The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1891-07-17
IT REVERSED ITSELF.
An Incident Of Senator Georges Early
Efforts at the Bar.

| lew people IN SunflOwer, Holmes
and Carroll counties, Miss, re-
member The once famous case OF
"the Brownings."
John ID. Browning and his son,
Caste, were indicted The year 1854
in the circuit court OF Snnfiower
county for the murder of one John
w. Neal. An Overseer, whom, II
was charged, they shot, rnbbed,and
then tied in a sack OF bricks and
threw in the YazoO river. The
testimony was all ciscumstalial.
but very strong. Tie feeling ran
so strong that, by special act OF
The Legislature, The venue was
changed tn Holmes county, where.
al the November term, 1855, old
man Browning was tried, convict.
ed and sentenced 10 death.
Il. @. Walihall was The district
attorney and the peer of any pros
ecutor in the State. He was as.
sisted by Judge Rich, and Nelson
and the renowned Walker Brooke,
who were employed by The friends
of the deceased. j. z. George,
William Culhron, Colonel William
b. Helm and the once famous j.
X. Clinton and Thomas BAtters.
then brilliant Lawyer Of the Lex
ington bar, defended
AT the conclusion of The long
and tedious trial the usual motion
to set aside the verdict OF the jury
and grant new trial was made !;
among olher causes il was assign
cd as error that The testimony was
not sufficient to warrant the YER
dict, and that the jury had been
subjected to improper influences
in being permitted TO take dinner
with other guests at he hotel dur.
ing the progress of the trial.
The molten was overruled and
an appeal was taken TO the "High
Court of Errors and Appeals" In
this court the circuit court was at
firmed, each member Of the SUI
preme court deliverlng.his opinion
in writing, all affirming lhescourt
below and fixing the day for
Brownings execution.
AT this crisis when all hope
seemed forever gone and no chance
left to escape the lawful judgment
of the law, and when most lawyers
would have given up in despair,
George read each opinion of the
three distinguished Judges with
intent interest and anxiety. After
scanning and comparing and
weighing the one with and against
The other he grabbed pen and
wrote"
Now comes The plaintiff in ap-
peal and by his counsel moves the
court To construe its decision in
tins cause TO be reversal of The
court below and order a new trial
accordingly"
Many queer remarks we're whis-
pered arornd. What do you
near, George Do you expect the
supreme court TO reverse itselfY
IN show you what | mean.
Browning Is not hung yet. Mr..
Clerk, enter that motion on the
docket
With a determined shake of the
head he passed out and left his
fellow lawyers conjeclurlng what
he meant, congratulating him up
on the stubborn tight he had made |
and suggesting that ''ihis is The |
last straw and he catches at it,"
The court was as able a one as
had ever sat on the supreme bench I
Of Mississippi, and ihirty-six years
ago j. Il. George was young man,
hardly % years old. When his
brief was filed no little interest
was manifested when it was found
hat he pointed out the fact that,
n delivering their opinions, two
,f the judges decided that the tes
imony upon which the prisoner
vas convicted was sufficient TO
iLhold The verdict, but Chief Jus
ice Smith held it was insufficient.
)n the other point Smith and
Handy held that there was moth
ng in the conduct of the jury at
he hotel to warrant the court in
the verdict, while Judge
Fisher dissented. So il was mani
es. that two OF the judges ma
ority of the court-did decide
hat there was error, not on the
ame point, but error agreed upon
" a majority of the court, and
it was in fact a reversal
'f the lower court.
Messrs. Baiters and Helm were
Issigned 10 The argument OF the
notion. Attorney General Glenn
The State. Logic and
aw, oratory and forsenlc discus
ion were exhibited in TIE grand
st and most forcible style. As
much as the court may have de-
ired 10 escape the criticism, the
mans life was at stake, aud MS
genious had wound its
oils about their written opinion
% closely that there was no deliv-
france but 10 acknowledge their
'rrur and sustain the motion,
which they did, maintaining their
10 be harmonious, Judge
Handy dissenting.
The cause was remarded and
lew trial granted. 1t had created
q much notoriely in Holmes that
mother act of the Legislature was
passed, changing the venue to