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Woman indicted for farmer's murder
CHATTANOOGA. TENN., Feb. 3 —Mrs Sybil Cochran, aged 18, charged with killing John J. Hale, well known farmer, Friday night near Coltewah, was indicted for murder In the 1st degree by the grand Jury here today. Hale was killed while sleeping In a room with five members of his household, all of whom claimed they were awakened by the shot but were unable to ascertain Its source. The Cochran girl was among these In the room at the time and she was arrested because It Is charged by members of Hale's family she had a quarrel with Hale some days preceding the killing.
sought for murder man badly wounded
Miami FLA., Feb. 1.—David Atkins of Arch creak, 12 miles north of the city, who is thought by the police to be the man wanted In connection with the murrder of E. C. Bell of Arch creek, whose decapitated body was found in Arch creek yesterday, was wounded, probably fatally, early today by Police Lieutenant a J. Sterling. The shooting occurred near the railway station. Two residents of Arch creek Identified Atkins as the man who had lived with Bell a short time. An alligator ten feet long was devouring Bell's body when It was discovered by neighbors. Bell’s right arm had been broken, his chest and back severely bruised, further bearing on the theory of foul play. 'The coroner’s Jury adjourned until tomorrow.
Murder case against negro is dismissed
Rufus Graham, a negro, charged with the murder of Wavy McCants, another negro, near Grady Sunday night, at the- preliminary hearing In the court of common pleas Friday was made happy when the solicitor asked that the case be not pressed. It was so ordered by Judge Winter Thorington. According to testimony of witnesses, it was, as the man contended, an accident. It was stated that both negroes were examining a defective pistol when It exploded and shot the McCants negro, killing him. A case against H. J. McLean for concealed pistol, was not processed. Cases against Irene James and Ruby Harris, alleged violation of the prohibition law, will be heard February 10. Twelve cases of alleged gaming were not processed. One case was tried and Is under consideration by Judge Thorington. Five other cases were continued until February 10.
Policeman faces trial for murder
TRENTON, GA., Jan 27.—County Police Officer W. J. Robinson will be placed on trial here tomorrow charged with the murder of T. L. Smith, killed a few days ago while resisting arrest and who shot Robinson In the shoulder before falling under the fire of the officer. Smith was In the act of boarding a train with a grip which Robinson believed contained liquor and when ordered to halt, drew his revolver and fired, being killed instantly by the officer.
Woman's husband is held for her Murder
MACON. GA„ Jan. 2— Mrs. R. E. Herrington, 32, and a young boarder, said to be her uncle. Charles Howze 18 Were shot and killed in the' Herrington home tonight. Riley E. Herrington, husband of the woman, Is held on two charges of murder. three little children of the Herringtons Witnessed the tragedy.
Negro Woman held for attempted murder
GREENSBORO, ALA. Jan. 23.—Two negroes. Daisy Peck. a 12-year-old girl and Addie McCorrel, a young negro woman, are in the county Jail here charged with poisoning coffee at the home of Dr. W. C. Gen in at Akron, on the night of Jan. 12th, which came so near being fatal to Dr. and Mrs. Genln, Miss Huffman and Mr. Parr, who all partook of the coffee which contained rat poison. Daisy Peck, the one who poisoned the coffee, says she was told to do so by Addie McCorrel, a former cook of the Genin’s, who it has been found, did not run away first as reported, but was living with another family at Akron when arrested by the Sheriff. The victims of the poisoning have recovered from their fearful illness.
Telegraphic Briefs
CHATTANOOGA. TBNN., Jan. 22— James Oliver, former soldier, was convicted of the murder of Deputy Sheriff W. B. McIntosh, of James county In criminal court here today and sentenced to twenty-one years in the penitentiary.
Telegraphic Briefs
BENTON. TENN., Jan. 21.—As the result of the killing of James Blankenship in the Ball Play section of the Polk County a few days ago, Deputy Sheriffs Mark Lillard and S. H. Quintrell have been arrested here charged with murder.
Telegraphic Briefs
CHATTANOOGA. TENN, Jan. 20.— On peremptory Instructions from Criminal Court Judge Sam D, McReynolds, Charles Morrison, special d deputy sheriff and mall carrier, was acquitted on the charge of murdering Rube Love, alleged whiskey blockade runner here this afternoon.
