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==Continuance Refused in the Conspiracy Case== “The United States Circuit, Court-room was crowded yesterday afternoon at 2 o’clock when Marshal Harrison convened (sic) the court. Judge Taft (see note below) presided. “In the prisoners’ dock sat the defendants, A. J. Patrick, Morgan Petty and James Epps. For six months they have languished in the Davidson County jail and the confinement has told on their faces. Patrick’s face still retains a flush, which is rather hectic, however, but Petty’s skin is chalky-white and in marked contrast to his coal-black hair and moustache (sic). Epps’ eyes look sunken and his skin clammy. “The contrast between the appearance of the men is something remarkable. Patrick is between 30 and 85 years old, and has a handsome, intelligent face. He is a large land owner and his alleged accomplices were hands employed on his farm. Petty looks to be near Patrick’s age, but his forehead is low, his eyes are close together, and his countenance lacks the light of intelligence. Epps is past the prime of life by a decade, as is evidenced by his bald head, gray hair and moustache. He has a thoroughly responsible look. “As to the outcome of the case Patrick displays the greatest concern, because, perhaps, his superior intelligence tells him more clearly the enormity of the crime with which he stands charged. “At the opening of court the calling of witnesses was begun and nearly one hundred responded to their names. Among this number were some ten or fifteen women. The court-room at the far end of the corridor was transformed into a nursery so that the proceedings of the court might not be interrupted by infantile cries. “At the conclusion of the call of witnesses Col. J. H. Holman, for the defense, entered a motion for continuance until the next term of court. Reading from a type-written affidavit he set forth his claims. “Several of the most important witnesses for the defense were not present, the paper recited. One of these, named Stubblefield, was not here, he said, because the revenue officers had refused to serve the subpoena. This witness heard the shots fired. “Furthermore defendants had been in jail several months and had been unable to assist counsel in preparing testimony or formulating a defense. “On the other hand they had no idea what the government was going to prove nor had they been furnished with a list of the prosecutor’s witnesses until a few days ago and then said witnesses refused to talk, saying they were acting under instructions. [NOTE: William Howard Taft served as federal circuit judge of the Sixth Circuit Court from 1892 to 1900. He was civil governor of the Philippines from 1901 to 1904. He was elected 27th President of the United States in 1908. In 1921, he was appointed Chief Justice of the Supreme Court.] “In answer to questions from the Judge, Col. Holman stated that the Deputy Sheriff, in whose hands the subpoena had been placed, instead of serving it arrested Stubblefield on a charge of carrying concealed weapon and placed him in the Lincoln County jail. “In addition to this, counsel went on to say, the call had discovered the absence of several other important witnesses for defendants, five in all, upon whom subpoenas had been served.” “Judge Taft, at the conclusion of the argument, said that he would overrule the motion for continuance, but ordered the five witnesses mentioned brought to the city at the expense of the government. One of the number resides in Alabama. “The tedious work of selecting a jury was then begun. There were fifty-five names on the list who had been summoned for jury service, and each side was allowed to challenge twenty men apiece. “About two hours’ work resulted in the selection of six jurymen to the satisfaction of both sides. These were: D. C. Oliver, Davenport; D. M. Eddington, Nashville; P. L. Nichol, Davidson County; S. H. Dunn, Kingston Springs; R. Thornton, Antioch; and T. W. Fulghum, Burns. “At 5 o’clock the Judge declared the court adjourned. “Judge Taft, at the suggestion of District Attorney Ruhm, ordered one of the large spare rooms at the custom-house fitted up for occupancy by the jury at night.”
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