Daily Republican., 1881-12-01

INC Irisi " mrs. Leach "a.
ueo aud Verdict of ma, nelu! i!
Csrberry s.u,....l' ..l'.
!" 'he Extreme Penalty ,o'sesd
.A"sh'or-Nesi. . Trial Commsn msn'
.,i Goui. recommended at 10 o,.,o.,
this morning, and resumed tho IN clock
case. The Deputy states ns Leach
closed the argument for the snta,..orney
after being charged by Judge e, Han,a and
,etlred Tor d''iberation. MorriSo iSus,oa S
perry who was yesterday fonnd 70 ,A Var1
OF Mansiaughter, was brnnn,s saiy
Court to receive his sentence, H. H. lafd
asked permission to say a tew 10y
before the Court passed sentenoa word
He said that while he and NJ
had done everything in their novDs na'e
thelr unfortunate client, he rtIe' st;I, i, 70
that their duty would not be fnll. ,,' lei
pleted unless he presented a fa!. coilj
slderations to the Court. M w." con]
then called the attention of tho ~, Lor(
the fact that a majority of tho hoout' !'
We're in favor of acquittal, "0 juror,
He also spoke of the prisoner q,
old man, already broken down % ia
seven months imprisonment ,n, ~ltl
asked of the Court to mercifn,," "nu
the punishment as light as nos.;,i i'"k
The Chief Justice after oa,o's. o,."s,,
reviewing the case, addrsssedI ~
prisoner, and said that he Ed" thoDs, "
that under the evidence that had dl'Isn Issa
presented to the jury, the u nri,oee "eeo
should feel very grateful to than br,.',,le vi
they did not bring in verjic, " wa
higher degree. The Chief Jus,io. W W.
that the prisoner had had ta;r sal aa
impartial trial, aud had been jstsn1 . 1a
by able counsel who had CLOSELY 0on
tested every point that Would bsnss us
the prisoner. ''Ae'l
He could not see that there We're a,
parts in the case that deserved A naT,,
,ion OF the penalty imposed By ths Ia
he would therefore sentence him n m
extreme penalty Of "a fine of Si,Ooo III
costs of the case and to be impri1ns
for 5years. After passing senteuc. III
Chief Justice said that where N,
would be governed by his bad passion
he must be- made an example Of.
Thus closes one of the most rema,l,
BILE trials that has ever been before m
Courts OF this State Carberrys conn
sci have left m stone u,turod \
secure his acqu'ttal, and have brourll
to bear upon the Court the laws an
opinions Of eminent jurists for the pal
four hundred years. The counsel "a
the State have met them at ever
point, and the consequence has bee
that some of the most able arrume,t
that bave ever been heard in a Couu
justice, have been delivered in this case
The jury in the Leach case came
and rendered verdict of "Not guilty.
William Nes was then brought in,1
Court, and the empanelling of Jury ID
try his case was commenced. The prd
ceedings thus far indicate that this cas
will be closely y contested on every point
as up &c the adjournment of Court therI
had been II Jurors called, OF whom onI
2 had been accepted.
When the name of Curtis NJ. Tailed
was called, Mr.. Higgins for the defense
waived the question as to whether hi
had formed or expressed an opinion
when the States Attorney objected, and
said that he had understood that Md
Talley had stated that he expected u
be called ON this Jury, and he did no
believe him guilty this lead to a lonl
discussion between counsel, when th,
Court ordered Mr. Talley to stand on|
side for the present. At O'Clock Cour
took recess until o'clock this after
noon.