Jury is locked-up
MACON, GA. Jan. 16.—informing the court that It was In a deadlock, the Jury in the case of J. Q. Phillips, charged with the murder of W. A. Feridt. was ordered locked up for the night shortly before midnight
Trials for negroes
Trials For negroes A preliminary hearing will be given Frank Smith and Louise Riser on Monday. The two negroes were arrested recently Charged with the murder of Sarah Hatcher and the wounding of Frank Smith on Tuesday In a row at King's Bend. They were arrested by deputies from the Sheriff's office and are In the county jail.
No Motive Found
LOUISVILLE, KY., Jan. 13.—Motive for the murder of Rebecca Loveall, 21, whose body was found today in a Louisville public park with the head partially severed from the body, has not been determined tonight. Authorities, however, were said to be seeking a sweetheart of the girl in an effort to clear up the second Louisville woman murder mystery within a month. Examination of the body shortly after a park policeman had discovered it at the entrance of the park pavilion, led Coroner Carter to announce his belief that Miss Loveall, who was partially deaf, had been murdered some time last night. An axe, hatchet or butcher knife was used In the killing, he added.
Several criminal cases set Tuesday
A large criminal docket will be called in the court of common pleas Tuesday morning by Judge Winter Thorington. There are several prohibition cases to be heard, also one murder and one assault to murder case. The cases and the alleged offenses follow: Rogers Simpson, assault to 'murder on W. Cochran. Van Banders, burglary and grand larceny. Joe Sims, vagrancy. Ruth May, violation of the prohibition law. Walter Holmes, violating the prohibition law. ’ Harold J. Brown, violation of the prohibition law. Reuben Elbert and Charlie Miller, failure to work public roads. ' John Washington, murder of Ed Swlnt. , Clanton Price, assault and battery.
Negro surrenders to court authorities
John Washington, a negro working for the H, M. Hobble Grocery Company, on Commerce street, walked Into the county jail Saturday and gave himself up. A warrant had already been Issued charging him with the murder of Ed Swint, another negro. Washington declined to make a statement. As far as can be learned, the trouble started In the cellar of the grocery store when Washington, who tends the furnace, wished to approach It. his path being barred, it Is said, by other negroes, among them the deceased. Eye witnesses claim Washington hit the other negro over the head with a heavy iron poker, causing Swlnt's brains to exude as he lay upon the floor. Swlnt was taken to Hale’s infirmary and died shortly afterward. The preliminary hearing will take place In the court of common pleas Tuesday before Judge Winter Thorinrton.
Sim Andrews to appeal case to supreme court
Sim Andrews, former deputy sheriff, of Baldwin county, who is now serving a term of I5 years imprisonment following his conviction of murder in 'the second degree, in connection with the lynching of Frank Foukal, a prison the. Baldwin county jail, last ril, will take an appeal to the Supreme Court of Alabama. This information was received Friday, by Attorney General J. Q. Smith, from Andrews' attorneys.The only ground upon which such I appeal can be based is the allegation of error on the part of the trial judge and it la therefore presumed that this is the contention which Will be set up. Andrews was charged with having led the mob which entered the jail and murdered Foukal while he lay on a bunk In his cell. Evidence submitted j during the trial, tended to show that Andrews, after Sheriff Otis Richardson had been overpowered, secured the 1 keys to the cell room and led the way to Foukal’s place of confinement. It could not be established however, that I Andrews actually fired any shots from his revolver Into Foukal’s body. Charged with murder in the first degree, he was convicted of 1st degree- murder and sentenced to 15 years in the penitentiary. He is now confined in the State prison at Wetumpka.
Local news
Robert Croft, a "lifer," sent up from Clay County In till, following his conviction for murder In the second degree, was granted a parole, Thursday, by Governor Kilby.
assault to murder is postponed
Rogers Simpson, charged With assault to murder on W. r. Cochran did not stand trial Tuesday In the court of common pleas, the case being postponed until ten o’clock. Friday morning Cochran claims the defendant shot at him eight times with a shotgun. The affair Is said to have taken place at Chisholm.
