Subject: [KYF] NEWS: Selection of Jury for H.C. Winnes Trial, 1921, Harlan Co. Sent: Sunday, October 12, 2003 8:00 PM Submitted by Mary Lou Hudson Middlesboro Daily News, Middlesboro, KY Jan. 21,1921 Selection Of Jury To Try Winnes Begins After Court Convenes Today Harlan, Jan. 21. -- Hundreds were present when circuit court convened this morning when Dr. Winnes, the veterinarian, was placed on trial, charged with the murder of Miss Lura Parsons last September. The selection of a jury for the trial of Dr. Winnes was begun this morning after the completion of a minor case, hearing of which began yesterday morning. When the case was called for trial yesterday the defense, through its attorneys, asked for a continuance, declaring that a material witness was absent. Judge Davis heard the request and refused to postpone the trial, declaring that the court was determined to proceed in the case. Affidavit is Filed. Following Judge Davis' action in overruling the motion for a continuance, the defense filed an affidavit late Thursday in which it was declared that A.B. Broughton, a former guard at the prison camp at Dillon, was a material witness, and that he was ill and at his home in Knox county. The affidavit said that the defense considered that Broughton's testimony was essential. The affidavit asserted that Broughton would testify that two convicts left the prison camp five minutes after Miss Parson passed on her way from the railroad station toward the settlement school and that they were gone about one hour. There were no guards around at this time and these prisoners were out unattended, Broughton would testify, the affidavit affirmed. It also stated that Broughton would say that Dr. Winnes had not reached the prison camp for an hour or an hour and a half after Miss Parson passed. Charges Interruption. The statements of the defense also asserted that Broughton, if he could appear, would testify that he had been making a quiet investigation within the prison camp when C.M. Green, state superintendent of prison camps, discharged him, alleging that he was intimidating convicts and that Broughton would allege further that officials took the position that the prison camp was "the state's business" and that persons who were investigating the murder had no right to inspect the camp or extend their investigation to it. Broughton also would testify, the affidavit asserts, that virtually no effort was made on the part of the officials in charge of the prison camp to investigate within the camp following the discovery of Miss Parson's body after the attack and murder. Judge Davis, after hearing the affidavit, ruled that it could be introduced as evidence. Right To Produce Him. The judge also announced that he would give the right both to the defense and to the commonwealth to name a bailiff to represent each to produce Broughton in the court if his presence continued to be considered necessary. State Senator Hyram Brock, of Harlan county, teachers of the Pine Mountain school and club women from other parts of the state, who aided in raising money to be used in the prosecution, were in the mountain courtroom. Jerry Reed, negro convict, who was held to the grand jury along with Dr. Winnes at their joint examining trial, is still in jail here. He was one of the negroes at the convict road camp, near the scene of the murder. ______________________________