J. Fuller, cause; prejudices. *
J. H. Davis, cause; prejudice.
G-. W. Killen, cause; prejudice.
W. H. Norwood, cause; preju
dice.
Frank M. Houser, competent;
prisoner objects.
W. G. Riley, eause; prejudice;
S. L. Norwood, competent; pris-.
oner objects.
H. A. Lee, competent j prisoner
objects,’ after' long' conference, in
which prisoner arid male relatives
participated.
R. r . Avant, cause bias;
Pauel of six called.-
Hardy Powell, cause} Mas.
B CyHoonV cause; bias/-
S S Taylor/ corapetenfistrite' ob
jects.
Wm ; Harper, carise;'bias/
W D Day/ cause; bras. ,
j H -Hbdges; expressed opinion,
.having heard evidence under oath.
; ~ . A127 dh&V'ered;
31 Claused at EMff o’clock.- I
impartial, which request was Com
plied with lucidly.
Third panel called.
Jnb il Howard, competent—
(Woolfolk audibly said' "Strike
hirti”}—prisoner objects.
H E Talton, cause; bias.
W A Stubbs, cause; bias.
Sarii Hill, competent; prisoner
objects.
W J Short, cause; bias.
W. L. Lewis, cjiuse; prejudice.
Thomas Redding, cause; preju
dice.
W. S. Scattergood, opinion;
from hearing evidence under.oath.
C. J. Gray, cause; bias.
W. H. Shine, caues• bias.
J. J. Culler, cause; bias.
B; F. Manning, cause; bias.
4th pan§l called and sworn.
J. F. Lane, competent; accepted,
at 11:20, No. 6.
Reporters agreed that he would
be accepted before he qualified.
J. K. Barfield, competent; pris
oner objects.
S. B. Brown, Jr. cause; bias.
F. M. Parker, competent: ac
cepted at 11:37, and sworn, No. 7.
Abe Warren, cause; prejudice.
J. F. George, cause: bias.
R. L. Braswell, cause; bias.
George Thompson, competent;
state objects.
Taylor Leverett, cause; preju
dice.
B. F. Murray, competent; pris
oner objects.,
J. D. Watson, Cause; bias.
Here I. D. Watson first appear
ed, but was retired upon the error
being made known.
J: F. Barker, cause; bias;
5tli panel called and sworn.
F. W. Hardy, cause; bias.
E. W. Leap trot, cause; opinion
expressed.
L P Warren; cause; bias.
Clayton Sasser; cause; bias. -.
Jaek Stillwell, cause!; prejudice.
J T Leary, cause; bias.
J M Simmons; cause; opinion
Expressed.
J A Everhttj cause; bias.
C MLester, cause;-bias.
J S Hancock, competent; put on
triors to prove him incompetent.
J S Curtwrigkt sworn, testified,
heard juror.in court room say this
morning, "There sits a family of
Woolfolk’s, all that is needed is %
give Tom an axe.”
-. J C Morris sworn—-testified—
Knows Hancock—Heard him
make remark Saute* or similar, as
heard by Curtright, at same time
and place; CouldnT swear positive
ly what he said except “This is a
iVbole Woolfolk farriiiy,” but said
something about an axe, or break
ing neck. Mr. Hancock said, he
remakred “There sits a Wool-
folk family, and as Tom is said to
be such a dangerous man, it seems
to me they would be afraid of him,
if he held an axe.”
Controversy he'fe’ concerning ex
tent of examination of jurors al
lowed by law.
Counsel Nottingham protested
against the embarrassing attempts
to impeach Houston: county jurors.
Court ruled that cross-examination
of jurors must -be restricted to
rfiafters testified by witnesses al
ready sworn.
Defense introduced testimony.
Judge J H Houser and A S
Giles testified to exceptionally
good character of Mr. Hancock.
Mr. Hancock wi£s passed' to give'
time to get another witness.
Lewis Ciewis/ cause; bias.
Recess at 12:50 till 2 p. m.
Aetebxoon SEssip’S'.
Court convened at 2 :03..
Next twelve called.
D. M, TbofiipsoiJ, cause} bifiS;
W. HrHewis/ cause; prejc£dic&
W. M.JMrtletf; cause/bias;
L. A. Horkcat/ekbso;- bias.
JtR. Irby/ catfsef pNfcdice.
W. H/ Hotter,-’ eatfee} not itdz.
J C.Lfeev cause; bias. . '*
J W Howard, .cause; prejudice, j
aeter pretty-fair in neighborhood
Witiiess and Hancock belong to
same church, Prithitive Baptist,
About things in which he is inter
ested wouldn't believe Hancock
on his oath.
The court declared Mr. Han
cock competeuc, and was by de
fense.
Col. Rutherford challenged ar
ray of 48 jurors, put in writing
practically same as opposed to
other panels. *
H J Peavy, C R Hatcher, W J
Boon, M H Faulk, W J Anderson,
jr., Geo F 31ark, J F Scarborough,
Jno F Logan, C H Richards,- S P
Newell, Walter Clark, E W
Bridges; all off for cause, preju
dice, except Newell* who had ex
pressed opinion.
Nexi panel of twelve called.
H C Hyatt, Allen Scarborough,
J A Thomas, G W King, J C Eu
banks, Jno H SdliSson, G W
Tucker, E W Matthews, J F Eth
eridge, G M Scat-borough, L W
Reynolds, all off for cause; bias.
John T F Doles, competent; acr
cepted and sworn at 4:17—No. 8.
Next panel of twelve called and
sworn.
Henry Hardison, cause; bias.
