The Russellville Democrat., 1880-10-14
CIRCUIT COURT NOTES.
DovEn, MoNpAY Oct. !, lssO.


 Pope circuit court convened on Mon- day 4th inst. when trial in the case of the state vs. Emory for murder was re- sumed. Messrs. A. 5. Mckennon, prosecuting attorney, Judge l.. ". Davis and Col. J. c. Wallace, assist ants in the prosecution, and Col. I. l.. Fielder and J. r. Byers, counsel for the defendant, addressed the jury in very iong and able speeches. The de> iendaDt, Cal Emory, was permitted to make a statement to the jury in which he very feelingly declared his inno> cenee of the crime of murder, admit ting some of the statements made by the witnesses, and denying others. The arguments of counsel to the jury were not closed until on Tuesday three o'clock p. m. Col. Byers having been telegraphed for that morning to attend ths bedside of his mother left the elos> ing ou part Of the defence to Col. Fielder, who made an excellent and very able speech The speeches of Judge Davis, Col Wallace and Col. Byors, which 1 did not have the good fortune to hear delivered, were regard ed and said to be masterly efforts and rodounding to their credit. l heard the closing speech Of Col. A. 5. Me Kennon, prosecuting attorney for the 'State, aud can safely say it was one of eloqusnee; logical, rational, aud com yiuoiug to any unprejndiced mind, going into every mineutia of ths testi- mony and connecting link by link all the circumstances connected with the murder.
 The jury were instructed by the court and placed in charge of the sher- if when they retired to consider of their verdict, aud after being in session ten days Sunday interveniug) return cd into court on Thursday evening at three o'clock with the following yer dict in the case, to-wit; "We the jury find the defendant guilty in the man. ner and form as charged in the indict- ment." Signed, 'B. ". Alien, fore> man Col. Fielder, attorney for de. fendant, called for the polling of the jury. which was ordered by the court, and the clerk called the names of the jurors, and as each juror answered to his name, he was asked bY ths court ii that was hIs verdict, to which an sudI> ble answer WAS given cit is.n
 The defendant, Cal Emory, then asked leave of the court to say few words to tine jury which was granted, when he arose, drank glass of water and said
 "May t please the court: Gentle men Of the jury and fellow citizens Ton have rendered your verdict by which I am to he hung. would swear before high Heaven with his right hand uplifted] ] an innocent of the crime. never murdered that womsn or ever even thought of such thing. am as innocent Of it as an angel in Heaven, You believe you have dis charged your duty under your oaths in accordance with the evidence given against me, but never did make the statements to the witnesses which they testified to, and which has led you to say that am guilty and must be hung, and if am hung it will he upon testi- mony never gave utteranoe to. The God in Heaven knows l am innocent and l will declare it to be so on the Gallows. The day will come when in Heaven tho facts will bs shown of my innocence. l nave as great 8 respect for woman ss any one. l know I did wrong, and it may have led her to de- stroy herself; but never once thought of such 8 thing. I asyer did lay the hand of violence upon her, and will declare my innocence as | have said before, on the gallows thank you, geAtiemen, for your attention while addressing you. have nothing more to say" And he took his seat, having received the profound attention oi court, bar, jury and citizens.
 Mauaeles were then placed around his ankles and under the order of tho court was reconduoted to tho jaii from which he will be brought St future day to receive his sentence. The jury returning the verdict in this case were, it is conceded by alT who saw them during the trial thereof, considered to be one of the most intelligent and on- ! lightened body of men that were ever called upon in the county to try and determine a crime Of such importance and magnitude and their taking five days to arrive at a verdict shows that all the testimony was fully and prop erly weighed for and against the pris. oner before they rendered their verdict Of guilty,
 On Tuesday and Wednesday the fol- lowing proceedings wore had, to-wit; the stage ys. J. c. l.. Davis on recogai- zance for felony, tho grand jury dis missed the case and the defendant was discharged by tho court; the state Ys. Ed Wooten fer misdemeanor, nole prossqui entend by the state; state ys. lT. '. Perdue, mlsdemeanOr. (three