The Russellville Democrat. [volume] (Russellville, Ark.) 1875-1898, 1889-04-18

FOREHAND'S FATE.
THE JURY CoNvICTs HIM
OF Manslaughter and fixes HIS
Punishment
At Five Years i'm the Peniten-
tiary.
Report of the Trial and Synopsis
of the Testimony.

The trial of Charles w. Forehand
charged with the killing of DR.. w.
G. Marberry was concluded on last
Friday, and the case given to the iu-
ry about 8 o'clock p. m. Through.
out the trial the liveliest interest
was manifested by the crowd of peo-
pie who daily thronged the court
room eager to catch every word as it
fell from the lips of witness or attor-
ney.
The jury was composed of intelli
gent, fair minded gentlemen, who con
scientlously weighed the law and the
evidence and without doubt gave the
defendant the benefit of all the len.
iency within their power to give.
But for the mitigating circumstanc-
es surrounding the case and the pro
vocation under which the defendant
labored the verdict would have been
much more severe.
Our report of the proceedings is as
full and complete as our limited space
and the noise and confusion IN the
court room would permit.
Last week we gave the testimony
of Mr.. T. j, Perryman, the first wit.
ness. We follow with the testimony
of the other witnesses in regular or
der, as follows
Jas. II. Fry's Testimony.
live at Dover. / know defend
ant, and on the 25th of NJ arch heard
defendant say that he had killed de
ceased. Forehand said to me that de-
ceased had come slipping up to his
house and that he had killed him
He SAID, 81 was lying in the brush
near my house when deceased came
riding up and l called to him and
he pulled his pistol when l shot him
my wife SAID then, You have missed
him. i said no, it was the dc
gun" He said that he put his dog
on the track of deceased, and short
ly after / heard him call to me
that he went to him, and deceased
gave him his hand and said that he
loved him. (His testimony here il
exactly the same as Perryman's, rel
alive to defendants statement, the
time, place, ETC.. / went with the
party to search for the corpse of de
ceased and we had considerable
trouble in finding it. Defendant
made that statement TO myself and
w. A. Bai:d-the position of the
body was as Perryman de
scribed it, and the occurrences or
the ground about the same. Fore
hand SAID "The gist of the whole
matter is that Marberry was stuck
on my wife," and he also said thai
he did not look back after be FREQ
the last shot. Mr.. Barnard left de
PENDANT IN my charge, and there
were present defendant and his wife
myself and defendants father and
mother. Defendant said to me thai
he was in wait for deceased, anC
that he knew that deceased would
come when he heard that he, defend
ant was gone to Fit. Smith; that he
had sent little boy to w. A. Bair6
to borrow the money to 60 to Ft
Smith on, AMI that deceased under
stood that he would be gone to Fit
Smith. Defendant said that he had
killed deceased about II o'clock, NJ
on the 25th of March. (WitnesS
here explains the positions of the
parties from the diagram, in about
the same manner as Perryman did.
The boy spoken OF is an orphan, and
is living with defendant as one Of
his family. Defendant said that
when he shot deceased the last time
the latter was sitting up, and was
from what l gathered, about 5 or
steps from defendant. He also said
that when he first saw deceased, he
was coming toward him in stoop-
ing position, and that he called to
him, cursed him and told him to stop
that deceased threw his hand back
and drew his pistol, and that he fired
the first time, the deceased ran, and
he shot him the second time. De
fendaut did not say that he had sent
deceased any word about his going
to Fort Smith. (He here identified
the pistol as did Perryman).