Mecklenburg Jury Will Hear New Trial for Accused Murderer Martin Bost, Aug. 21, 1926

Mecklenburg Will Furnish Jury for Martin Bost Case. . . Case Will be Started in Cabarrus Superior Court Tuesday Instead of Monday Under New Ruling. . . 25 Men Will be in the Venire. . . Bost in Affidavit Says He Does Not Think Cabarrus Jury Could Give Him an Impartial Trial

A special venire from Mecklenburg county has been ordered to report here next Tuesday morning to furnish the jury which will hear evidence in the case against Martin Boxt, farmer, charged with slaying Jesse Vanderburg, his neighbor.

The order for the special venire of 25 men from Mecklenburg county was issued b Judge P. A. McElroy in Cabarrus Superior Court shortly before noon today when the defendant had presented an affidavit in which he said he did not think he could get a fair and impartial trial by a jury of Cabarrus citizens.

Bost twice has been tried and convicted in Cabarrus Superior court for the death of Vandenburg, a verdict of manslaughter being returned in each trial. Twice he has been granted new trials by the Supreme Court of the State.

The case was originally set for Monday but after issuing the order for the special venire form Mecklenburg, Judge McElroy agreed to start the case Tuesday so the officials of Mecklenburg would have sufficient time in which to summon the venire.

In his affidavit Bost said:

“That there is probably grounds to believe and he does believe that a fair and impartial trial of this case cannot be obtained in Cabarrus County for the reason that this case has been tried twice in Cabarrus County and at both trials the Court House was packed with spectators and interested parties and has been widely discussed with citizens of the county.

“That the proceedings of the trial and much of the evidence was published in the two papers of Cabarrus County, both of which have large circulation in the county. That at the last trial of the case in Superior Court, a majority of the 60-odd jurors summoned to try the case were excused on the grounds that they had expressed an opinion as to the guilt or innocence of the defendant.

“Wherefore, the defendant asks that the case be removed for trial to some adjourning county, or that a jury be selected form some adjoining county, or from some county in the 15th judicial district to try the case, in order that an impartial trial may be had.”

From the front page of the Concord Daily Tribune, Saturday, Aug. 21, 1926

newspapers.digitalnc.org/lccn/sn92073201/1926-08-21/ed-1/seq-1/