Murder verdict reached quickly
NEW YORK. Jan. 6.—One of the swiftest murder trials In New York state ended late today when a Jury In Brooklyn, after ten minute deliberation. found Frank J. Kelly, negro guilty of murder In the first degree for slaying Catherine Dunn, a maid in the home of Mr. and Mrs. Clarence Sperry Clark on December is last. Next Friday he will be sentenced to die in the electric chair at Sing Sing prison. The prisoner showed no emotion when the verdict was announced. He smiled when he heard his fate and his features still bore a grin as he was led from the courtroom to jail. Joseph Dunn, 18-year-old brother of the murdered woman, has asked District Attorney Lewis to permit him to witness the execution.
Hides in swamp for 5 days; surrenders
DUBLIN. GA:. Jan. 4.—After hiding In the swamp ten miles south of here since Tuesday night. Matt Edwards, 56. came out today and surrendered to Sheriff W. N. Watson. Edwards was being hunted on a charge of murder. It being alleged that he shot and killed his wife as she ran from her home. Several others who were fired upon Edwards was In bad Shape from hunger and exposure. The weather of last night and today drove him out of his hiding place, he admitted.
Makes effort for saving convict
WASHINGTON, Jan. 3.—Further steps to save the life of Robert F. Stroud, a convict, at Leavenworth penitentiary under sentence of death for murder of a guard, were taken today when the supreme court was asked to rehear his case on the grounds that 'the court based its first opinion sustaining his conviction on a misconstruction of the facts.
was sent up for life
The Criminal division of the City Court. Judge W. H. Thomas presid- ing. was engaged almost all of yesterday In the trial of Robert Stone, a negro charged with the murder of Ben. Minter. a negro, and at 7 o'clock yesterday evening the Jury returned a verdict of guilty and fixed the penalty at life Imprisonment. About nine months ago while Ben Minter, a young negro, was at a store on the Hayneville road at night with some companions, he was accosted by Robert Stone, who had served a term in the penitentiary, and after hot words Ben Minter was shot to death. Stone escaped but was subsequently captured. The aged father of Minter drove to the city, reaching here about 1 o’clock in the morning, and reported the shooting to The Advertiser. He was directed to police headquarters and the county Jail, where he gave information of the murder. The Jury which tried the case yesterday consisted of the following citizens: F. H. Merritt. A. A. Janney, Sr.. L. J, Bugg, B. C. Toole. J. T. Bedsole. J. D. Terrall. T. J. Kelly, .7. K. Carney. J. T. Holmes, M. P. Cajneron, A. C. Norman and T. H. Cochran. At 7 o'clock last night the Jury announced that It had reached a verdict and filed Into the courtroom. The verdict was handed by the foreman, F. H. Merritt, to Clerk Matthews, who read It to the court. The Jury was discharged and Stone Was taken to the county Jail. The case against Matt Goss and Henry King, negroes, charged with maliciously obstructing a railroad was continued until the next term of court on account of absent witnesses. The cases against Levi Upshaw, a negro, charged with rape, and Arthur Chambers and George Clifton, negro boys, charged with arson, will be called In the City Court today. Upshaw is charged with assaulting his daughter. Clifton and Chambers are charged with setting fire to a dwelling house on Jeff Davis Avenue and Court Street.
Telegraphic Brevities
WASHINGTON. Aug. 7.-President McKinley has commuted the sentence of Private Frederick Morris, Company K, 49th volunteers to life Imprisonment. Morris was convicted of murder by a court martial at Tuguegarao, Lusan, and sentenced to death
Both are discharged
Birmingham, Aug. 8.—(Special.)—A. J. Sumner and George Bullard, the men who were held charged with the murder of H. C. Newell, whose body was found lying beside the tracks of the Birmingham Mineral Railroad near Reeders, a few weeks ago, were given a preliminary trial before Justice William Jack- son In Bessemer, and were discharged. They were hold, however, in the sum of $300 each on the charge of larceny from the person. Newell, so It is stated, went to Bessemer from his home at Milldale to see his mother. He had about $100 with him. He fell In with Bullard and Sumner and several other men and spent the greater part of the day in drinking. That night he was murdered in the railroad yards at Bessemer and his mutilated body was found next day about three miles from that city. The theory was that the slayers placed his body across draw heads on a freight train after killing him and that it was in this way the remains were carried out of town. The evidence brought out at the preliminary trial was not strong enough to connect the defendants with the crime.
the Taff investigation
The Taft Investigation. The Coroner's Jury which has been Investigating the murder of Patrlck Taff, who was found dead In his watermelon patch at Oak drive ten days ago, his skull having been fractured, resumed Its sitting today. The Jury went to Oak Grove this morning to take a look at the scene of the crime and to make a thorough Investigation It is stated that during the recess of the Inquest a number of Important foots have developed, but absolutely nothing is being given out. The Davis brothers who were arrested last week! on suspicion of having some connection with the murder are still being held.
