Daily Republican., 1881-06-25
The spetember List OF Capital
Cases.

Inc september term Oh Court va
from present appearances be distil
giushed for tie large number OF cases
capital nature which will be brougI
before it, and if all are tried at tina
court it will be unusually lengthy an
interesting.
First there is the William Neal rap
case which owing to an appeal to IN
United States Supreme Court has gain
ed national reputation. 1t is tru
there are some doubts yet as to tn
legality of trial at the Septembe
term for Neal, as the same objection
might be raised against the manner IL
which the Grand Jury was selected
which found true bill against him
The illegality of the conviction OF Nea
lay in the fact that there was a StudieC
attempt to exclude negroes from thu
petit jury panel selected by the Levy
Court and from which the jury which
convicted Neal was selected. The ques
tion is did the decision of the Supreme
Court cover the Grand Jury as well as
the petit jury If it did then his case
will undoubtedly have to be brought be-
fore another Grand Jury, and if that is
done, then the same difficulty arises.
There are no Colored men on the present
Grand Jury, and but one on the petit
panel so far as the names have been
drawn out. These anticipated objec-
tions may not hold good, but the deciS-
sion of the United States Supreme
Court in the case naturally brings them
up.
The second capital case which will
come before the September Court is that
of Carberry charged with the murder of
the colored man Samuel H. Adams in
the Old Ferry Rolling Mill. This case
has been ret apart specially for the
September term, and there seems now
no doubt that it will then be tried.
. The third case of a capital nature is
that of the colored man Atwood Car
penter charged with the murder of a
young colored woman named Smith
who was reported to have died of small
pox and was buried in haste before the
circumstances of the case were fully
brought before the public by reporter
of the REPUBLICAN. 1t is just possible
that an objection may be made by the
Grand Jury in this case if true bill is
found on account of no Colored man be-
ing on that jury.
The last and fourth capital case for
the September term is the late homi-
eide whic ch took place yesterday morn
ing at the Holly Tree Inn in which |
James H. Guinty lost his life by an at
tack of heart disease superinduced by
excitement from blows struck OH the
head! by the tramp Joseph Mowbray
This will be very intricate case and
the grade of the crime will depend upon
and be established entirely by medical
testimony. This is strange, intricate
case from beginning to end, and will
elicit much comment by the public.
The following brief sunni ary sets it
forth in a comprehensive light: Joseph
Mowbrey dissolute, drunken tramp,
entered the Holly Tree Inn in quest of
something to eat, but he had no money,
and was told to 60 and get an order for
something to eat from one of the mana
ayers whose place of business was but n |
few steps from the inn. He became
violent and abusive and being ordered |
out and declining to 60 to the Superin-
tendant, Mr.. Hickman and the now de-
ceasel man, Mr.. Guinty, enforced the
order, not abusing the man but simply
using force sufficient to eject him from
the building AT the Market street en-.
trance, Mewbrey struck Guinty with
his fist on the left temple making a
slight abrasion of the skin, and in re-
turn. Guinty struck Mowbrey in the
mouth knocking him out of the door to |
the pavement. A second or so after
wards, Guinty goes back towards the
kitchen declaring to colored female |
cook who interrogated him that he was
struck with half brick with a very
sharp edge which he carried in his hand
and Immediately tainted away and was
carried up stairs where he died in few
minutes. An examination of the wound
by DIR. Morrison revealed no fractured
skull, nor violence sufficient to produce
death. |
This opinion was confirmed by doc
tors Ogle and Springer County pllysi-
clans who with DR., Morrison held a |
post-mortem examination in the after.
noon. They were unanimous OF tbe
opinion that the blow ,,as not the i'm.
..s menia.e una. CAUSE 81 death,-ipIeed was not
sufficient TO produce death, but they
we're unanimous of the opinion that
death was caused by heart disease
brought on by the excitement caused
by the fracas in ejecting Mowbrey from
the house and by the blow received
upon the left temple. This we believe,
ia about the whole sum and substance
of the case and the coroner's inquest
very properly deeming Mowbrey to be
the indirect cause of Guinty's death, as
much so as if the blow he struck him
had produced direct and immediate
death referred the case to court.
Tt is one which will no doubt call out
considerable legal and medical talent.
The theory that Guinty was struck with