Copied from Southern Standard August 24, 1933

ENTIRE DAY REQUIRED TO SELECT 12 JURYMEN; 106 OUT OF 300 ASKED ABOUT EXTREME PEN
ALTY.
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In the dingy Warren County Circuit courtroom the first scene of the attempts of
Clifton Cotten, J. Rains and Taft Fuller to wrest themselves free from the envi
sioned grip of the electric chair was started in the selection of 12 men who wer
e to decide whether they should forfeit their lives in the electric chair for th
e murder of an innocent and highly respected citizen, Dr. J. A. Clark, of Morri
son. An hour before court opened Monday morning the courtroom was nearly filled
with 300 prospective jurymen. Spectators were barred from the court room until a
fter court opened and then there was a grand rush on to obtain seats. As court w
as opened by Sheriff McAfee, the three alleged murderers, J. Rains and Clifton C
otten, handcuffed and under heavy guard followed by Taft Fuller on an ambulance
cot were brought in. On the state's side were the prosecutor, T. J. Clark, flank
ed by an array of legal talent, consisting of Attorney General C. D. Lamb and hi
s assistant, Wm. McGowan of Fayetteville and L. R. Turner and Clarence Haston of
McMinnville. The defense consisted of Frank Kickerson and O. L. Green. As the s
election of jurymen got underway, P. F. Willbanks of Sparta created somewhat of
a dissuasion when he announced that he had been retained to represent the three
defendants. The sudden injection of Mr. Wilbanks into the case brought about a n
ear withdrawal of Hickerson and Green from the defense, but the matter was final
ly straightened out when Wilbanks explained that he had been retained only to re
present Clifton Cotten. After swearing in the 300 prospective jurymen, Judge Sma
rtt ordered the men to vacate the room, notifying them that they would be called
when needed. Immediately back of Cotten sat his young wife, attired in a black
dress and wearing a black hat with a short veil, who held their three year old s
on. Immediately back of the cot which held her husband was young Mrs. Taft Fulle
r, who had been continuously at his bedside since he was brought to the Warren C
ounty Jail. Shortly after court opened and before jurymen were selected, Attorne
y General C. D. Lamb entered a motion to continue the trials until some future d
ate or until such time as Fuller was physically able to withstand trial. He said
that when the date was settled on between counsel for the state and defense in
the presence of Judge Smartt that he had understood that Fuller was physically
able to stand trial, but that since he had viewed the injured man in court he sa
id that he was of the opinion that Fuller was not able to stand trial. "The stat
e is fully ready to proceed with the trial," he said, "but I am asking for a con
tinuance unless the defendant Fuller insists that the trial go on as scheduled."
Dr. Q. C. Cantrell, attending physician was called in and gave testimony to th
e effect that "in his opinion, although he was physical in good strength, Fuller
was a very sick man." Asked whether Fuller was able to withstand the ordeal of
the trial, Dr. Cantrell said that it would be impossible for him to predict to w
hat extent the trial would effect his patient. Fuller informed his attorney, how
ever, that he desired that the trial go forward and that he be given a speedy an
d unprejudiced trial as provided under the constitution. The motion of the state
to continue the trial was then overruled by Judge Smartt.In so requesting the c
ontinuance the state was protecting itself in case the verdict of the jury was l
ater carried to the supreme court, inasmuch as the defense could not present the
argument that the state hap forced the defendant Fuller into trial against his
own will in view of his state of health. Judge Smartt also overruled a motion fr
om Attorney Wilbanks, representing Cotten, to continue the case until some futur
e date. A motion to quash the indictments against the three defendants presented
by Attorney Hickerson was also overruled by Judge Smartt. The first man to be c
alled was James Mayes, who was accepted by both sides, he was followed in succes
sion by Fate Walker. The balance of the morning hour was consumed in examining 1
0 prospective wi
tnesses, all of whom were dismissed either by objections from the state or defen
se counsel. The afternoon court hour saw 94 men have their say on the witnesses
stand, 10 of whom were finally accepted by state and defense counsel and jurymen
. Of this number 16 were excused, being opposed to capital punishment while the
others were dismissed on objections from either the state or defense attorneys.
In selecting the jurymen, the state exercised 11 of its 18 challenges, while the
defense used up 36 of its 46 challenges. Members of the jury selected Monday we
re: James Mayes, Fate Walker, William Adcock, James Dunlap, C. C. Crouch
, V. E. Cope, T. V. Patton, Charles Gillentine, James Upchurch, Tom Blain,
David Dunlap, and Frank Curtis.
Following the seating of the jury Attorney Green filled a motion stating that in
listening to the testimony of the 106 jurymen he had not heard any evidence of
prejudice against the three defendants. Court was ordered adjourned at 6:10 p.m.
until Tuesday Morning at 8:30 a.m.