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i __ . , •- . ... 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.' “I wish’ niy wife would get well —or something,” said a husband who had been sorely tried with an invalid wife. 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