Arkansas weekly mansion., 1884-03-15
WRIGHT TO BE HANGED.
The Supreme Court Refuses the
Motion for New Trial.
Deciding That He WAS Guilty of
Murder Pure and Simple.

The supreme court last Satur-
day morning, by Justice Smith,
rendered the following decision
in the case of Wright, one of the
Howard county rioters, on a mo-
tion for new trial:
THE OPINION.
Charles Wright vs.. State of Ar
kansas, appeal from Howard.
Opinion by Justice Smith.
Wright was indicted, jointly
with others, for the murder of
Thomas Wyatt. Upon a seper-
ate trial he was convicted Of mur-
der in the first degree. Motions
in arrest of judgment and for a
new trial having been denied. he
was condemned to be changed, but
prayed an appeal to this court,
which was allowed, because the
names of the other defendants
were not set out in the indicta
ment copied into the transcript.
This effect has since been cured
upon the award of a writ of certi-
orari. Counsel have discussed an
alleged irregularity ip the forma-
ton of the grand jury, and An al
legged failure to furnish the de-
fendant with a copy of the indict-
ment forty-eight hours before his
arraignment. But neither of
these questions legitimately ari-
ses upon this record. They are
both raised here for the first time.
When he was arraigned he plead
cd not guilty. IF he had any OBJ
lection to the organization of the
grand jury, that was the time to
make it, and the mode of making
it was by motion to set aside the
indictment. BY pleading to the
Indictment, he waived the ille-
gality, if there was any. Gantt's
Digest, section 1929; Dixon vs..
State. 20 Ark, 165::
TnS--a does 49,
whether Wright was served with
a copy of the indictment before
he was put upon his trial, or not,
But he was represented by coun-
sci who were aware of his legal
rights, and in the absence OF any
demand for a copy, and in the alb
sence of any affirmative showing
that he was not so served, it will
be presumed 1T was done, or else
that be waived it. Dawson vs.
State, 90 Ark, 116.
No objection is perceived to the
form of the Indictment. 1t charg
ed that the defendants "wilfully
feloniously, of their malice afore
thought, and with generalization
did kill and murder" Wyatt by
shooting him with guns loaded
with gunpowder aud leaden bul
lets.
The motion for new trial ques'
toned the sufficiency of the evi
dence to support the verdict
Wyatt was killed by mob o.
colored men. From indications
in the record it is probable that q
feud existed between him ant
them on account of some previou:
quarrel in which he had been in
volved with one or more of thei
race. On the day that the kill
ing occurred, he was peacefully
blowing in his field. He lived
near the line between the coun'
ties of Howard and Hampstead
The mob came from the direc
ton of Hampstead. They were
all armed, fifty or seventy in mum.
Der, and some or ull of them
mounted. The defendant was re
cognized in the crowd by severa
witnesses. He was armed with
deuble-barrelIed shotgun and 6
six-shooter. Threats were openly
made against Wyatt, and indeed
they announced that they were
after him. The defendant was
asked if they had any warrant fol
him; and he said they did moi
need one. They first went te
Wya+t's house, but not finding
him at home, went on to the field
! Wyatt was informed that they
were at hand, and attempted te
escape; but he was surroundeo
and hunted down like a rabbit
HE friends who convey ed the in
telligence that the negroes were
coming gave him pistol witt
which to defend himself; anc
| ii 49,: xX-o+t ,ybop ha wa,