Page:The World's Most Famous Court Trial - 1925.djvu/114

 dite the trial of this case as rapidly as possible.

Mr. Hays—Would it not be possible to continue court for a later hour than the usual hour for adjournment?

The Court—I will take that up. My custom in life is never to cross my bridge until I get to it, and when I get to that I will determine it. The court will adjourn until 1 o'clock, instead of 1:30. Let the court stand adjourned.

The Court—Everyone stand up. Open court, Mr. Sheriff.

The Bailiff—Oyez, oyez, this honorable court is now open pursuant to adjournment. Be seated, please.

Mr. Neal—Your honor, please, I would like to straighten out this.

The Court—I desire to thank the lady, little girl or whoever it may be that is so mindful of the court as to send up this beautiful bouquet. (Applause.)

Mr. Neal—May it please your honor.

The Court—I will hear you, judge.

Mr. Neal—We wish to straighten out this question of the demurrer that have—both the motion to quash and the demurrer, both having been filed, and I think that I have satisfied the attorny-generalattorney-general [sic] that they are identical and I presume your honor will rule on them.

The Court—Are you satisfied, Gen. Stewart, that they are identical?

Gen. Stewart—Yes, sir, they are identical, but, of course, we except to the filing of the demurrer because their motion to quash has previously been filed and I want to preserve any exception to the filing of it for that reason.

Mr. Neal—We filed it to be considered filed as of before.

The Court—Well, that exception, of course, is purely technical and I will overrule it and let the demurrer be filed and then I will overrule the demurrer?

Mr. Neal—And then we except to your ruling, may it please your honor.

The Court—Yes, sir. Are you ready to proceed now, Mr. Attorney-General?

Gen. Stewart—I think so, your honor, we prefer to call our witnesses and I take it first that the jury would be brought in. First let me call our witnesses, your honor.

The Court—Call your witnesses and see if you are ready to proceed.

Sue K. Hicks—I want all these witnesses to meet me outside in front of the door of Mr. McKenzie's office right immediately after your names are called. Answer to your names as they are called. Harry Shelton—

The Court—Mr. Sheriff, take these names and call them outside, please. If there is an officer at the door let him repeat the call.

Sue K. Hicks—Orville Gannaway, Morris Stout, Howard Morgan, F. E. Robinson, Jack Hudson, Fraser Hutchinson, James N. Benson.

Gen. Stewart—Is Walter White, the prosecutor here? Walter White? Col. Darrow, we may have to get you to agree to what we can prove if we cannot find the witnesses.

Mr. Darrow—We might round them up later in the day. (Laughter in the courtroom.)

Gen. Stewart—These witnesses have already been subpoenaed, I am informed and we expected to get to them on yesterday, but there has been this delay and we will go out for a conference, if your honor will give us about five minutes.

The Court—Do you want a conference?

Gen. Stewart—Just about five minutes, I think, is all we require.

The Court—Col. Darrow, will you want any time?

Mr. Darrow—Time for what?

The Court—Time for a conference? If you do we might make the conferences simultaneous.

Mr. Darrow—We are all ready.

The Court—The court will be at ease for a few minutes and let you