The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1891-01-22
MISTRIAL.
THE JURY FAILED TO AGREE IN
THE HOWELL MURDER CASE.

| 1 I've AAoJ WAHC, oil y uu6 Otu,
1889, was taken up ON Tuesday of
last week, in Cobb Superior Court,
Judge Wellborn, of the Northeast
earn Circuit presiding, Judge Gober
being disqualified.
The attorneys for the defense
! were Messrs. Clay & Blair, Col,
Charles D. Philips, Gen. William
Phillips, R. N. Holland, ]. z. Fos-
ter, E. Faw, w. R. Power and T. D.
Power.
Solicitor George R. Brown and
MIR. Booze Edwards appeared for the
state.
The jury was composed of 7. w.
Segars, W. Fl. Dunn, W. F. Groov-
er, b. P. Dobbs, T. G. MCCARTHY, R.
E. Butler, A. P. McLain, J. L. Orr,
5. II. Davenport, II. G. Laseter, G.
D. Butler and Jesse l.. Lemon.
Tuesday and Wednesday were
consumed IN hearing the testimony.
Hon. A. S. Clay managed the case
for the defense in interrogating the
witnesses, and Solicitor Brown for
the state.
After Mr.. Howell made his state
ment to the Jury, Mr.. Edwards
opened the discussion for the state
in brief speech, it being his maiden
effort.
Thursday morning, argument was
resumed. Col. Charles D. Phillips
made the hrst speech for the defend
ant. Col. Phillips is an old pleader
) and fully sustained himself. His
strong and pointed remarks had a
, telling effect.
Col. A. s. Clay followed in an
able eaaTt He was earnest and
eloquent, and he scored point after
point. He seemed to be at his best
and won for himself additional fame
as one of the most successful and
able lawyers, whether in criminal or
civil cases, in North Georgia. Cobb
county is proud of COL A. S. CLAY.
When he takes a case he goes into
1T with all his soul and mind. He
leaves nothing undone in the dis.
charge ct his duty to his client.
Gen. Phillips concluded for the
defense. AS strong logician, reas-
oner and pleader, Gen. Phillips has
few equals. He sifted the testimo-
ny, analysed it, presented it in all
its favorable phazes, and his able
and forcible speech must have made
a strong impl ession o1Dthe jury.
The three speeches for the de-
tense consumed about six hours.
Solicitor General Geo. R. Brown
concluded for the state. He was
laboring under. physical disadvan-
tages, and had been under medical
treatment during the day and night
before. He wSs threatened with
pneumonia. He said be only made
the speech from sense of duty, but
at the same time be felt that he was
doing 1t at a great risk. He spoke
for one hour and quarter in the
afternoon, when the court adjourned
until after supper Atseven o'clock
he resumed his speech and spoke
over two hours. There had been a
large crowd throughout the day to
hear the speeches, bat at night the
court house was packed Solicitor
Browns speech was fine effort, and
demonstrated that he had ability of a
high order, and while he recognized
the fact he was combating some of
the ablest legal minds at the bar, it
seemed to spur him to greater effort.
He handled the testimony with in
cisive skill and scrutiny. His ora
tory was superb and his flights of
eloquence oftentimes, not only dra-
matte, but matchless. He is at all
times fluent and impressive. We
can very readily see why he was
elected solicitor.
1t was hard fought battle on
both sides. The best and most
thoroughly equipped minds in law
and experience were engaged in it.
1t involved human life, and every