The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-24
WILL GET A LIGHT SENTENCE.
HENRY CASON's PUNISHMENT FOR
KILLING ARTHUR DROWN.

Pound Guilty of Involuntary Man
slaughter in the Commission of an
Unlawful Act and Recommended
to the Mercy of the COurt-The
Penalty From One to Three Years.
Judge FnIIigant Defers Sentence
Until This MOrning-Features of
the Case.
Henry Cason, the i5-year-old negro boy
whose knife thrust caused the death of
Arthur Brown, a boy about Cason's age,
on Jan. %, was found guilty last night
of involuntary manslaughter in the COM
mission of an unlawful act, and recon-
mended TO the mercy of the court.
The Jury agreed about 1880 o'clock, hav-
ing given the case about TWO hours oonsid-
Grafton after the charge of the court. 1t
Is supposed the jury thought some pun
ishment was due in the case, though 1t
seemed apparent while Cason acted
probably in a heat Of passion, he did not
intend 10 kill Brown. On account of the
recommendation to the mercy of the court
Judge Fanlgant postponed sentence upon
Brown until this morning, as he desires
to give the matter some consideration.
The entire day was taken up with the
trial, and it was a trial of striking in
terest in many points, the charge OF MUIR
der against a boy but little more than 10
years old for killing another about the
same age, and then, too, the fact that
the quarrel originated over political
badge a Liberal club star The evidence
in many points was conflicting, and for
the most part circumstantial.
Judge H. d. d. Twiggs and Mr.. W. G.
Woodhn, who appeared for the defense
were put somewhat at disadvantage 10y
the absence of a man they considered
would be their principal witness. They
heard there were two men who saw the
killing and who would say that Brown
had a pistol, and whose names the ar
resting officer had failed to take down.
Hearing this at the last moment before
the trial almost, TOO late to issue sub
poenas, one Of the men was found through
a special notice published In the columns
of the Morning News He promised Judge
Twiggs to be present at the trial, but
failed to show up when the time came, so
the defendants attorneys had to do the
best they could without him.
All of the evidence against Cason was
haps, of an alleged confession TO a negro
named Smith, now in Jail on the charge
of counterfeiung. This testimony, Judge
Twiggs took special occasion to tear to
pieces, characterizing Smith as the lowest
of criminals and saying a man who would
counterfeit money would counterfeit the
truth. He insisted that some plot had been
formed against Cason by another party in
Jail and Smith, on account of some bad
feeling against the defendant
Cason's plea was self-defense, and he
insisted that he had never made any con-
fession to Smith or any one else. but that
he had asserted al lalong that he had to
cut Brown to protect himself. He insisted
that Brown had a pistol and tried to
shoot him when he cut him.
The state introduced evidence to show
that Brown did not have a pistol. and
also to prove that Cason said after the
cutting that Brown had tried to cut him
instead of saying that he had tried to
shoot him. Solicitor General Osborne
handled the testimony in a mastery man.
ner his theory of the case being that Cason
and Brown got into a fsticuff as the re-
suit of dispute over the badge, and that
Cason, cowardlike, pulled his knife and
inflicted the fatal wound.
Both Judge Twiggs and the solicitor
general made able arguments, and 1t
would be hard to say which of them had
lAV pSttel VI thS case when ~ went "
the jury. Both seem fond of humor, and
little pleasantries directed from one to
the other often brought audible smiles
throughout the court room.
The penalty for Involuntary manslaugh-
ter in the commission of an unlawful act
is from one to three years in the discre-
ton of the court, and with the recon-
mendation to the mercy of the court the
highest penalty would hardly be given
The lowest sentence that can be given
under the verdict is one year.