The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1883-08-02

NASHVILLE, July -. The jury in the
case Of Marshall +. Poik, former treas
urcr Of Tennessee, yesterday found the
defendant guilty; an'! !ix".l lis tern, Il.
the l'cnilcHtiary At twenty wears \
fine OF 500 so ~, the amount at mhich
the jury fixed the deficit, wa, also entered
against the defendant. The officer who
was in charge OF the jury came into court
q few minutes before . O'Clock and stated
to Judge A lien that the jury had agreed
on IL verdict. Mr.. Polk was not present,
as lie was not aware the Court met so
early, but he arrived shortly after the
jury did. The appearance OF the jury on
the streets Of course suggested the idea
that they had agreed on Il verdict, and
by the time the defendant entered tn.
room the courtroom was about half filled
When Polk came the jury was RANGED, up
before Judge tiicn and thci. naui.', were
called by the clerk in or,icr tu ascertain,
if the full jury was present In answer
to the question Of Judge Allen, if the
jury had agreed, S. II. Stone, the fore.
man of the jury, replied that they had
found the defendant guilty, and had
given him twenty years in the peniten,i.
ary and fixed his fine at SPOT, ,5lO.l
The announcemcnt of the verdict was
made in low tone by the foreman, and
was not generally heard by those present.
Consequently there was not so much OF IL
sensation caused as might have been ex-
pected. Mr.. Polk did not hear il, and
asked Judge East what it was. On
being told what it was, there was no
change in the extrcasurers's face, and
whatever passing emotion there may
have been in his mind WAS not indcxed
OH his face.
After the jury had been discharged
Judge East came forward and asked to
have a motion for new trial entered,
which was done. Judge Allen said to
the attorneys for the defence Gentle.
men, / am nearly worn out, and need
rest, and Furthermore, am compelled to
60 to Murfrccsbnro' in II few days to hold
court, and for these reasons | would be
exceedingly obliged TO have you dispose
| of this motiun to day, as | am ns rrady
to net upon it now AZ / ever will be,
unless you have some new facts Of which
| know nothing" Judge East replied
that it would be impossible to argue the
motion then rs the attorneys for the de-
fence were preparing the bill Of cxccp.
tions. He thought. however, that the
motion could be argued the next day Ito.
day.
Several of the jurors. after their dis
charge, stated that but one ballot was
| taken. That WAS taken the night before,
| and on that ballot it was seen that the
jury were unanimons for guilty" They
| regarded the evidence as convincing.
| There was no difficulty in arriving at the
limit of the imprisonment.
To-day tho counsel for the defence
read an affidavit in court from two wit
nesses accusing ono Of the jurymen in
this cnse with saying that he was coming
to Nashville to sit on the jury, aud he
would see that Polk was hanged. The
case was continued until tomorrow tc
| enable the officers to subpoena all the
witnesses in the matter. The object OF
the affidavit is to prove the incompetency
Of the jury and thus obtain Il new trial
| Motion for IL New Trial Denied.
| NASHVILLE, July 29.-In the Polk
case yesterday Judge Allen over.uled the
motion for a new trial, and passed sen
tence upon tho prisoner. The case wa.
appealed to the Supreme Court, and the
bond raised tc $4,000, which was given