Oxford eagle. (Oxford, Lafayette Co., Miss.) 1876-current, 1890-07-03
HEMINGWAY FOUND GUILTY.
Sentenced - Ffve years ~ the rsais~a-
tisry-rhs D~fenasss Deacaae>s IN.
District Attorney and Reiser.tss Hs.
fnnoc~ne~.


JACKSON. MIss, June 2s.-rs became
surrent on the street this morning tha.
the jury in she Hemingway cass bad
agreed upon q verdict. An anxious
crowd appeared ~ the courtroom.
Promptly at . o'clock Judge Chrisu,an
took the bench. Defendant and his
counsel were on hand. At two minutes
past . o'clock the iury died into court
The judge asked IL they had agreed
upon their verdict, and an Affirmative
response was given. and By direction Of
the court. the verdict was handed 20 the
clerk. who read: we. the Jury. and
the defendant guilty a. charged in the
Indictment, and respectfully recommend
him ~ the mercy Of the court" The
counsel for the defendants at once asked
for time TO ale a motion In arrest OF
4 Judgment
I The motions in arrest OF Judgment and
for new trial. were each argued a,
length The grounds for the nrss wese
shat the indictment, va. Illegal. and for
the latter motion. among other things.
that the Distric, Attorney. in his con-
GLIDING speech TO the Jury. conducted
himself improperly. and went outside
the evidence. and thus prejudic~d the
minds % the jury bya suggestion on GER
tain inculpatory facts not In evidence.
and based his argument thereon and
stated matters Of fscteontrary 70 the evi
dencein thisease. Various other grounds
{ were alleged
After considerable DISCUSSION on both
sides, Judge ChrtsmAn said:
The court feels keenly the criticism
on the character Of the argument made
[ By the District Attorney, because. while
| there was extenustion for him. eonstd-
7 ering his surroundings and the heat Of
/ the argument. there would seem TO be
none for the court when IL failed 70 m
T terrupt him when he made reference 20
the signers on the bond Of the defend
ant The other remarks complained Of
T the court considered as an illustration
/ instead Of a commen, upon a fact. but
the leading and controlling question il
the guilt or innocence of the defendant,
and IL the verdict could not and should
Z not have been otherwise and IL is sus-
tanned by an overwhelming prepondcr-
anee OF the evidence. IL ought TO b. sus-
tanned, and believing that IL Is ~ sas-
tanned, the motion for a ns~ trial IL
( oyerruiesi.
In answer 20 the court have you
anything 20 say Colonel Hemingway
replied
81 have nothing 10 say" but after
q slight pause he continued: II be-
lieve I vill make . few remarks. Re
alizing the terrible situation in which I
am placed, ! find is extremely dificslt
to formulate words TO express my feel
ings. must protest against the undue
haste with which the case has been
wound up against me. The District At
torney has worked against me with a
vigilance and persecution heretofore
unheard Of lie made the original Aft
rx the amount of the bond, and after
being fixed. he made no effort to have
IL raised. which goes to show he
believed in the depths of his heart
that was innocent The amount Of my
bond was only SIS. 900. and the amount
which am accused of abstracting is
sois.6i2is. How easy il would have
been for me, IL guilty, to have paid the
little bond and gone beyond the juris-
diction Of this court am informed,
and believe. that n serious injustice has
been done me by the court in refusing
tn NJ pafttfnw. F,-
My counsel have searched in vain for q
parallel case. Never before has a case
of such magnitude and Importance, both
10 the defendant and the State. been
brought 10 trial In such an unwarranted
and hasty manner. Errors have been
discovered and proven here which, IL
not for the last speech of the District
Attorney, would not only have created
. doubt. but absolutely carried convio-
tion of my innocence. His speech was
the most unfair, unjust and dishonora-
Bile that ever fell from the lips OF Law
officer. I stand before this court and
this audience and assert my innocence.
i have been convicted by jury Of my
eountrymen. ! may go the penitentiary
and may die there. and when l go the
bar OF God, and may 20 10 h-ll: but.
thank God. l will never fall to the level
OF that man tpointing 10 the District
Attorney Nothing was more unfair
than the action of the District Attorney
when he stated that had used 5000
of the peoples money to buy q pair Of
horses, and a large sum 10 dress my
servant in livery. He did not state
these things as an illustration, but as
facts, and which he knew 10 be- false.
He had three months to get up the evil
dence of where got that money. but be
never tried 10 prove it, He had given
IL out TO the public that he had . wit-
ness 20 testify that | had telegrsphed
to New Orleans for sISO.ooo- The ope-
rator who sent the telegram and the ex-
press man by whom he claimed the
money was brought were kept several
days, drawing their wages As witnesses,
but never . word Of such proof was at
tempted IL was only done to manu-
facture public opinion and TO poison the
public mind and the jury against me-
He has done everything he could
against me 10 injure and disgrace me-"
After Col. Hemingway had addressed
the court he folded his hands and stood /
silent TO receive the sentence, and, after |
Q short pause, Judge Chrisnan said; !
There Is no evidence in this case as TO |
what became Of the money which the /
fury found 20 be missing from the /