The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1897-01-21
IN THE JURORS HANDS
THE CASE TURNED OVER TO
THEM ri sTERDAY.

THEM Yesterday.
The Judges Charge was Very Plain
and Able as TO Their Duty---He Re-
viewed all the Evidence and Gave
Them the Case at $3.50 O'cIock---
Had Not Agreed Up to Late Hour
Last Night.
The life of Reuben Barbee is now in
the hands of tweye of his fellow men II
is in their over to say whether he shall
live or die.
The case which has been OH trial since
last Thursday week was concluded yes
terday and given 10 the jury at $50
o'clock, and as yet, SO far as the outside
world knows has not reached verdict
of aay kind.
Court convened yesterday morning at
$50 o'clock when Solicitor Bynum, for
the state at once began his argument to
the jury. He spoke for two hours and
half and more able speech, we dare
say, was never made in the court room.
He reviewed the evidence of the wit.
nesses and explained their duty as he
saw it in way that not only held the
strict attention of each one of the jurors
but also kept the court room crowded
until he had finished.
Immediately upon the close of his ar
gument Judge Allen began review Of
all the evidence which was continued
until about 1890 O'Clock when court
took a recess Of one hour. At ago
o'clock court convened again aud his
Honor took up the evidence which
claimed his attention until $3.50 O'Clock
After he had reviewed the evidence,
just as given in by the different witness.
es. he delivered his charge, which was
only twenty minutes in length. He ex-
planned the law in the case-and told of
what it took to constitute murder in the
first degree, murder in the second de.
gree, maus!aughter and jnsttfable hom-
icide. It was an able charge and one
that would help throw light on the case
for the twelve tired men if there was
anything that would
In closing he said: Much has been
said about public opinion and the press
in this trial. You are not to be infu-
enced BY any remarks made ahout the
press or public opinion It would be
unsafe and wrony for you TO attempt 10
follow. without evidence justifes it, the
impassioned remarks Of counsel on
either side.
81 could not conclude better than in
the words Of great man of the past on
the duty Of jurors: They are TO consider
that not only power mt trust is given
them; il mar be their duty 10 acquit their
enemy and convict their friend. They
must consider. not what their own in
cliuations would lead them to do, hut
what the law and their oaths oblige
them to do. They are not at liberty to
do as they please hut must bear in mind
what law and justice and their oaths re-
quire Of them. They must Danish from
their minds all humor and caprice,
hatred, envy. fear and all SORTS Of bad
passions; aud above all they are to take
conscience Tor their guide-that moni-
tor which We have received from hsay
en-; OF which W. cannot divest ourselves
anil which, If we taIe as our companion
and guide through lite will make US i've
without fear an with all honor +"
During The Judges charge everything
in the court room was most as ST ] a:
death A. the conclusiJ of the above
remarks he said, gentlemen retire am
make vi your verdict" AMI it was tbsr
that the. fate Of Reuben Barbee wa:
transferred TO lhem.
II is generally thought by those whit
heard al the evidence and the Judge
charge that the verdict of the jury vii
be murder In the second degree" o
"mansianghter." The extreme pu ish
ment Tor the former offense is 80 ,eaI
in the peuitentiar and the latter a
years A great many think it will be
"hung" jury and result in a mistrial.
II the jury returna verdict Of guilt!
as 10 either OF tn above charges the al
tornr ys ior the defendant will ask for
new trial and If refused Will appeal 4
the Supreme court.
-, yat Guilty.
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