Hanged with a plow line
Birmingham. Aug. 2.—(Special.)— William Vann, a white man. aged 25, who has been working at Irondale, was making his way on foot across the country to Anniston, his home, accompanied by his wife and two small children. The party stopped last night near McLaughlin's farm, three miles east of Leed’s, in St. Clair County, and slept under a large tree. During the night Vann was assaulted by a negro and struck on the head with a rock, which broke his skull and rendered him insensible. The assailant then knocked down Mrs. Vann, and attempted to commit a criminal assault upon her. Her screams frightened him away. Mrs. Vann stated that Just before dark last night they had stopped for water at a negro house, and she believed the negro who gave them wa- ter was the guilty man. The tracks of the murderer showed that he wore a defective shoe, from which his toes protruded. This corresponded with the description of Charley Bend, a negro, who worked for J. C. McLaughlin. He was arrested and a preliminary trial was begun by Justice of the Peace Spruell at the scene of the crime. At noon two citizens were deputized to take charge of Bend, who was taken to a firm house a mile away for din- ner. On the way back to the place of trial this afternoon a mob gathered and overpowered the deputies and took the negro from them. Bend, when questioned, admitted that he struck Vann with a rock, but said he did so because Vann had cursed him. He was then strung up to the nearest tree, a plow line being used. The line was so frail that the negro's body was tied to the trunk of the tree to prevent him kicking and breaking the rope. He was thus choked to death. The body was still hanging tonight. Mrs. Vann identified Bend as the guilty party.
Docket for today
The following cases are set for trial in the 'City Court today: Joe Jackson, burglary and larceny. Jim Stewart, assault and battery. Henry Stephens, burglary and larceny. Alex Taylor, vagrancy. Jesse Thomas, assault and battery. Hillard Times, assault to murder and carrying concealed pistol. James Walls, removing mortgaged property. Chivers Wells, burglary and larceny. Henry Williams, grand larceny. Richard Williams grand larceny. Henry Young, embezzlement and grand larceny. Wm. Burks, carrying concealed pistol. Pearl Brown, night walking. Willie Brooks, night walking. Joe Carr, gaming.
Man and Wife Murdered
Man and Wife Murdered. Memphis, Tenn.. July 31. A Scimitar special from Helena, Ark., reports the murder of Isaac Lane and wife on Island Sixty-six in the Mississippi River. Both were almost shot to pieces. Will Kelly and Frank Fannon, charged with the crime, were captured by constables after a light in which both of them were wounded. All of the persons concerned, including the officers, are negroes.
Will not go to Georgia
Will Not go to Georgia Jake Andrews, the negro who Is said to be wanted in Columbus. Ga„ for murder, was transferred from police station yesterday afternoon to the county Jail. Deputy Sheriff A. W. McMichael of Columbus came to Montgomery after the negro, but Andrews refused to go without a requisition. The deputy sheriff returned to Georgia yesterday afternoon to secure the necessary papers.
Busy day with Courts
Docket for Today. The following cases are set for trial in the City Court today: Eliza Wilkinson. Malicious mischief. James Cunningham, petit larceny. Will Bailey, burglary. Mitchell Freeney, assault to murder. William Franklin, carrying concealed pistol. Phil Frazier, assault to murder. Marie Gordon, night walking and prostitution. Alfted Gilmer, burglary and larceny. Willie Green, burglary and grand larceny. John Green, grand larceny. Minerva Henry, removing mortgaged property. Charlie Hancock, grand larceny. Dave Jones, gaming. Leroy Jackson, grand larceny. Eugene Johnson, grand larceny.
