Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1890-06-28

liberal with the defense, and that un
der them an intelligent jury can hard
~ convince the eX treasurer OF einbeZ
element.
Hon. &. NJ. Williamson opened th,
case for the State in "A speech OF ont
hour and two minutes. lie reviewed
the testimony from beginning 10 cnt
and made very light of the testimony
introduced by the defense to Prov
the good character OF the defendant
and said he noticed they had heei
very careful TO not try to prove an!
character tor Col. Hemingway sinct
this embezzlemcnt became Known
His speech was pronounced a mas
tcrly effort aul made everything look
pretty black for the defendant.
lie was followed by Judge 5. 5. Cal
houn. Marccllus Green and Col. w
l.. Nugcnt for the defense. Their APP
pcals for Justice were strong and The
z. ounds upon which they asked il
were that sufficient time had not been
given him to get up Il correct state
mrni. and tina, us far as they had been
able to examine they had already
found thousands of dollars in mistakes,
They commented at length upon the
previous good character and rrputa'
ton of Col. Hemingway. and cxplo-
dcd many of the items claimed TO have
been cmbezzlcd. Their speeches were
all TO the point, and mnde fine impress
.ions on the large audience. whether
the jury was moved to compassion or
not.
District Attorney Miller is closing
for the State, and thc jury will be left
to decide the question tonight Rcts
on the verdict arc two to one that It
will be n hung jury,
Jackson. Miss, June Assignments in
the great Hemingway case were closed last
night by District Attorney Miller in one oil
the most powerful speeches that was ever
delivered in the Capital City of Mississippi
either before a Jury, in the Supreme Court
room or in the legislative halls.
This morning an hou. before court con.
vcncd Il large crowd had assembled TO heal
the verdict read, it having been reported
on the street that one had been reached,
Col. Hemingway sat Immediately in front
of the Judges stand when the clerk read
the verdict: We, the jury, find the defen.
dant guilty as charged in the indictment
and recommend him to the mercy of the
court. lie was totally u%nprcpared for such
a revelation, and was utterly stunned by
the force Of ,he blow, but made no demon.
s%tration to indicate Its force, except that
his countcnance assumed an ashcn hue,
and he seemed at last to realize the full ~.
tent of his situation.
Judge Calhoun then offered the following
motion;
'And now comes defendant and valves
the arrest of judgment because the indict.
mcnt as returned into court does not charge
any oflcnsc known to the laws of the state"
After discussion by the state aud defense,
the court ovcrruled the motion.
The defense then made another motion
asking for Il new trial, but Judge Chrisman
oyerruIed the motion and asked Col. Hem.
ingway if he had anything to say for him.
self. lie replied 81 have nothing to say
but after u slight pause he continued:
81 believe l will make a few remarks. -
Realizing the terrible situation in which 1
am placed, l find 1t extremely difficult to
formulate words to express my feelings.
must protest against the undue haste with
which the case has been worked up against
me. The district attorney has worked a.
gainst me with II yigilant persecution here.
tofOre unheard of. lie made the original
affidavit against me and took no steps to fix
the amount of the bond, and after being
fixed he made no effort to have it raised,
which goes to show he believed in the depth
of his heart that | was innocent.
The amount of my bond is only $4,000,
and the amount ! am accused of abstract
lug is over S3l6,UO0. How easy it would
have been for me, if guilty, to have paid
the little bond and gone beyond the juris-
diction Of this court, or any other court
Never before has Il case of such magnitude
and importance been brought to trial in
such an unwarrantable and hasty manner.
Errors have been discovered AMI proven
here which, II not Tor the last speech of the
district attorney, would not only have ere
atcd a doubt, but absolutely carried %convie-
ton of my innocence. His speech was the
most unfair, unjust aad dishonOrable that
ever fell from the lips of a law officer.
II stand before this court and this audi
ence and assert my innocence. have been
convicted by a jury of my cOuntrymcn;
may 20 to the penetentiary and die there,
and when | 90 to the bar Of God may 90 to
hell, but thank God, | will never fall to the
level Of that man, [pointing to the attorney
This tirade of abuse heaped upon the dis
trict attorney by the convicted eX-treasu.
rer, created a fearful excitement Col. Hem.
ingway stood until Judge Chrisman said,
:" sentence YOU to the pcnetentiary for tive
years" and then breaking down complete.
ly he dropped in u chair and burying his
face in his hands wept aloud, bcwailed the
disgrace that had fallen upon his family.
and with the arms of his son around hi.
neck. cried as if bis heart was broken, and
denounced Mr.. Miller as u villain and a
scoundrcl," repeating il over and over Il.
gam. During this pandemonium, when his
relatives and friends were Offering %consoli,
tons and repeating their assurances Of be.
lief in his innocence, Judge Calhoun ar
ranged for an appeal, and Col. Hemingway
was released on u $4,000 bond to appear
before the Supreme Court IN October next.
did More Good than all Other Top.