Grover Eddy testifies in whitecapping trial - Continued from page 1
IH0E2AS UAI1EST TELLS HIS STORY . - - (Continued From Page One. - ing the jury was under way when the men got together and although there was excitement In plenty in the hall the work of selecting the jury was not stopped. Mallott is a friend of, Thomas Van- Est and Kirts was one of the first men arrested on a charge of white-capping. He was not held after the grand jury investigation. The men got into a war of words over the merits of the case then about to be tried and as one thing led to another thee was soon an exchange of blows The commotion In the hall attracted the attention of the people Inside the court room and in a short time some one began hammering on the door and calling for the sheriff. Sher iff Cox .and Deputy Sheriff Smith rushed into the hall, where 'they found Mallott and arrested him. He was landed in jail, after which the officers came back to look for Kirts As soon as he was found the officers started to jail with him, but Job Ham blen offered to go on 'his bond and he was not placed behind the bars Later In the evening Mallott was also released on bond and the trials of both men will be held In Justice Kin ney's court Saturday. The work of securing a jury to try the eight men charged with taking VanEst from his home last June and beating him, dragged wearily through the afternoon. John . J. Boyle was called and excused because he had formed an opinion relative to the merits of the case which he did not think could be changed. I Clarence Henry was called and ex amlned and the jury was passed to the defense. The defense passed the Jury back, after which the state ex cused Mr. Henry. David Golden was the next man called. He said he . knew nothing about "the case except .what he had heard, and the jury was passed back to the defense. A short recess was then taken so that the defendants could yconfer. After the conference the defense excused Chris Wolf. This exhausted the special venire. George Hege was called next and the jury was passed back to the state. The state then asked a recess so that a short conference could be held, and when the attorneys returned Mr. Hege was excused. Frank Doty took his seat in the- jury box ,next and after his preliminary examination the jury was again passed to the defense, that side excusing Mr. Strietel-meier. - Charles -Hamblen was exam ined as a hew juror and the jury passed to the defense again. Judge Miers, of counsel for the de fense, said that as all of the men in the jury box had stated -that they were against whitecapping, he would like to know if it would take more than the ordinary amount of evidence to acqujt a man charged with that crime- None of the men then in the jury box thought it would. Judge Miers then asked any man who might be influenced, by public opinion to hold up his hand, but not a hand went up. The next question from Judge Miers was, as, to whether or not the jury would -be Influenced if ft were shown that the governor of the state had employed counsel to assist the prosecution, and if it were also shown that the attorney general of the state had come here to take part in the trial. . None of the jurymen said this would make any difference Judge Miers then asked the Jurymen to raise their right hand3 if there was anything at all which would prevent them from giving the defendants a fair and impartial trial. No hands went up, so the jury was passed back to the state. The state excused Mr Doty. . k William Fiebeck was the next man called and he triedMo tell the court what he though about the case, but his opinion was not allowed to come out. He said that he did not think he could give the defendants a fair trial, -so was excused' by the court. Albert Wade came to fill the vacancy in the jury box and the jury was passed to the defense, which passed it back immediately. Prosecutor Phillips asked the jury men if .any of them had Hard & Cox employed as thefr attorneys " at pres ent and all answered that they had not. Mr- Roup and Mr. Rainbolt said that they had done business with this firm in the past but had no business with them now. The jury was passed to the defense and immediately passed back, to the state. , ; .: Attorney General Bingham . asked the jury If the fact that detectives were employed to help to secure evi dence in the case was shown, if that would " t make anyjdifferenceiin the trial of the cause. All of -the jurymen answered that it, would make no difference.- i The attorney general then propounded ; about the same questions asked by Judge Miers relative to the effect the action taken by the governor and the attorney general would have, but no juryman, said , that this would have J&ny effect on his ability to give the case a fair and. impartial trial. tfThe state then excused J. i B. Armstrong and r , Charles . Schaeffer was: called in liis K place. The jury was v.. then Jpassed j ;: to the defense passed back to the state and then passed again to ; the defense. Both sides decided' that they had played tag about long enough and as each Open Every .NIGHT until Christmas.1 Q have made save you time AND WAIST Goods, Ginghams, Linens,' Iinens, Fancy Work, Fancy Pillows. DEPARTMENT. the Holidays we of Rugs, Lace Curtains, Sweepers. useful gifts. N 25 per cent orf on' every lady's H'A T in the . . .-". house. had practically exhausted all of its challenges, the jury was accepted and sworn at 4:27 o'clock. The following1 men compose the jury: William -Sturgil, Charles Ha-mond, R. L. Stelnbrook, Jacob Rether-ford, Charles Schaeffer, David Golden, Philip Muldoon, , Adam Reinbolt, Hen-ryRoup, Clinton Bowman, Robert Wade and Thomas Cane. All are farmers. Judge Hacker gave the jury a five minutes' recess while he conferred with the attorneys in the case. After the jury had retired the attorneys gathered around the bench, after which Judge Hacker annnounced that he would allow two opening statements from ' each side. He would do this, he said, because the defendants were not all from one county and the Bloomlngton attorneys might know more about their side of the case than the Bartholomew county attorneys would know. The court ,also asked the attorneys to confine themselves strictly to what they expected to prove, when they made their pre? liminary statements in the case, and to leave the arguments until the evidence is all inv Judge Hacker also gave some advice to the newspaper men present as to the way in which he would like to have the trial reported. . He asked as a special favor that the local newspapers take no sides in the case but to simply give unbiased -reports of the proceedings, and not attempt . bolster up one side or break down the other. ' The , jury returned to the court room at this juncture and the court gave the " twelve men their- preliminary instructions. In view of the fact that the jury will be; allowed" to separate each night, Judge Hacker. Instructed the men not to talk to each other or to anyone about the issues in the case, and not to form any sort of an opinion until v all of the evidence and arguments were In. If any one persists In talking to members of the Jury about ; the : case the , court asked that the .persons so offending be reported; to him.'. Judge. Hacker also suggested that it might be a good plan for the jurymen to refrain from reading the : newspaper accounts . the trial while the case is on. Court was ' then adjourned until this morrtr ing: : ! ; - ' ' - By an agreement between the attorneys and their clients, there will be no - court on Christmas day, - but the trial will be - resumed Thursday morning. ' - ' . are out of emjymojiand prices are going down. werf ave decided to cut thepriee orlfarijto 10 cents. The Imes &"TInrtonutber shop, ZZ2 Washington street.