Accused of Murdering His Child
Accused of Murdering His Child. Knoxville. Tenn., July 27. A special Ho Thb Journal bnd Tribune from Johnson City. Tenn. says; Armstrong Hensley has been landed In the Erwin Jail on the charge of murdering his five-year-old step-daughter. He brutally beat the child and threw her into a stream of water. She died 4 few hours later
GEORGE EDSON CAUGHT
The Negro Who Shot and Killed His Brother, John Edson, in Boguehomme. George Edson. a negro charged with the murder of his brother, John Edson, was captured by Deputy Sheriffs Sam Belser. P. M. McLemort and George Jones at 5:30 o'clock yesterday morn- ing. The deputies found Edson in a house near the corner of South Perry and Julia Streets. The negro offered no resistance. A few weeks ago Edson and his brother John Edson. got into a dispute In Boguehomme about 60 cents. George Edson claimed that his brother owed him 50 cents and when he asked him for the money John Edson said he did not have it but would try and get the money for him In a few days. George Edson was angry and without a moment's warning he pulled a revolver Had fired on his brother, the bullet striking him In the shoulder. The wounded negro lived two days George Edson escaped and nothing more was heard of him until his arrest yesterday
Phoenix City Murderer in County Jail for Safekeeping—Other News Items.
Phoenix City Murderer in County Jail for Safekeeping—Other News Items. H. Sparks. the noted negro murderer of Phoenix City, was hi ought ti Montgomery yesterday and lodged n the county Jail. Sparks shot and killed another negro at Phemx city name Ingersoll. The murder created a deal Of bad feeling at the time, and when Sparks was brought back it was fearer that he would be lynched and the military company was called out. in evidence at the preliminary trial showed that Ingersoll was at when he was shot through a window The shooting was said to have been done By C. H. Sparks and his wife i Is claimed, gave him the gun to commit the deed. At a preliminary trial Sparks "a bound over to the grand Jury without bail, he was placed in Jail at Opelika but on account of the Jail being insecure it was thought best to bum him to Montgomery.
TESTIMONY TAKEN DOWN
Prisoner Waived Examination, the Evidence but Was Recorded. Athene. July 23.-(Special) -The time of the County Court was taken up the past two days In the examinations of the negroes charged with the murder of Bob Taylor. They all waived examination, but the state wanted to take the testimony of the State witnesses and have It properly attested while the facts were fresh in the minds of the witnesses. This Is a new practice here but it was allowed and the time was spent in making a rigid examination of all the State witnesses and having the official stenographer take it down. The dying declaration of the wounded negro was taken by Messrs. Ed Garrett and Mack Hill, two prominent farmers living in his neighborhood to whom he sent for that purpose. The negroes all seem careless, and seem to have no horror of the fate that stares them in the face.The County Tax Assessor has Just completed his tax book for the year 1801. and It Is now in the hands of the Probate Judge. Aside from being a most beautiful piece of work, it contains a number of interesting facts. The tax books show that the Increase In taxable values for this country during the past year runs up the neat sum of $126.887. This seems a pretty good increase in one year. The total valuation of property In this county for assessment is $3.631.78; of this sum realty Is valued at $1,989.441 and the personal property at $1.642,347. The net Increase in taxes for the county over last year Is $1.557.43. A great deal of this Increase is due to the effort* of the Tax Commissioner
Cut his Wife's throat
Birmingham, July M.—(Special)— Jerry Demus, colored, is In the county Jail charged with wife murder, committed at Ensley Saturday night. Demus says that he doesn't care If he hangs for his crime. He states that his wife had not been faithful to him and that he had grown tired of her treatment. He states that she left him recently but he prevailed upon her to return home and begin life anew. She came back Saturday. Demus adds that when she came home he sat down and looked at her and the longer he looked the madder he got. Finally he said he could not stand It any longer so he went out, procured his razor, sharpened it and returning Jerked the woman's head back and cut her throat. Demus said that that is all there is to the story. When asked If he did not think that he would be hanged for the crime Demus replied: "Yea. I know they will hang me for It. but I don’t care. It will be only two more negroes out of the way—me and her. Coroner Parria made a preliminary Investigation Into the killing and the facts brought out substantiate the story told by Demus.
