The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1894-08-02
He Was Charged With
Burning His Store.
A H0TtY CONTESTED LEGAL BATTLE.
Able Speeches Were Made on Both
Sides. The Jury Was Out
Three Hours.

| ON SATURDAY morning, about clock,
the 9Th of July, the store house of Mr.. T.
P. Aston on the north side of the square
was discovered to be on fire in the rear
part of the building. Some hay was the
principal food the fire fed on, but the stock
otfaacy groceries in the front part OF the
building was badly damaged by heat and
water, before the fremen succeeded in
extinguishing the blaze 10 tie. rear part.
There was an insurance of $24O0 on the
stock. 4aii t
1t was charged that the motive for burns
ing the store was to get the insurance
| money, that the stock was tar less than
the insurance Mr.. Aston claimed that
he would lose 5000 more than the. insur>
ance come to- a~
The insurance adjusters mad set Monday,
the 18th Of July, as the time when they
would peet Mr.. Aston and determine the
loss On Sunday. the. 18th of July, about
6 o'clock in the afternoon, smoke was
again seen issuing from the same store.
After q heroic fight, the fremen subdued
the flames and saved the building although
it wss in a badly damaged condition,
charred and injured. The goods were
about wiped out aud were vaEueless
There was so much talk about the origin
OF the FIRE, that Mr.. T p Aston was ar
rested and tried before Judge Alexander,
who eoEnmitted him to jail. The grand
jury last week found true bill. and on
Wednesday of last week Mr.. Aston was
arraigned 70 Cobb Superior Court for trial.
The defendant was represented by Col.
]. q. Foster. Col C. D.. Phillips, Col.
Enoeh Faw, of the Marietta bar and Col.
W. q Muslin, OF Madison, Ca, brother.in,
law of Mr. Aston Solicitor George &.
Bro<1, assisted BY CoE& II. Power, rep.
resented the State. -
The jury selected was composed OF A.
Y. Moss, E. G.. MCCARTHY, W. j. Pace
Pickens Tate, w. P. Dawson. I. N. Scott
j. s. Durham, E. A. Cochran, Geo. D.
Collins, j. II. Cash, H. B. Cowan, and J.
E. Gault
For two days evidence for and against
the prisoner was introduced.
Every inch of ground was holly contested
and the interest in the case grew from the
beginning until its termination.
The defendants wife, sister, father
brother, and many ladies' were daily in
attendance upon the trial, while our citi,
zens hocked into the court house and
listened with eager cars to catch the evi-
dence, TO observe passing events, and to
hear the speeches.
By Thursday evening the evidence was
all in. The prisoner made his statement
and denied the crime or any knowledge OF
its origin.
Friday morning the crowd in attendance
was larger than ever aud throughout the
day the mental tension of interest seemed
to be drawn taut.
The attorneys went before the jury and
began their arguments. Col W. R. Power
made the opening speech for the State,
followed by Col. J. z. Foster and Col c.
D. Phillips for the defense. Solicitor
Brown concluded.
The speeches were notably able, incisive
and analytical. Col Power made strong
argument, placing the testimony before
the jury very clearly. Col. Foster made
the best speech he ever made before jury.
1t was lengthy, pointed and impressive.
bis conclusion was pathetic ard stirring.
The defendant was visibly affected by it as
was seen by his quivering lips. Col. Phil
lips was very deliberate. He reviewed the
testimony and presented it in the most
favorable light for the defense He seemed
to have been imhued with power and tells
ing force, and his closing remarks were
very touching.
Solicitor Brown spoke for three hours
and from beginning to end he held the jury
: and the crowd in breathless attention. He
massed facts in strong array and knitted
circumstances into a compact chain. He
has few equals before a jury, as he demon
strated by his flow of eloquence and thrill>
ing periods.
Judge Gober gave a concise and clear
charge, defining arson, its penalty, &C.
The offense OF arson is punishable by
death or imprisonment for life, as the
jury may elect.
The Jury retired about o'clock, and
began to consider the case. About half
past six the jury answered the Judges en-
quiry about the probability of verdict
and the reply came that they were not
likely to agree soon. At o'clock, how
ever, they signifed that they had reached