The Magnolia gazette. [volume] (Magnolia, Miss.) 1872-current, 1899-09-09

| "AeaASNs AAoalthS oIS hSEd VI ar
gument.
The hearing OF evidence was
concluded at 6;30 p. m. Monday,
and argument began two hours
later, being opened by Hon. F.A.
McLain, who spoke one hourifor
the state, in his usual vigorous
and impressive manner.
He was followed by Hon. w.
B. Nixon and Hon. W. A. Par
sons, who spoke one hour each
for the defendant. both making
fine speeches.
At midnight court adjourned
till 8 O'Clock Tuesday morning,
when Hon. E. A. Mcdowell
closed the argument for the de-
fendant, and Hon. e. H. Rat
cliff closed for the state, each
speaking nearly three hours.
We were not in the court house,
but have been told by those com.
petent to judge, that both gen.
tlemen made very fine speeches
seemingly excelling their WE'LL
known regulations, as able, elo-
quent and forcible speakers.
The following written instruc-
tons to the jury were given by
the court:
FOR THE STATE.
/. That if they believe from
the evidence in this case beyond
reasonable doubt that defend
ant shot and killed Mrs. Maggie
Causey he il guilty as charged
in the Indictment and it is the
duty of this jury to find him
guilty.
2. That they are the sole
judges of the credibility Of wit
nesses and the weight that should
be given their testimony, and in
determining whether any witness
has sworn falsely or not the jury
should take into consideration
1st. the interest the witness or
witnesses have in the result Of
the trial il any. End, the manner
in which they give in their testi-
mony and their appearance on
the stand. 3rd, the apparent
reasonableness or unreasonable
ness of thp facts they attempt TO
set out. 4th the general demean-
or aad bearing Of the witness and
the manner in which questions
are answered, and if from all the
evidence and circumstances in eve
ideace they believe any witness
has n'eniiorally and knowingly
testified falsely because OF inter-
est in the result or any other rea-
son they have ths right to disbe-
lieye and disregard the testimony
of such witness or witnesses al
together.
3. That if they agree as to
the guilt OF the accused and can
not or fail to agree as to the pun.
ishment to be inflicted, they
should not for that reason refuse
or fail to return a verdict; but in
case they do all agree that the
defendant is guilty, but fail to
agree as to the punishment, they
should return verdict in the
following form, "We the jury
find the defendant guilty as
charged in the indictment. ("
INsTRG cTIoNs FOR DEFENDANT
were given, as follows:
/. That the charging OF a /
man with crime is not evidence
or any part of evidence of guilt,
but on the contrary he is pre-
sumed to be innocent until the
state, by competent and credible |
evidence proves him guilty Of the
crime beyond every reasonable
doubt arising from the evidence
admitted to the jury or from the
want Of evidence; and unless the
state should do this beyond every |
probability of innocence arising
from the evidence, they must ac-
quit the defendant.
2. That it Is not required OF
defendant to show where he was
when Mrs. Causey was killed;
but that the state must prove to
you to moral certainty that it
was the defendant who killed
Mrs. Causey; and if after con-
sidering all the evidence you
have reasonable doubt as to
whether it was Tom Garner who
killed Mrs. Causey the law ac-
quits the defendant, and you
L