The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1868-07-04

CIRCUIT CoURT-HIs Honor, w. Il. Bond,
Judge Of the Circuit Court, arrived hers lat /
Monday week, IN company With Attorney |
General Tally, ard promptly proceeded to /
business. Up to Wednesday week several !
important suits were disposed Of, when the
criminal docket was reached The case Of /
the State IS. r. D. Cross was continaed until
the next term. Wiley Howard, Eng was
found guilty Of larceny and sentenced to
the penitentiary for three years.
Friday evening the case Of the State rs.
James Mitchell was called. Attorney Gen
eral Tnlley read the indictment, which
charged defendant with killing w c. Mash
burn, in this place, on the 3Ist day Of De-
cember 1867. R. H Wood, james Fen
tress and Attorney General Tally repre-
scented the State, while j. q Dennis and II.
NJ Hill were counsel for the defense. a
large number of witnesses were exam ined,
and from the testimony given we CLEANED the
following facts Late in the afternoon of
! December 81, 1867, defendant entered the
grocery house Of Mashburn & Mckinney,
/ in rather a boisterous manner, and was
thought to be drinking. lie and deceased
/ had some words over a small account; a fuss
/ ensued; deceased struck defendant with a
chair first, and then twice with an old spade j;
defendant retreated out of the house, drew
a large six shooter navy size, shielded his
/ body behind the wall Of the house next the
door, and with considerable deliberation
fired upon deceased four times, who was
unarmcd, but striving by throwing weights
( to divert the deadly missiles. At the first
fire deceased was mortalIY wounded, having
been shot through the lower bowels from
hip to hip. He died the following day.
After defendant fred four times, and after
deceased had thrown up his hands, appeal
ing for mercy, his murderer. snapped the
remaining two caps, evidently intending to
shoot again.
Mr.. Fentress closely reviewed the testi-
mony, and in a touching and expressive
manner pictured the great wrong done de-
ceased and the consequent hardships en-
tailed upon his widow and orphans He
was followed by Fl. NJ. Hill, one Of the
counsel for the defense, in handsome and
characteristics speech. He received the at
tention of the Court and jury for an hour
and a half Then followed r. H. Wood, for
the prosecution, with all the power of his
great ability as a lawyer of the first order
He was followed by James B. Dennis
counsel for defense, in a speech of fou1
hours length, and though he brought the laws
of Tennessee and the various decisions o.
learned Criminal judges to bear on every
point of this most interesting case, he could
not, by any human means, change the posi-
ton of the parties at the time the shooting
4 took place. 1t was clearly proven tina
Mitchell was assaulted by deceased with
chair and spade, but it was clearly demon
strated to the jury that at the time Mitchell
fred the fatal shot he was in no danger o.
receiving great bodily harm, or had gooc
cause to believe that his life might b.
taken, as he was standing outside of the
house, with his body protected by siz
inch wall The Attorney General closed
the case on Tuesday, and His Honor, after
brief but pointed charge, gave the case t,
the jury, who, having been out two or tire,
hours, returned a verdict Of guilty of muir
= der in the second degree, and fixed the tern
of imprisonment at ten years in the State
prison. The next case on docket was tina
of a negro man charged with burning th
property of James Crews, Esq. After
patient hearing, the accused was founc
guilty and sentenced to two years term il
the States prison. Next in order came til
1oHysgog case-for the sake of decenc7
Wen say nothing about it, only that it ha
been postponed until the next term Of court
and that full list Of able barristers are en-
gagged on both sides OF this we shall SCI
what we shall see The case Of Doyle as
Doyle, plea for divorce, was thrown out 0
court. A large number of civil cases hay,
. been disposed Of Last Friday there wer
sixty five cases on the trial docket, and sixty
four cases on the State docket As Hi
Honor is in i'll health, we suppose that cour
F viii adjourn to-day until the next regula,
term. We learn that the Grand Jury woke
things up with a lively turn. Look out
Since the above was put in type motor
was made by the counsel Of James Mitchell
for a new trial. but the Court declined t,
grant the same. The ease was appealed.
Owing to the fact that most of the law
yers, as well as the Clerk and ATTORNEY
General, were complaining of i'll health
Judge Bond adjourned Court yesterday eve
ming until the next regular term.
We HoPa Irs PExDLEroN.-This is tb,