Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1885-03-21

Ais eye, Oliy VI tduS do ti1o ldSI StEOA
ceased.-Saa Francisco Aygonnut.
RANSOM MORROW AND DIR. BRLLAM'
GRANTED NEW TRIALS.
From Nashville Banner, March "A.
The Supreme court met at 10 O'Clock
this morning. The case OF Ransom
MorrowaRnd DR.. Peter T. Bellamy, O
Montgomery county, convicted us &C
cessories before the fact to the murder
of james Brown, colored, in 1877, was
reversed, Judge Cooke delivering the
opinion. Judge Cooke said the only
| question necessary to be considered
arises upon the assignment of errors
by the defendants. The evidence
upon which the conviction was mainly
had. was the confessions or admissions
of VIM. Morrow, made to witnesses
that he had killed the deceased, and oil
Ransom Morrow and Bellamy that
they had planned it out or put him up
to it. Upon their arraignment each
plead not guilty, and moved the court
for severance, the motion OF each
being supported by his own affidavit
That of VIM. Morrow stated in sub
stance that he was jointly indicted
with his co-defendants, he as principal
and they as accessories before the fact
to the murder; that to convict the
affiant of the murder the state would
rely upon confessions which witnesses
had and would swear had been made
by said affiant to them to the effect
that he had acknowledged and con-
fessed the murder of them, and in
said acknowledgment or confession,
gave his reasons for doing the same !;
that Brown had attenlp.ed a rape up
on Mrs. Bellamy, the wife of his CO.
defendant; that he desired the testi-
mony of his sister to prove that Brown
did make an assault or attempt short
time before the alleged killing by
him; and that his co-defendant, Bel
lamy, and his wife, the sister of said
affiant communicated said fact of said
assault to him Immediately after the
happening of the same and immed-
lately after the happening of the
same and Immediately before the al
legged killing of said Brown; and also
by said co-defendant, Bellamy, that his
wife had immediatly communicated
the fact of said assault having been
made upon her to him as soon as she
had opportunity to see him, and the
effect of said assault upon her; and
that he could prove these facts by no
other witnesses known to him; and
unless severance of the trial was
had, he might be deprived of the
benefit Of said testimony, either as an
acquittal of said crime or determin-
ing the degree thereof; also that the
State would rely, as against his code
PENDANTS, upon certain alleged conles-
sions which witnesses would swear
were made by each of said cO-defend-
ants to them, which were not made in
the presence and hearing Of said
affiant, and the necessary effect Of the
same upon joint trial would be to
prejudice him, although incompetent
as evidence against him.
The affdadavit OF Ransom Morrow
stated in substance that the state, in
order TO establish said murder, would |
rely upon certain alleged confessions
of VIM. Morrow. not made in his pres |
ence, that he (Wm. Morrow killed |
the deceased, and which said confess
ion included statements that said |
affiant counseled him to do so, and |
that said alleged confessions, while not |
as evidence against him, |
would necessarily upon a joint trial |
prejudice him in the minds of the |
Jury. That said Brown, negro, did |
before the killing make |
an assault with intent to commit a
rape upon his daughter, who was the
wife of his co-defendant, Beliamy, and
his fact can only be proved by said
Beliamy and his said
wife, the daughter of affiant, and /
without severance he was advised
hat he could not have the benefit OF
aid testimony; that he could also
prove by said witnesses that he was in
ormed by them Immediately after it
occurred of said attempted rape upon
his daughter.
Bellamy, in his affidavit, stated that
ne did not counsel, advise or in any
manner procure William Morrow to
commit said murder, and that he can
prove by said William Morrow that he
lid not either counsel, advise or in any
|
ceased, Brown; that he knows of no
,ther person by whom he can prove
hese facts, and without severance he
s advised that he will be deprived OF
aid testimony.
The court held that the lower court
rred in not granting severance, and
heretore reversed the judgment, and
the cases for a new trial.
Morrow and Bellamy listened very at
to the reading OF the opinion,
nd tears of joy filled their eyes at its
They were removed from
ourt-room and taken back to Jail.
The case OF Louis Lowe, colored,
onvicted and sentenced to fifteen
ears imprisonment, for burglarizing
he residence OF Mr.. CARROT, at New
Montgomery County, was
ffirmed. 1t will be remembered that
'urglars entered the house, and that
Ir. Carrot shot and killed one and
another. Lowe was arrested,
nd the evidence against him was so
trong that the jury rendered verdict
t guilty, and assessed his punishment
fifteen years Imprisonment.