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Fred Bubbs On Trial

Fred Bubbs On Trial image
Parent Issue
Day
25
Month
December
Year
1903
Copyright
Public Domain
OCR Text

FRED BUBBS ON TRIAL

The Assaulter Was Arraigned This Morning

A JURY SECURED

And Trial Begun--Fran A. Stivers Appointed to Defend the Prisoner

Fred Bubbs, the negro who assaulted Miss Nellie Newkirk Sunday night, was arraigned in the circuit court Wednesday on the charge of assault with intent to rape.

"What do you plead?" asked Judge Kinne.

"Not guilty," answered the prisoner.

The trial was set for this afternoon and Judge Kinne asked Bubbs if he had counsel.

"Yes, I have," he replied, "a lawyer from Detroit."

He was taken back to the county jail as the $2,000 bail was not furnished.

The court room was crowded at 2 o'clock when Bubbs was brought in by the officers for his trial. He seated himself beside his mother, who seemed more moved than did he himself.

Attorney Frank Stivers, who was appointed this morning by the court to defend Bubbs, addressed Judge Kinne as soon as the session opened.

"I am willing to act as this man's counsel," he said, "but my relation to the family and to the complaining witness are such that perhaps I will not be able to do my full duty to the defendant. I would only act as his counsel on order of the court."

"I chose you," replied Judge Kinne, "because I knew you were competent and were a fair and upright man. All I ask of you is that you give the prisoner the benefit of your legal advice and judgement.

All of the jurors that were drawn stated that they had read of the crime in the papers and had heard it discussed and several were excused on their statement that they had formed an opinion of the prisoner's guilt. Prosecuting Attorney Duffy accepted all of the jurors drawn at first and subsequently, but the counsel for the defense objected to several. An invariable question asked by Attorney Stivers was if the juror had any prejudice against the colored race, but this was always answered in the negative. Prosecuting Attorney Duffy stated that he expected to show that Bubbs had admitted to several that it was he who attacked Miss Newkirk, but that his purpose was not that given in the charge.

After the case opened Bubbs moved to a chair between his mother and Undersheriff Gauntlett. He exhibited no signs of nervousness and occasionally allowed his attention to wander from the profess of securing the jury. His mother, however, showed that she was laboring under a severe mental strain, and followed with closest attention every word uttered by the attorneys and jurors.

The process of securing the jury was a long one, and the spectators manifested their evident weariness. Every seat in the court room and all the available standing room was occupied and many were unable to get in at all.

At 3:30 Attorney Stivers expressed himself as satisfied with the jury and the case was ready for trial.