T J Tooke.i competent: accepted
aud sworn at 4:28. No. 9.
W E Morris, opposed to capital
punishment.
James Hester, cause; bias.
Frank Sullivan, cause; bias.
W H KilleHrew; Competent; ac
cepted and sworn at 4:34. No. 10.
J C Morris, cause; bias.
J P Lester, competent; accepted
and sworn at 4:38. No. 11.
T J. Akin, cause; bias.
J N Buff, cause; bias:
R W Howard, cause; prejudice.
J H M Ciliett, cause, prejudice:
Next panel of twelve called and
sworn.
Stephen Coleman, J J Moore, C
N Rountree, jr., J H Henderson,
A E Wimberly, W M McDonald,
J M Culpepper, F C Houser, T J
Sanders, D M Vinson, W H How
ard, J R Fudge, all went off for
cause'; bias.
Panel of 26 called.
Defense challenged array; as
before, overruled.
Panel of twelve called and
sworn. , _
J M McKenzie, cause; bias.'
Green Fitzgerald, cause/ bias.
M C Greene, cause; bias.
F O Miller, cause; bias.
W A Woodard, opposed .to cap
ital punishment on circumstantial
evidence; defense' objected to
juror being set aside; off for
cause: .
•T F Lowe* competent; state ob
jects.
A. Glass, cause; biak.
M G Murray, competent; pris
oner desired to have jnror set
aside on groiind that the wife of
juror was step-daughter of J A
Howard, uncle of prosecutor in this
case; overruled, and juror struck
by defense.
B F Mathews, cause; bias.
A J Todd/ cause, bias.
J W Hodge, cause; bias. ,
W M Boon, cause; prejudice.’
Next panel of twel ve called.
M F Dorsett, cause; bias.
Henry "Uim, cause; bfefel
A P Jon§gj cause; bias.
I D Watson, cause; bias.
James RushiDg, cause; bias.
J F Morris, competent; prisoner
dbjects.
Joseph H Barker, cause; bias'
Bright Harper, competent; pris
oner objects.
T N White/ cause; prejudice.
. J T Grant, eause;'bias."
Jerry Thompson, cause; bias/
T T Watson, cause; bias.
Next panel called'—tiVo" sworn.
D B Hndson, cratfse^ bias.
AC Brown, cause; bias.
Entire panel . being exhausted,
the court dreW I45'names from the
bo's,- which exhausted box. Or/
dered Summons issued and served.
At 5 o’clock’ recess ordered* to
List
of 48 macie out ahd.. called; and
put upon prisoner. Col. Ruther
ford challenged array in writing,
same as heretofore made; over-
ruled. ti ,
First bShel of twelve called and
sworn.
His Honor plainly explained
meaning of statutory questions to
be asked each juror when put Upon
his voire dire. '
J B Hunt, cause; bias.
J M Frederick, competent; ac
cepted and SwCrn at 9:24 o’clock.
No. 12.
This completed the jury, and
was evidently a surprise to the
crowd, as an effort to.exhaust the
panel was anticipated.
A demand was made from each
side that witnesses from the other
side be put under the rule.
Fifty witnesses for state sworr,
33 white and 17 colored. By con
sent several absent witnesses are
to be sworn wheD neeHetl. Thirty-
five witnesses—26 white and nine
colorfed—sworn for the defense,
with the same understanding as
to witnessess absentby permission.
Mesdames Crane,.Cowan and Ed-
hrfis sworn as witnesses for the
defense, but by consent of state’s
counsel, allowed to remain in the
room. Mr. C. W. Howard, pros
ecutor, was allowed fo remain in
room. Messrs. W. W. Woolfolk,
and E. W. Curtwright, of Houston
county, were alfco sworn as wit
nesses for the defense:’
The remaing 85 talesmen were
discharged, and at once Col. Dun
can; of the defense, fihfde a mo
tion to adjourn until Monday. This
was denied, on the ground that no
unnecessary delay should be al
lowed.
A few minutes after id i recess
until 11 was taken, to allow time
for conference between attorneys
concerning the opening of the
case, etc.
Judge W. D. Nottingham open
ing for the state. He formally
arraigned Thomas C. Woolfolk
for the Murder of his father,
Richard F. Woolfolk, Sr:; to which
indictment the prisoner pleads hot
guiltf.
After depicting the horrors of
the tragedy, the killing of nine
persons with an ax, he briefly,
though eloquently outlined the
theory of the prosecution, declar
ing his perfect confidence that the
case of tiie state would be made
out, stating that a verdict of guilty
will be expected and asked. He
used only 39 min rites.'
Col. Rutherford then forcibly
stated the case of the defense, de
claring that not one person, but
several committed this horrible
crime,'and these persons are ne
groes. He indicated that these
persons will be shown by the ' evi
dence. He said much new evi-
Absoiutely Pyre-
dence for prisoner will bV intro
duced, which will destroy the
chain of evidence with which the
state hopes to'bind him.
He fully and*. eloquently otit-
lined his side df the case/ arguing
the unnatural character pi the
crime charged against the prison
er.. He used ofle hour arid thirty
minutes, concluding at t o’clock,
rit which time a recess was order
ed until 2:30 p. m.
An Unhappy Home.
At 10:40 o’clrick Ru.ffierfofd; J B McDo'welk- cause; biaa
ekalle'Sj^d 3rcf array 6f jurors, j W S Felder and Walker Kerifp-
upon: the’ground tba' - ~.
gally drawi',- tsdesfgri
8:30 a.-id. Saturday.'
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Court
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the ivr
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“H the reader will send to*