The Russellville Democrat. [volume] (Russellville, Ark.) 1875-1898, 1889-04-11
The Marberry Murder Case.

charged with the murder of DR.. w.
G. MsrberTy near Dover March 10th
1889, was called and defendant be-
ing in custody, represented by Hons.
j. @. Wallace, of Russellville, and
K. B. Henry, of Morrilton, and the
State being represented BY her at
torney, H. S. Carter, Esq, assisted
by Hon. A. S. McKennon, of Clarks
vile, and Messrs. DAVIS Il Son, Of
Both parties announced
ready for trial and the empannelling
of the jury proceeded with. The fol
lowing named citizens composed the
jury: j. S. Church, Jas. E. Bstten
field, j. A. Moseley, Andrew Robin
son, j. F. Reed, /. S. Edwards, J.
II. Desnong, j. B. Sinclair, II. G.
Wick, Dallas Moore, p. w. Hinton.
The witnesses, beriDg at least
fifty, were then called, placed under
the rule by request OF the State.
The prosecuting attorney then
stated the case on the part OF the
State, reading the indictment pre-
sented by the grand jury for the
crime of murder in the first degree,
making clear and concise state
ment Of the evidence relied upon by
the State, occupying twenty min
utes.
Mr.. Carter was followed by Hon.
J. G. Wallace, upon the part of the
defense. Mr.. Wallace reviewed in a
touching manner the close intimacy
of defendant and deceased, lasting
almost continuously for the past nine
years, and showed that the N ost
confidential relation had, during
that time existed between the two
men and their families. He related
the sickness of defendant during the
year 1887, during which he was at
tended by DR.. Marberry, and stated
that the defense would prove that
during this illness OF defendant, an
adulterous intimacy began between
deceased aud defendants wife Cat
this point the State objected to the
counsel stating a conversation be
tween deceased and defendants
wife relative to defendant; objection
overruled by the court), and at this
point, defendants suspicious were
aroused and he commenced to in
vestigate the suspicious circumstan-
COS, which finally eliminated in the
tragedy on March 25th, last, and
that defendant, upon one occasion,
about three months ago, on going
home found deceased there, and
after charging his wife with her in
fidelity to him, she made full con
fession to defendant, admitting her
adulterous connection with deceased,
that upon another occasion de
ceased gave to defendants wife a
bottle of poison, with instructions to
her to give it to her husband, which
she promised to do; that the de-
Tense expected to prove that de-
ceased was endeavorlng to take
the life of defendant, and that the
adulterous connection was kept up
continuously from 1886 until the
killing of deceased. Occupying
forty-fve minutes.
Your reporter refrains from Civ.
ing the facts in detail until he hears
them from the witnesses.
The state then introduced her
witnesses in the following order:
TT. Perryman,of Dover. l am &C
quainted with defendant and saw him
in Dover on the 25th of March. last,
and heard him make statement of
the killing OF deceased, and l also
heard him make the statement where
deceased was found. He said that
he was expecting deceased at his
house, and that he saw him coming
and said Throw up your hands, you
id rascal" and that deceased had
pistol in his hand at the time, and
that he, defendant, then fred on him
with his shotgun, when deceased
ran and defendant put his dogs
on his trail; that he sfterward heard
deceased calling him, and he went to
him, and deceased said. "For Gods
sake, give me some water" that de
PENDANT said. "What in the hell
haye you got old man Wortheon out
here for? What in the hell does all
this mean Doc?" That he had start
ed off to get deceased some water,
when he heard a pistol crack, and
looking around he saw deceased try
ing to shoot him, and that he then
fred on the deceased the third time.
He said he did not lock at deceas-
ed after he shot him the third time.
II was nearly sun down when | heard
the deceased was killed, and | went
out as a citizen to look after HIM.
When | saw deceased his right arm
was lying with the elbow on the
ground and his hand standing near
ly straight up, his left arm was ly
ing across his breast, and there was
a wound in that arm above The wrist,
the right arm was broken, there was
one shot went in under the chin and
came out below the under lip, two
shot in the left temple, aud two just
above the heart in the left breast.
Defendant said that he loaded his
gun with % buck shot on that morn.
ing. While we were there defend
ant told Deputy Sheriff Barnard that
there was bottle near the corpse,
and after looking for some time we
found it near where defendant said
it was. On the next day day found
deceased's pocket-knife near where
his body was found. Defendant had
said, in his statement Of the killing,
that the pistol was on the left of the
corpse, and roll Of money in his
vest pocket.
(Court here adjourned until 1 80
O'clock