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Show SIUTHWORTH MURDER TRIAL InicresC on flip part of the public in the murder (rial of Henry South-worth, South-worth, which was callpd in Judge Harris' court this morning was not marked, there boing only the jurvtnen, the attorneys and attaches of the fourt present when the case camo up foi hearing. Neither the homicide nor the manner man-ner of tho killing of E. L. Hanks are denied by the defendant, but, nevertheless, never-theless, the state will be required to prove its case in detnll, Tho only new facts in the case to be presented at the trial, however, will bo the story of the homlcido. related by the defendant de-fendant in his own language Tho Justification for the alleged crime haB not been made known by Mr South-worth, South-worth, but In his defense In the present pres-ent trial, his attorneys sav, he will explain all the circumstances leading to the commission of the act and that ho vill be corroborated by a number num-ber or witnesses from the' neighbor- ; hood in which he lived with his fam- ; il.v. The information against Henry Southworth alleges that on August 12, ; of this year, he shot to death one B. L. Hanks at Glenwood park, this city, ! and that the killing was promeditat- ! ed. ' Since the time of tho tragedy, tho ! defendant has been confined in tho ' county jail, the charges being such that, undor the statutes of the state, ball could no.t be furnished. It will be remembered that E. L. Hanks was the manager of the PhllH-plnl PhllH-plnl band which furnished band concerts con-certs at Glenwood park and had previously pre-viously given performances at lagoon, la-goon, near tho homo of Mr. and Mrs. Southworth, where, the defendt contends, con-tends, Mr. HankB became acquainted with Mrs. Southworth and through his associations with her defiled his home. Mr. Southworth came to Og-den Og-den on tho evening of August 12, and, meetinz Mr. Hanks and Mrs. South-worth South-worth together In Glenwood park, drew his rovolver and shot Hanks, killing him instantly Hanks was shot five times in the body and head. Southworth gave himself up to the officers of the law. Ten days' time has been set apart for the trial but it was stated this morning that perhaps that much time would not be required Inasmuch as it is thought that Jury can be secured In a few days. Tho defonsc will rely on temporary tem-porary insanity and the unwritten law The questions put to the veniremen this morning were whether they believed be-lieved In tho unwritten law that a man Is justified In killing another if he is aroused to a sudden heat of passion through knowledge of a belief be-lief that his home has been defiled by him, and whether acts of murder, committed while a person is temporarily tem-porarily insane, should be punishable under the law. Another question propounfled is whether the juror is a married man and whether he has girls In his family and also whether he attended at-tended any of the band concerts given giv-en by the Italian band while it was in this country last summer, and if ho knew anything of the character of men engagod In that band. The first twelve men called to the jury box this morning were A. J. Anderson, An-derson, A. M. Ferrin, R. H. Butts, H. A. Dabb. Samuel Shaw, B. F. Blay-lock, Blay-lock, W. . H. Anderson. Eplirahn Crashaw, F.' G. Berry, George C. Streeter, David W. Tribe and Fred F. Bond. The defendant appeared In court with his counsel and mayor-elect Harry Daynes of Farmington in a cheerful framo of mind and his physical condition seemed to have improved im-proved since tho time of the preliminary prelim-inary hearing. Soon after the homicide homi-cide Mr. Southworth was almost a nervous wreck, but this morning he was quite free from that condition. rs |