Page:The World's Most Famous Court Trial - 1925.djvu/115

 talk and laugh a little while if you want to.

Thereupon after the recess the following proceedings occurred:

Mr. Malone—If the court please—

The Court—(Rapping for order.)

Mr. Malone—If the court, please, we are informed, we do not know from how reliable a source, that the witnesses for the state are in the building, and if they are in the building, we know of no reason why there should be any further delay.

The Court—Mr. Sheriff, notify the counsel to come in, if they have finished their conference. They were having a little conference.

Mr. Malone—Apparently.

(Laughter in the courtroom.)

Thereupon a policeman returned to the bench and announced to the court that the attorneys would be in in a few minutes.

The Court—All right.

Thereafter the following occurred after the lapse of a few moments:

The Court—Tell the attorney-general to come in.

Thereupon the policeman rapped for order.

The Court—Let the clerk call the jury. Call the jury, please. When your names are called, gentlemen, come in and have seats in the jury-box.

Thereupon the clerk called the names of the jurors and the policeman repeated them as follows:

W. F. Roberson, J. W. Dagley, Jim Riley.

The Court—Are they responding, any of them? Call outside. We excluded them from the courtroom and I judge they are still excluded. Call the jury from the outside, you will have to begin all over again.

Thereupon the names were called as follows:

W. F. Roberson, J. W. Dagley, Jim Riley, W. G. Taylor, R. L. Gentry, J. R. Thompson, W. G. Smith, J. R. Goodrich, J. H. Bowman, Bill Day, R. F. West, J. S. Wright.

The Court—Have your seats in the jury box, gentlemen.

A Newspaper Reporter—Can we have chairs, judge?

The Court—Gentlemen, I do not believe the whole courtroom should expect the judge to look after chairs. Let the sheriff do that, appeal to the sheriff.

Gentlemen, let me see the jury.

I wish you would call the jury again, Mr. Clerk, and if your names are not correct, stop the clerk and correct them. Answer to your names, and if not correct, indicate it.

Whereupon the names were called again, as follows:

W. F. Roberson, J. W. Dagley, Jim Riley.

A Juror—J. W. Riley.

The Court—J. W. Riley, he prefers.

Thereupon the calling of the names was continued.

W. G. Taylor, R. L. Gentry, J. R. Thompson, W. G. Smith, J. R. Goodrich, J. H. Bowman, Bill Day.

A Juror—W. G. Day.

The Court—W. G. Day.

Thereupon the calling continued.

R. F. West, J. S. Wright.

The Court—All present.

Mr. McKenzie—As a matter of suggestion, I wish at this time to ask the court to make the announcement to the people, and ask them that they not carry off the chairs of the attorneys. We are a necessary evil in the courtroom, supposed to be a part of it.

Thereupon the policeman announced that no chairs should be carried off from the attorneys, from either the state or the defense or the press.

The Court—Are you ready to read the indictment?

Gen. Stewart—The indictment has been read, your honor, but we can read it again.

Juror Thompson—If it ain't out of order, I would like to make the request, the unanimous request of the jury to take up the matter of some electric fans here. This heat is fearful. While I think I could stand my part of it—

The Court—The county judge is