Other court items
Other Court Items.* Ben Jackson. Jr., Randall Jackkson and Dick Jackson, the small negro boys who were sent to Jail a few days ago by Justice J. B. Fuller had a hearing yesterday. The evidence was not sufficiently strong and the boys were discharged. J. C. Pritchett, the wife-beater, was tried before Justice R. H. Jones yesterday afternoon on a charge of assault to murder. He was held under a $300 bond. Pritchett was also bound over on a charge of trespass after warning. The bond In this case was $100. It was alleged that Pritchett went to the home of his former wife and forced an entrance and then struck her across the head with the butt of a revolver. Albert Ray. charged with murder, was arraigned before Judge Thomas yesterday and his case was set for trial August 15. A marriage license was issued yesterday to John Everet Nelson and An- nie Ross Rembert. Zeb Fountain and Ben Griffin of Chil- ton County, were arrested yesterday by Deputy Marshal Green, charged with intimidating a United States wit- ness. The men had a hearing before Commissioner Elmore and were held under $200 bonds each. In the Recorder’s Court yesterday afternoon John T. Sampson, a contractor, was fined $2 and costs for repairing and changing paving or sidewalk with- out permission. Louis Gilmer and John Harris, charged with fighting, were discharged.
The July Term is Marked by Large Number of Cases—Other news of the Local Courts.
The following additional case# have been set for trial In the City Court: Mary Jane Mlkee, abusive language, July 28. Mary Jane Mlkee, vagrancy, July 28. William Burke, assault to murder, July 28. T. B: Buckner, assault and battery, July 28. Alex Bibb, gaming, July 28. Jib Bryant, grand larceny, July 28. Will Bailey, burglary, July 29. Jim Chambers, unlawful use of animal, July 29. Thomas Duggan, assault to murder, July 29. Jim Dicks, grand larceny, July 29. Mitchell Freeney, Tom Freeney, assault to murder, July 29. William Franklin, carrying concealed pistol, July 29. Robert Farley, assault to murder, July 30. Phil Frasier, assault to murder, July 30. Marie Gordon, night walking and prostitution. July 30. Alfred Gilmer, burglary and larceny, July 30. Willie Green. Babe Cottrell. Willie Robinson. Carey Grace and Jim Win- slow, burglary and grand larceny. Ju- ly 30. John Grecey. grand larceny. July 30. Minerva Henry, removing mortgaged property, July 30. Charlie Hancock, grand larceny, July 30 Dave Jones, gaming, July 30. Leroy Jackson, grand larceny. July Tom Judkins, gaming, July 31. Joe Jackson, burglary and larceny, July 31. Jesse Lauson, gaming, July 31. Lee Morgan, grand larceny. July 31. Jere Lee, grand larceny; July 31. Miller McCoy, grand larceny; July 81.* Ed Menefee, removing mortgaged property; July 31. Swing McGehee, grand larceny; July 31 John McLean, carrying concealed pis- tol; July 28. Ned Matthews, burglary and grand larceny; July 31. York McDonald, assault to murder; July 31. Simon Marcus, burglary and larceny; July 31. Jeff Nelson, abandoning family; Au- gust 1. Albert Ray, carrying concealed pis- tol; August 1. John Richard, burglary and larceny; August 1. Hub Redmond, grand larceny; Au- gust 1. William Shields, assault to murder; August 1. July Ann Stapleton, grand larceny; August 1. Jim Stewart, assault and battery; August 1. Joe Scott, burglary and larceny; Au- gust 1. Henry Stephens, burglary; August 1. Alex Taylor, vagrancy; August 2. Jesse Thomas, assault and battery; August 2. Hilliard Times, carrying concealed pistol; August 2. James Walls, receiving stolen proper- ty; August 2. Shivers Wells, Fred Matthews, bur- glary and larceny; August 2. Richard Williams, grand larceny, August 2
CADDELL v. THE STATE
CADDELL v. THE STATE. Indictment for Murder.—Appeal from the Circuit Court of Bibb. 1. Organization of Jury; motion to quash venire.—Where in the organiza- tion of a jury to try a capital case, the fact that the same person answered to the name of “Acey Blake” and “A. F. Blake” when called at different times, constitutes no ground to quash the venire, when it is shown that said named appearing on the venire were each intended to, and did, in fact, designate a different person. a. Same; same.—The fact that one of the persons who was drawn to serve on the special venire In a capital case was not summoned or was absent at the time of the trial, constitutes no ground for quashing the venire. 3. Homicide; conspiracy; admissibility of evidence.