The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-05-06

I VIC OuSlg hhu SdDn lDdue a 6Dl6uul1
plea in their behaf-a plea which brought
about their acquittsl. He based his claim
for verdict OF not guilty on the section of
the Code, which says that any person who is
compelled by another to commit crime
under fear of losing his own life shall not be
held accountable, but instead, the party
who forces the commission.
ATTORNEY CANN's PLEA.
Mr.. Cams speech was eloquent, sympa-
thetic and convincing, and when he took
his seat 1t was plainly evident to everybody
that he had the jury with him. His act in
Offering his services in defense OF the boys
at the critical point was the subject of high
COMMUNICATION among the people Of Bryan
Mr.. Smith made agood effort for old man
Shuman, but he as we'll as everybody, real
lied that the case was hopeless
| Senator Williams opened in behalf Of the
state, and Solicitor General Fraser closed
with brilliant summing up, In which he
| scored Shuman In QUITTING language as a
| coWardly, treacherous. brutal and unnatural
parent, whose death at the ropes end
would be fitting finale to his career Of sin,
and relief to the children, whose mis-
| fortune it was TO call him father.
The jury took two hours in arriving at
verdict. 1t was almost midnight when an
| agreement was announced. The scene was
one long to be remembered by those who
| witnessed IL.
| VERDICT AT MIDNIGHT.
| The court room was lighted only by two
| dimly burning coal oil lamps, and the
| crowded court as still as death itself with
the Jurymen filing into their seats made
an intensely dramatic scene. The four
prisoners were pale and anxious. When
the verdict was announced convicting the
father aud acquitting the sons, the latter's
faces frightened, but the old man sat as if
riveted TO the chair without a muscle
| moving. The foreman of the Jury arose
after the reading Of the verdict. and re-
quested Judge Faliigant to admonish the
| boys In giving them their liberty.
Judge falligant called out, Elijah Shu-
man stand up" Tue old man arose from
his chair, with his hat in his left hand, and.
for a moment, looked the judge full in the
face. Then, as the judge proceeded, he cast
his eyes toward the floor and kept them
| there until the conclusion Of the sentence,
when he sat down quickly in his chair and
buried his face In his hands.
JUDGE FALLIGAET's WORDS.
Judge Falligant spoke as follows:
You have been indicted in a case with
| your sons for one of the gravest crimes
known to law, the crime Of murder, and
nave been convicted of that offense but the
| jury, in their merciful discretion, have
seen proper to recommend that you be i'm
prlsoned in the penitentiary for life You
should be deeply grateful to jury of your
countrvmen for this exercise Of mercy. |
nave listened to the details of this terrible
crime in which, forgetting the natural
instincts OF manhood and more particu-
| larIy the duties OF a father, you terrorized
your children with the crime OF murder.
The jury in their mercy have seen proper to
recommend that you be imprisoned Ia the
penitentiary for life and therefore cannot
intiict the death penalty upon you. trust
that while you are serving out this sentence
some better principles may control your
nature and direct your attention to the
great future. trust that the good being
vino rules over US all will influence your
heart and mind to better thoughts and feel
ings that by your course of life you NAV
show some appreciation of the terrible
crime you have committed.
EVERY development has shown you ut
terly unnatural in your instincts, and when
listened TO your statement to-day, know
ing, as you did, that you had compelled
your children to this crime, was utterly
Mortified by the consciousness that you
were willing, knowing as you did your
own guilt, to sacrifice them for your safety.
l say you ought to be deeply grateful that
jury of your cOuntrymen, under such cir
cumstances, should have had their hearts
mendation." Then followed the usual form
Of sentence.
A WARNING TO THE BOYS.
Turning to the hoys Judge Fallieant
ordered them to stand up, and spoke to them.
He said: lyon were indicted with your
father for the otfense of murder. The facts
show that you all participated in the crime
and that one OF your number, Cyrus Shu-
man, actually perpetrated the murder. In
the development OF the case it seemed TO
the court that your interest came in cons
Af,.kK rvfAh hoe - 60
Der OF this bar, with the natural Instincts of
the true lawyer, volunteered to defend you.
That he has done his duty faithfully is
shown by the result of your trial.
acknowledging your guilt in the pres
ence Of the audience and before the jury
who were trying you, they became satisfied
under the facts and circumstances of the
case that the threat OF your fathers, that he
would kill you If you did not perpetrate the
crime he commanded you to commit, placed
you under the humane defense of the law
which made him guilty and punishable in
your stead. You have been acquitted by the
jury, but they have requested me to speak
words of kindness and caution to you.
"You are just upon the threshold Of life,
with the opportunities of long life before
you, and therefore appeal to you to have
some consideration of the mercy that has
been shown you by this verdict. II bad
principles have been instilled in YOU, IL bad
examples have been shown you by those who
ought to have reared you in a life of
prObity. learn to think better and to act
better IN the future.
BEGAN LIFE WITH A CRIME.
"You have started your career Of man.
| hood by the preparation of a crime Rec
ognize the fact that it becomes all good citi-
zens to be free from crime and to maintain
tho laws of the land. AS l understand it
| you have some relations, you have brothers
and sisters, and let them join in the appeal
| that the court makes to you to become bet
| ter citizens hereafter.
You have escaped terrible peril. You
were ON the very brink Of eternity on &C.
count of your crime The jury, in its merci-
full consideration Of the case, has placed the
guilt where probably it ought to be, on
! your father, who commanded you TO COM
| NIT the crime. | say very candidly that
my heart was touched during the trial of
this case when saw the hesitancy OF the
| youngest son, his hesitancy to attempt to
save his life by putting the
crime upon his father. When heard his
| trembling lips at last speak the truth my
| sympathy did go out TO him, because felt
| he had in his heart some natural feeling TO-
ward the man who,gave him life; and / say
| now, under all the facts and circumstances
of the case. that l am glad the jury has
given you this opportunity to profit by
| your experiences in the past and amend
| vour life in the future