The Dawson news. (Dawson, Ga.) 1889-current, 1891-08-12
THE MOTION OVERRULED
or JUDGE cVERRY IN The CASE or HOMER
WILLIS.
THE GROUNDS ON WHICH NEW TRIAL
WAS AsKED.-THE SUPREME COURT
APPEALED TO.

| APPEALED TO.
The motion for new trial In the case
of Homer Willis, who was sentenced to
serve term of twenty years in the peni-
Tertiary at the recent term of Terrell su-
periOr court, for the murder of George
Outlaw. was heard by Judge Query on
S lturday morning.
Col. Jesse Walters, of counsel for the
defense, argued the motion.
The following are the grounds upon
which new trial was asked:
First and second, because the verdict
was contrary to the law and to the evil
| dence.
Third, that the court erred in over
ruling the defendants objection to the
indictment upon the ground that G. w.
| Williams served on the grand jury that
found the bill while his name did not ap-
pear on the list prepared by the jury
| commissioners.
Fourth, that the court committed an
error in charging the jury as to the de-
| PENDANTS responsibility for his act if I'M
der fourteen years of age.
Fifth, that the court did notput the en-
tire charge to the jury in writing, as had
been requested by defendants counsel;
that after the jury had been out some
time they were recalled by the court, and
| at their request the court recharged them
orally on certain points.
Sixth, that the court erred in not giving
in charge to the jury the definition of
involuntary manslaughter in the COM
mission of lawful act without due eau
ton and circumspectiOn, although this
was proper grade to be charged, and
was read by counsel to the jury, and was
requested to be charged by counsel.
Seventh, that when the court had fin
ished the second charge to the jury the
defendants attorneys requested that the
following be given, which was refused
by the court: that if the jury find from
the evidence that deceased beat up and
cruelty treated the defendant, and threat
ened him, that under the law the
defendant would be justified in getting
a gun to protect himself with; that the
jury can take into consideration the diff
erenoe in the size of the two men, and,
if while having the gun to protect and
defend himself with, the jury believes
that deceased rose and started in the di
rectiOn of defendant and the gun, with
out being aimed, was accidentally dis
charged and went off, 1t would be invol-
untary manslaughter in the commiss on
of lawful act without due caution and
circur1spectiOn.
Eighth, that the whole charge was not
fair to defendant. That it ignored the |
theory Of his defense, and all the way
through it dwelt upon and repeated the |
otfenses of murder and manslaughter |
without anywhere enlightening the jury |
upon the different grades of manslaugh- |
ter. 1t left upon their minds the ire |
sistibIe conclusion that the court thought |
the defendant should be convicted of the |
offense of murder or manslaughter, and |
the jury found the lowest of the offenses.
Ninth, Because of the conduct of the |
sheriff and bailiffs while in charge of the
jury after they were empanelled and
sworn 20 try the case. During the trial
the jury took their meals at the hotel by
consent of counsel, slept there two or three
nights in charge of the baliffs, and at
each meal the sheriff or baliff ate with
them at the same table, and at night
slept with and on the same beds with the
jury, and the last night of the trial, " lille
the jury was considering the case, they
were not confined by the sheriff in the
room, lbut were allowed free access to
the court room, with the sheriff and the
bailiff in the court room with them; that
late aHnight after II o'clock, they had
failed TO agree to a verdict, and were
abOu4tO go to sleep for the night when
some Of the jury asked what had become
of certain cases tried in court that day,
of which they were informed by the Of
ficers; shat some one asked why they put
handouts on Homer Willis, and the sher.
if replied tEat he was a bad boy, or
that effect One of the Jurors
said tOhanother near him; "YOu see what
the sheriff thinks of the case" and i'm
the jury reused up, went to
their room and agreed to verdict of
Ninth, because on the trial of the case
the ageaof Homer Willis was material
issue, and one Outlaw Swore that he was
fifteen years old; that said Outlaw being
the only witness introduced by the state
on that point, the said evidence of the
said Outlaw was false, and he knowingly
and wilfully perjured himself. {
To sustain the accusation in reference to
what was said by the sheriff to the jury, AN
affidavit signed by Mr.. L. C. Durham, one
of the jurors, was introduced. MIR. Dur |
ham swOre in his affidavit that Mr.. H. T. !
Lundy, another of the jurors, asked why :
was the boy handcuffed in being brought ,
to and from the Jail, when the sheriff, re-
phed: you don't know what you are |
talking about; that is the worst boy l
ever saw" Mr.. Dun ham further said
that asAsoon as he heard this he and iu-
ror Smith held consultation and agreed
TO allow a verdict of manslaughter to be ,
made.
The counsel for the state, to offset this,
introduced an affidavit from Sheriff Chris
tie that no such conversation had Oc-
Cured, and this sheriffs affidavit was !
by one from Mr.. d. f. AcLain,
another of the jurors, who swore that he
was the nearest man on the jury to the
sheriff while he was in the room, and
that ne such conversation occurred, and
that the sheriff said nothing that he
heard chat would or could influence the
jury.
The counsel for the defense then in
an affidavit from Mr.. J. r.
Smith, another one of the jurors. Mr.
Smith swOre that Mr.. Lundy asked why
the boy was hand-cuffed and the sheriff
said: "the-thes" and stopped. Mr.,
Smith then called Mr.. Durham to one
side for consultation, and, returning,
they told the rest of the jury that they
we're ready to make verdict
The jury then retired to their room {
and made verdict of manslaughter.
Judge Query very promptly over
ruled the motion for new trial. In rem
dering his decision he remarked that the
verdict was contrary to the law and the
evidence in the fact that the defendant
ls clearly guilty of murder, higher crime
than the jury found against him.
When he reached the ninth ground on
which new trial was asked, and the
one in which the atfidavits figured, the
judge said that 1t is a we'll established
fact in law that jurors cannot impeach
their own verdict.
The case will be appealed to the SUI
preme court where it will be heard some
time in October.
ANOTHER MOTION.
The court also heard a motion for
fri0 in he &C I'll, g |