A motion for a continuance on account of the absence of Mrs. J.L. Peake, wife of the defendant, was made immediately after the case charging J.L. Peake with the murder of H.B. Ashburn, was called in superior court Monday afternoon. Judge Brock denied the motion.
The motion was made on a doctor’s certificate that the witness was ill at her home in Chattanooga, Tenn., and was unable to travel. Solicitor Graves stated that several months ago notice was served on him by the defense to the effect that depositions of several witnesses would be taken, among them being that of Mrs. Peake.
Judge Brock announced that he would be perfectly willing to allow the defense to take Mrs. Peake’s deposition to Chattanooga this afternoon, and that if necessary he would delay the court a few hours until it arrived, provided it was needed before it could be gotten here by mail. The defense announced that the deposition would be taken.
The first man called for examination for jury duty was E.M. Vogler of Lewisville township, he being of the regular panel. He was passed by both state and defense. The next man called was refused.
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Soon after the convening of the superior court Monday at 2:30 o’clock the selection of the jury to try J.L. Peake for the murder of H.B. Ashburn last December was begun. The special venire of 200 men, agreed upon by the solicitor and attorneys for the prosecution was completed that morning, and the men are seated in the court room ready to answer when their names are called. It is believed that it will be this afternoon before the jury is completed.
The defendant appeared to show very little interest in the case. He converses freely with his attorneys and when brought into the courtroom spoke to several persons whom he knew. He is represented by Attorneys Z.C. Camp, J.J. Harris and E. Garland Brown, of this city, and Attorney N. Fred McMillan of Knoxville, Tenn., formerly of Gastonia, this state. Attorney L.M. Swink will assist in the prosecuting, as representative of the Gate City Insurance Company of Greensboro.
So far as can be learned there are no witnesses here from Knoxville, where Peake was arrested, to testify for the defense. It is also understood that no depositions have been taken. Mrs. Peake is reported to be sick at her home in Chattanooga, Tenn., and she is not expected to come here for the trial of her husband.
The state will be represented in the case by Solicitor S. Porter Graves and Attorney John C. Wallace.
The names of the 200 men summoned by Sheriff Flynt are as follows:
C.E. Ebert
R.W. Cook
W. Stewart
J.M. McCulaton
C.R. Smith
W.H. Smith
G.H. Willard
C.C. Reed
C.L. Stewart
S.A. Knouse
C.C. Sills
John Fritts
R.M. Rothrock
W.M. Charles
R.E. Swaim
J.W. Hine
Howard Charles
J.F. Ledford
J.H. Parnell
E.C.B. Linville
C.R. Atkins
J.W. Smith
A.E. Huff
W.R. Hine
Fred Reed
W.P. Brown
W.E. Sink
W.E. Nessen
R.L. Johnson
R.O. Bullard
Jesse Hammock
J.H. Middleton
S.M. Johnson
J.L. Marshall
T.F. Grubbs
J.R. York
J.S. Lewis
N.M. Dean
T.A. Martin
W.M. Strader
J.W. Crim
W.M. Pegram
J.W. Strader
T.R. Preston
Peter Landrath
V.L. Hester
J.M. Hester Sr.
Peter Fulton
J.W. Lewis
M.W. Vance
J.H. Pegram
H.L. Strader
J.F. West
R.B. Bowman
G.W. Bowman
G.W. West
L.M. Neal
W.A. Crouse
A.R. Sides
A.L. Griffith
M.C. Nelson
C.B. Pope
W.C. Tucker
A.F. Yarborough
Joe W. Marshall
V.L. Blackburn
F.M. Jones
G.M. Craft
E.D. Sides
A.L. Griffith
M.C. Nelson
B.C. Pope
W.C. Tucker
A.F. Yarborough
Joe W. Marshall
V.L. Blackburn
F.M. Jones
G.M. Craft
E.D. Sides
A.H. Marshall
W.T. Slater
W.E. Alspaugh
W.C. Roberts
R.O. Butner
F.P. Alspaugh
S.C. Stimson
F.A. Sides
J.L. Wagoner
J.R. Brown
E.W. Conrad
C.M. Lasley
S.H. Fishel
W.R. Patterson
J.A. Sink
C.R. Snyder
G.E. Swaim
E.N. Hine
H.B. Masten
J.D. Wilson
J.C. Faw
J.F. Mendenhall
F.S. Ebert
John Ann Sink
L.W. Kimball
Erastus Swaim
George L. Swaim
D.C. Swaim
J.W. Willard
C.L. Jones
E.L. James
R.F. Sink
J.S. Grubbs
G.C. Pope
R.M. Spach
W.R. Snyder
P.C. Rominger
S.C. Robertson
J.M. Williard
D.E. Fishel
C.A. Mendenhall
B.A. Styres
A.A. Hege
G. Davis
Y.B. Albert
George G. Kerner
B.S. Whicker
F.M. Edwards
J.L. Manuel
S.G. Ring
E.C. Wilson
W.G. Cook
W.H. Morton
J.L. Hepler
J.C. Ragland
S.S. Stafford
E.V. Manel
W.C. Weavil
J.L. Hendrix
R.L. Hasting
W.E. Hopkins
C.M.D. Linvell
E.M. Fulp
E.H. Gibson
C.H. Willard
J.R. Joyce
Lora Hendrix
Robert Rumley
E. Smith
W.W. Procter
C.R. Ragland
C.C. Flynt
V.M. Wilson
J. Lee Simpson
John R. Smith
C.W. Helt
W.C. Michael
M.O. Beard
F.S. Newsom
R.H. Church
F.P Leweyllen
James Mullican
James Craft
A.C. Patterson
Henry Hire
L.R. James
W.A. Craft
J.L. Faircloth
J.M. Bowles
C.O. Sprinkle
T.W. Fulk
O.C. Conrad
Charlie Crouch
J.W. Doub
James Holbrook
P.M. Binkley
W.R. Wagoner
S.M. Holder
John Saunders
W.J. Lewis
J.W. McGee
S.A. Hicks
W.B. Merritt
Chap Bodenhamer
J.L. Warner
J.A. Wall
C.H. Berger
G.C. Jarvis
R.G. Conrad
W.L. Teague
J.W. Ziglar
S.S. Clinard
J.R. Harding
J.W. Caudle
Willis Reed
W.B. Carlton
A.C. Spainhour
W.B. Elkins
Sam Fulp
R.W. Hampton
W.F. Grubbs
L.G. Branson
F.E. Evans
W.A. Spainhour
P.W. Barker
From the front page of the Western Sentinel, Winston-Salem, Aug. 1, 1922
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