-The defendant in a criminal case was jointly indicted with a woman for the murder of his wife, and was tried separately. There was evidence tending to show that his co- defendant was his paramour; that he was at enmity with his wife; had several times threatened her life; that the deceased had commenced a prosecution against his co-defendant for living with him in adultery; that his co-defendant had lived at his house, and on the day of the homicide, the deceased with some officers, having a warrant to search the woman’s trunk, came to the defendant's house for that purpose; that when the deceased came to the house, the defendant threatened to kill her. had afterwards told his co- defendant to make the deceased get out of the house; that in talking to his wife the defendant applied a vile epi- thet. whereupon she exhibited a pistol and said that she would kill him if he repeated the statement; that while the search was proceeding, the defendant called bis co-defendant Into an adjoin- ing room and said something to her In a low tone of voice, which could not be heard by the other persons In the house, whereupon his co-defendant re- turned to where tire deceased was, and after saying something to her snatched the pistol away from the deceased and fired upon her, inflicting the fatal wound. Held. (I.) It was competent for a witness, who testified as to his having a con- versation with the defendant about the conduct of another man towards his co-defendant, to state that the defendant said to him "he would kill anybody that Interfered with him and that woman.” (2.) That acts of undue and improper intimacy between the defend 1.it and his co-defendant were admissible as tending to show his Infatuation for the woman and as disclosing a motive for Inciting the crime. (3.) As evidence of motive Induced b.y actual interference. It vas proper to prove the institution by 'he deceased of a prosecution of the woman for adultery, by Introducing in evidence the affidavit and warrant in that case; and it is in the discretion of the court as to whether such evidence su'd precede or come after the evidence disclosing act of participation in the conspiracy to commit the crime (4.) In such a case for the incrimination of the defendant as a conspirator with, or as an accomplice of the actual slayer, it is not necessary 'o r cover by direct, positive evidence, that he In- cited or encouraged his co-defendant to the killing. 4. Insanity; competency of non-expert testimony.—On an issue of sanity vel non. a non-expert witness may give his opinion affirming the sanity of the person inquired about, without a specification of the facts upon which such opinion is based; and it is competent for such witness, who is shown to have known the person lnqftlA*d about, to testify that He had never seen any indications or evidence of Insanity. 5. Homicide; admissibility of evi- dence.—Where a husband m Indicted for the murder of his wife, and there is evidence tending to show unlawful or criminal relation* between him and another woman, who stayed at the defendant's house, and a witness has testified that the defendant and the de- ceased lived happily and agreeably to- gether until said woman went to their house, it Is not competent or admissible for such witness to further testify that, after said woman went to the house, she had often seen the deceased crying; and the admission of suck testimony constitutes a reversible error. Reversed and remanded. Opinion by Sharpe, J.
Thomas Stokes Now Under Arrest for Murder.
Thomas Stokes Now Under Arrest for Murder. Van Buren. Ark.. July 17.—Today T. A. Irvin of Baird. Tex., was in the city having in custody Thomas Stokes, whom he arrested in Huntsville, this State, charged with the murder of a prominent citizen of Baird three years ago. Stokes, who is but 24 years old and beardless. has been for the past three years masquerading in female attire, and being a young man of education, secured a teacher’s license, and representing himself to be a woman has been leaching school near Huntsville. Stokes Is very reticent about the affair, and claims that he Is not the man wanted. He says that the donning of female attire was from choice, as he better succeeded In getting employment as a female teacher. He had become quite popular among the people of Huntsville who are both to believe that he is not the woman he had represents himself to be. He was taken toTexas today. Detective Irvin is quite positive that he has the right man.
Four Defendants made Bonds of $150 in Each case—Other lndictments by Grand Jury. Court News.
The Docket Today. The following cases are set for trial today: Brooks Fuller, et al. forfeited bond. Brooks Fuller, et al, forfeited bond. Mark Peterson, grand larceny. Lee Cardwell, assault to murder. Will Gunter, assault to murder. Henrietta Toles, et al. assault to murder. Ed M. Bowman, embezzlement. George Duval, grand larceny. Mark Peterson, et al. forfeited bond. John Ford, et al, assault and battery. John Ford, et al, gaming.