The Russellville Democrat., 1880-10-21

to pay. My He Is sweet to me. It seems that my attnrncys have done all they could for me. hope the supreme court will grant mo new trial. If not I hope you, Captain Mckennon, and the court will meet me in Heaven. l bear you no malice. You, Capt. Me- Kennon, have said that my skirts were stained with that woman's blood, but fear your skirts will be stained with my innocent blood;, (to which Capt. replied, ''I have nothing to fear; will risk that.") Emory then observed, "I have nothing more to say"
 When the doomed man had conclud- ed his remarks
 JUDGE W. D. JsCowAY
 or the bench, said: "You have been afforded the constitutional right to speedy and public trial by an impartial jury of your own selection, a jury of twelve good and lawful men, of fair character and approved integrity, of sound judgment and reasonable infor, nation, who, after having patiently heard and considered ali the testimony adduced on the trial of the cause, the instructions of the court and the argu- ment of the counsel, retired to consider of their verdict, and afterwards return ed into court with the following ver- dict: "We the jury find the defendant guilty of murder in the first degree in manner and form as charged in the in- dictment." By their verdict the jury have said upon their oaths that they did not entertain reasonable doubt of your guilt. You have Tn the brief re- marks which you have just made charged the court with being harsh and unjust in it's rulings against you. Suf- flee it to say, the rulings of the court have been uniformly made in conform ity to what conceived to be the letter and spirit of the law, and with a con- sciousness of the fact that in the eterni> ty to which we are all rapidly tending We must all answer for the deeds done in the body before the Judge of all the earth. I might on this occasion briefly refer to the testimony in this cause. the sickening details of the horrible crime with which you are charged the confiding and helpless condition of your hapless victim; the horrible scenes of this foul murder, and the facts and circumstances which point with unerr- ing certainty to your guilt. But it is not required--it is not necessary; and it cannot afford the court any pleasure in this trying ordeal to add single pang to your troubled soul. It only remains for me to perform one Of the most painful duties allotted to mortal man. The judgment of the court is that you,
 CALHOUN EMORY,
 be now taken to the jail of Pope county and there be safely kept until
 FRIDAY, THE 17TH DAY OF b EclMBER, A. D. 1880, on which day between sum rise and sunset. the sheriff of Pope county shall hang you by the neck until you
 ARE DEAD,
 and may God whose laws you have offended have mercy upon your soul.
 State ys Mac Bonds, horse stealing. Jury sworn and empaneled, to-wit: K. B. Potts, Erastns Fitts, J. B. Sullivan, John c. Darr, John Kasey, W. F. Bar ton, E. l.. Davis, v. N. Manley, W. H. Patrick, Allen Womble, J, NJ. Carter, and John Turner. Capt. A. s. McKen- non, prosecuting attorney, and Messrs. Carter & Wilson on the part of the state, and Judge Davis and Co.'s. J. G. Wallace and W. c. Ford for tho de> fendant. Jury after hearing testimony without retiring from the box returned verdict of "not guilty" evidence no. sustaining indictment, variance in the charge, the proof and nature of the the offense.
 State vs. Zach Trentham, rape. The jury in this case at three o'clock D. m. returned into court the following yer dict, to>wit; "We, the jury, find the defendant not guilty, as charged in the indictment" The jury being boiled upon the calling of each name in re- sponse to the question, "Is this your verdict In this case?" replied, "It is," and thereupon the prisoner was dis charged.
 State vs. Wright Smith fsr bigamy, was continued until next term on mo- tion of defendant; state vs. Thos. Clen- denning, felony, continued until next term of court by consent; state vs. J. w. Crawford, misdemeanor as oyerseer of road, submitted; plea of guilty and fined five dollars; state vs. l.. W. Rags dale and W. D. Hickey, dismissed on motion of prosecuting attorney at the cost of the defendants; state vs. B. V. Bewly, jr., for contempt on attach- ment; the defendant discharged upon payment of costs; state vs. J P. Tank ersly for contempt of court, defendant fined $500; state vs. John Campbell and Ashley Roberts on forfeiture of recognizance; submitted and counsels to furnish briefs as an early day; state vs. Rufus Barker, contempt; the fine,of ten dollars entend against defendant