Mississippi leader. (Jackson, Miss.) 1892-1895, 1894-03-20
THE STATE vs.. TnOS. J. DECELI..

Defendant Found Guilty of man>Iaughter,
Gets New Trial and is Released on
$4,000 Bond.
The first case called in the circuit
court Monday was that of the State
of Mississippi VS.. Thomas j. Decell.
charged with the murder of Oscar Stew
art, in Brookhaven, Aug 3, 1893. which
was brought to Pike county on change
of venue from Lincoln.
Hon. f. A. McLain, district attorney.
and eX-Gov. Robt. Lowry represented
the State, and Hons. II. Cassidy, r. n.
Miller, A. G. McNair, j. II. Price. H.
Cassidy, Jr., and +. z. Brennan ap-
peared for the defendant. OF the 46
witnesses subpoenaed for the State.
only six were absent when the case was
called. The district attorney asked
the court to have attachments issued
for them and announced that the State
was ready to proceed with the trial.
The names of II witnesses for the de
PENDANT were called, five being absent.
Mr.. Thos. S. Miller, special officer. was
sent after them and the defendants
counsel given till o'clock to announce.
When court reassembled in the af
ternoon, the defendant, through his
counsel, moved the court to grant him
permission to withdraw his plea of not
guilty and file plea in abatement to
the indictment, which motion was sus-
tanned and permission granted after a
lengthy and spirited discussion. The
plea III abatement, setting forth that
the Indictment was illegally found and
returned, was then filed, whereupon
the State filed a replication to which
the defendant demurred. Another
spirited discussion followed, at the
clusion Of which Judge Cassidy an
nounced that the court would order
the demurrer over ruled, holding that
the record of the court in Lincoln was
good. The defendant then filed de-
murrer to the indictment, which was
also overruled. The defendant was
then arraigned and pleaded mot gull
ty' and announced himself ready for
trial On motion of the district attor-
ney, special venire of fifty was drawn,
and the case set for trial on Thursday.
The court house was crowded with
people when the case was called at $50
o'clock Thursday afternoon. The work
OF selecting jury was Immediately
begun when Ia men were challenged for
cause; , excused on account of illness:
II challenged by the State and II by
the defendant. At o'clock the panel
was completed as follows:
ID. A. Wallace, Nv. D. Allen,
3 r. r. Hart, Chas. Nixon,
3 r. Eaton, CIV. L. Coney.
p. T. Varnado, 0W. G.. Dorsey,
= T "a
6 j. B. Hughs, y Jno. Harrell.
Messrs. N. E. Ball and B. C. Tull
were appointed bailiffs and the jury
specially charged to try the case.
DR.. J. M. Martin, physician of
Brookhaven, who wished to return on
the night train, was introduced by the
State, and testified as to the wounds
received by the deceased. He said one
was in the center of the breast. one in
the abdomen left of the navel, and one
finger was injured. The witness saw
the body after it was brought in from
the base ball ground: did not examine
the wounds but thought they we're suf-
ficent to produce death.
The defendant objected to the intro
duction of any testimony whatever, but
the objection was overruled by the
court.
The above is the Magnolia Gazettes
report of the trial, up to the time it
went to press. The State placed five
other witnesses on the stand besides
DR.. Martin, viz: j. r. Lowry, Ben
Hays, w. T. East, VIM. Turnbough,
John Phillips, Milton Phillips and
Miss Sarah Stewart, and rested The
defense introduced Chas. Heuck, Jr..
Walter Rowan, E. f. Brennan, L. }.
Decell and Capt. A. f. Moreton, and
rested, all other witnesses being dis
charged.
Argument in the case began at 9:25
Saturday morning, when eX-Gov Low
ry arose and addressed the jury in be-
half of the State. He spoke one hour
and twenty-five minutes, and was fol-
lowed by Hon. r. n. Miller for the de-
PENDANT in speech of about the same
length, after which court adjourned
for dinner. In the afternoon Hon. H.
Cassidy ADDRESSED the jury in behalf of
the defendant, and Hon. f. A. McLain,
district attorney, closed for the State.
All the speeches were exceptionally
good, and the courthouse was crowded
with visitors during their delivery, a
hundred or more ladies being present.
The jury retired late Saturday even
inc and at 11.30 Saturday nioht re-
turned their verdict, finding defendant
guilty of manslaughter, and recon-
mending the minimum penalty of the
law, which is either fine of $4,000 or
Imprisonment in the county Jail for
any period not exceeding one year.
When court convened Monday morn
ing, before sentence had been passed
counsel for the defense entered a
motion for a new trial, on the ground
that certain instructions given to the