The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1886-06-12
GUILTY AS CHARGED.
The Verdict in the Maxwell-Preller
Murder Case.
The Southern Hotel Trunk-Packer De
clared Guilty Of Murder In the First
Degree-A Verdict COnscien.
tiously Arrived At.

was the verdict of the jury in the case OF
the State of Missouri Hgainst II. NJ.
Brooks, alias Maxwell, inner indictment !
for murder in the first degree. II was
anticipated by many, Endorsed by all.
When court adjourned few minutes
after eleven O'Clock Friday night one
ballot had been taken by the jury. 1t re-
suited in nine for murder in the first de-
gree, two for manslaughter in the fourth
degree and one for acquittal. Messrs.
Beggs, Barry, Coulohan, Chamberlain,
Childs, Jacobs, Hendricks, Blumen'
thai and Cahill voted for conviction;
Messrs. Barnett and Sears for man.
slaughter, and Dozier for acquittal.
After being conveyed to their sleeping
apartments, several hours were spent In
discussion. Mr.. Sears said he never
would convict Maxwell until he was en-
tirely convinced that he had murdered
Preller He believed he had committed
some offense and was willing to send him
to the penitentiary, but did not like to
shoulder the responsibility for his death
The States forces were led by Cahill,
Hendricks and Beggs, and they at once
began work on Mr.. Barnett, who was
chief of the opposition. They argued
with some success before retiring for the
night, and yesterday morning the issue
was again taken up.
Another ballot was taken about this
time and showed nine for conviction and
three for manslaughter, Dozier having
disabused his mind of the entire inno-
cence of the defendant. Mr. Hendricks
and Mr.. Cahill both made desperate at
tack on the position occupied by Mr..
Barnett. They showed how inconsistent
Maxwelps evidence was, but Mr..
Barnett was still uncertain. He was
somewhat in the dark regarding
the following instructions of the
court on circumstantial evidence;
"The Jury are instructed that they may
from circumstantial evidence alone find the
defendant guilty when the facts established
are inconsistent with any other theory than
that OF his guilt; but In order to find the de-
fendant guilty on circumstantial evidence
alone, the facts proven must be wholly In.
consistent with the Innocence OF the accused
and incapable of explanation upon any
guilt"
Mr.. Barnett held that the circumstan-
tial evidence was consistent with inno-
cence as well as guilt. He was shown
that II the killing had been accidental
Maxwell would have torn the undercloth-
ing off Preller instead of cutting it off
with scissors. BY this time Mr.. Barnett
came around and joined the forces of the
| State. Dozer and Sears still remained,
and in an hour they, too, were brought
around. The sheriff was notified that
an agreement had been reached, and
few minutes after twelve O'Clock word
| was conveyed to Judge Van Wagner.
At ten minutes past twelve O'Clock
Judge Van Wagner ordered the jury to
be brought in. A solemn hush fell on the
audience as the jury filed in and took the
seats which they had occupied so long.
"Have you agreed upon verdict,
gentlemen" asked the judge.
ave have" said Foreman Barnett.
Gland your verdict to the clerk and
let it be read," said the court. Mr.. Bar
nett handed the document to Clerk
| O'Ma!ley who read;
THE VERDICT.
estate OF Missouri VS.. Hugh NJ. Brooks,
| alias W. ii. Lennox Maxwell, alias, Il. G.
! D'Auguier, under Indictment for murder in
| the first degGee. We, the jury in the above
entitled cause, find the defendant guilty OF
murder in tive first degree, rs charged.
"W. 5. BARNETT, Foreman"
When the last word was spoken, Max
well turned his eyes hopelessly upon his
counsel, and the pallor in his face in
creased. Mr.. Fauntleroy asked that the
fury be polled, and as the name of each
member was called, he stood up and as
serted that the verdict was his verdict.
The Court then discharged the jury, and
the twelve were instantly surrounded by
a crowd of spectators, who congratulated
them upon their judgment. Mr.. Barry
said
"Nine of us had our minds made uE
when the case was given into our hands
last night. We believed from the evi.
dence that he was guilty as charged
The men who held out were sincere il
their doubts, but when we showed then
the points in the light we saw them they
came around. Dozier and Sears were the
last to hold out"
Mr. Hendricks, who is Master Work
man of a local Knight of Labor assembly
and who was talked at by both sides
said:
1--WE did not take Detective McCul
lough's testimony into consideration a
all. l believe the evidence showed
strong case of guilt outside of the alleget
/ confession. l believe that If the cas-
! rested solely on the evidence of Detectiv
Mccullough that Maxwell would neve
, have been found guilty. Mr.. Barnett wa
little mixed up on the instructions bu
came around all right after some time ,
Mr.. Beggs said: "Dozier was in doub
q whether the killing was intentional, a
Q many of the facts were somewhat con
sistent with the accident theory. w
a went over the evidence and instruction
and when the last ballot was taker
shortly before we came down, he wa
. with us. He is the most expert man wit
a deck Of cards that ever saw. Althoug
: he only has one hand, he could handl
cards better than any man with two"
Mr.. Barnett said: "The point tbs
a made me hesitate was the instruction o
Il circumstantial evidence. It says, IT
4 Al -, H.,