The Woodville Republican, and Wilkinson advertiser., 1853-07-12
THE STATE rs. BAYLOR W,x.

real facts which have eharacteri,eS ~, IN 4
inception to its close. s'n i
The result of our enquiries is in.
that Winn was arrested as free m. ~'''ana !,
for the alleged murder of johnson ola
gro, in this county, on or about ths Nv ,ss Ne
1851. After a preliminary exam;asss.a sas .s
fore Justice Wood, at which the accnsss ;. =
ed no witnesses, he was committee Sa.s
charge without privilege ofbaiL Wspe Wp1e
ever, denied that he was guilty and a.. - a@
tice that, at the proper time and and ss's sI.,
would dlsproye the charge against hin y
ing a mulatto. The November ta,m ,.'
of the Adams Court having failed. : ,,s ~
term was ordered and held in Japno,v 'I,s Is.
At this term Winn was indicted as ! !, 49, ~
latto, for the alleged murder to Vii 49, \
pleaded, prelminarily, that he was s.. 4 ~
white and Indian blood, and not ! :, mal.. I'aa
Before issue Joined, this question wa, b:,,a ,.is
jury in this county who failed to s,,ss %
thereupon a mis-trial was awarded sss
venue changed to jefferson county. ' Tb.s
ry are said 70 nave stood at first eight sm I,
four against the accused and ultimatsl, & !.
| to six. ''!
AT the April term, 1852, Of the J.s.,.,
Circuit Court, the case was AGAIN tia E ~
after a very full examination and @ s,Snn.. -,
which occupied three DAYS or more H. . 4.
unanimously returned verdict in fayo ~ ois
defendant. The indictment was aceo,a;.s,
quashed, and at the May term, Afterwards \
the Adams Circuit Court new ipd;o,ns',
was found against the accused as yAOm,'
Tor ordinary white citzen,) for the ame 4
fence. fhe venue was again changedO WS
kinson county, and at the June term Thereof
1852, the case was set for trial. The aau,ad
was prepared with his witnesses and iuits1
upon hls right to speedy and impartial tid
Upon application howevet, il he nature d
an affidavit, by the State, alleging the absence
OF competent and material witnesses soontr.
uance was granted to the State until Tie d.
cember term, 1869. Among those witnesses
was mulatto boy who lives inthis city. The
State, however, alleged that it could prove him
to be competent witness.
At the December term, 1852, the case WAS
again set for trial, but owing to stress Of vesA.
er and the non-arrival of many Of the witns
ses until the middle Of the appointed day, the
state again obtained a continuance. 1he&
cused,. through his counsel, endeavored to set
aside the continuance and to go into a trial
which was refused by the Court. Attachments
were now taken against the witnesses on bCh
side; and at the June term, 1853, thirty o.
more were in attendance The State, a third
time, sought to continue the case for the ah
sence Of a mulatto boy of this county. TAs
application stated what was expected 10 b
proved by the witness, and the State admit
ted that this wastheir only witness who was ab'
sent. But the Court overruled the application
as insufficient, and showing no cause for fur
ther delay. Besides this, it was offered TO b
shown by the accused that the witness was .
mulatto, and consequently incompetent and
that if present. he would not be permitted 70
testify. The case accordingly proceeded. A
jury were sworn and empannelled, the STATE
exhausting its right Of challenge, and Winn
challenging one-foarth part the number %
which be was entitled. Witnesses were swoTn
and\examined on both sides, which occupied
nearly two days.
On the evening Of the second day, after the
evidence was closed, the counsel for The sts'e
in opening the argument admitted thefe w@
no case made out against VIM, and thai ', '
would be the duty Of the jury to acqut lbs
counsel for the defendant then rose ana sa,
ted that if the State was not to be conscelee
as yielding the case IN favor of the delenasA'
they would go on with the argument. wns'y s,
upon the Court suggested that the case eOuu
be or might as well be dismissed without W y.
ther occupying the term, to- which the "
trict Attorney answered that he would en's' !,
noIIe proseqa. To this the counsel lo' ~
accused objected and insisted that 'ne ~, ~
should return verdict in the case y y
Court, however, remarking that 1T w0ula Y
the same thing" the nogle psossqas was sD's' ~,
ed, and the prisoner discharged without W. y,
This occurred June 18th, 1853. tign' =,
afterwards. an affidavit wac made, IN 'DS 'V.I ~
ty, before Justice Wood by musaq v. y
son of the deceased, Johnson) agana p''.,
Winn as free mulatto for the salls Z
fence, upon which warrant was lssusa 4
the accused arrested. On the 2Sta us' 2. .
was brought before the Magistrate ~ sasa ,a.is
nation, and upon being asked wha.ne P'sss ;,;;a,
to the charge, rendered motion, ID VIE WI s
to quash the affidavit and warranL 49, ~ Z
his discharge. The grounds Of 'ns $50 ;ssor
were that the affidavit was made py ~ " 'I u \,
petent person; that the question oi Olvvu Il. Il,
already been adjudicated and thai W. y, 4
oner had once been in peril feI ms ~
offence, and was not liable to be aSa'
therefore, a
The motion was sustained, and "'n'
charged. 4
This case was very ably eoadscssa - y (
sides. VIM. T. Martini Carnot fe (
Thomas Y. Berry, Esqs. appearing r. ~,
State, and J. A. 7. Midderho6 J. . D. "a
er and G. N. Davis Esqs7 for the accu..s. as'.s.,.