The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-03-24

Bail.
This recites another, aud for the
present the last chapter in the
Irvine murder trial. Last Friday
counsel for the defense moved for
new trial for the defendants who
had been found guilty, Warren and
Drew Irvine; and with their motion
they filed a written protest alleging
several grounds; tO-wit, improper
argument and appeals made to the
jury by counsel for the State, nota-
bly, the Attorney General, Mr.. Boyd,
and j II. Fussell; also that ). ID.
Glenn, one of the jurors, was in
competent, by reason of the fact that
before being taken on the jury he
had formed and expressed an opin-
ion; also that one A. Y. Simmons,
another juror, had been guilty of
gross misconduct by making GER
tain statements, arguments and in
situations to the other jurors, pend
! ing the investigation of the case.
The protest further complained of
demonstration and applause by the
audience, prejudicial to the defend
ants; to error in the admission of
certain testimony, and to alleged
errors in the charge of the Court.
All of which, after the hearing of
testimony of witnesses and argu-
ment of counsel, the Cour5 after due
consideration Overruled.
AS to the protest to the competency
of Juror Glenn, the proof failed to
show that he had formed or expressed
any opiEion other than that based
upon rumor and newspaper reports,
aud that did not disqualify, accord
ing to Judge Holdings ruling.
AS to the misconduct of the juror
A. Y. Simmons, the Court examined
ten of the jurors, including, Simmons,
the other two jurors not being present.
Simmons testified substantially that
he had a conversation with juror
Brooks, in which they were speak
ing of the appeals for sympathy
which the lawyers had made for the
defendants, Brooks expressing him
self as sympathizing deeply with
the defendants. Simmons replying
that he had as much sympathy for
the defendants as any one, but that
if he, Brooks, knew what he, Sim
mons, had heard, he would change
his mind about the sympathy and
|, have some sympathy for the Sim
mons side. At this point juror
Douglas spoke up and warned Sim
mons that if he knew anything
which the other jurors did not know,
, he should not tell it, and that ne
, Simmons said no more. Several
Jurors came to him afterwards and
asked him what it was he had heard
: but he refused to tell them. Sim
mons added, however, that they
for they were forbidden by theil
oaths so to do. He did not tell Brooks
or any of the other Jurors what il
was that he mad heard.
He stated to the Court, however
that what he had heard was thai
8 there was more sympathy for the
Simmons side than there was for the
, Irvine side. He had heard this be
? fore the trial, but did not remember
who had said it.
Juror H. B. Douglas substantially
corroborated Simmons statement.
l Juror w. II. Brooks denied tha
q Simmons had any such conversation
with him, but that he had hearC
Simmons say in general talk with
5 other Jurors, that if they knew wha
he had heard that they would come
I over to his side. He did not know
i, to what this had reference, nor wha
= called it forth, nor what phase O.
the case they were talking about
nor could he say positively at tina
time cow Simmons stood, whether
5 for conviction or acquittal, but a
= that time the jurors were divided
a some for conviction and some for ac
quittal, and that they were arguin!
the case. The other jurors stateC
}, substan tally that they heard Sim
: mons say that if they knew what h'
O had heard they would come over t
;, his side, but they did not know wha
called forth this remark, did not
q hear what preceded it nor what fol
e lowed it, and did not know to wha
f it had reference, and did not know
what phase of the case was undel
discussion at the time. Brooks alsC
= stated that he did have a converse
= tion with Juror Simmons as they
= were on their way to dinner the las
day of the speaking, inwhich Brook;
was expressing himself in favor o
), the defendants and Simmons agains
them, when Simmons remarked tha
; he could not tell him then, bu
!, would convince him after the trial.
4 Simmons denied having had any
= such conversation with Brooks.
AS to the objection TO the admissi
4 bility of certain evidence, the Cour
e held that these objections had beer
[ made at the time and overruled
/, and the Court was of the same opin,
: ion now as then. AS to the alleged
errors ih his charge, the Court coulC
4 not agree with counsel, and over
- ruled their exceptions.
The motion for new trial, and
protest aud exceptions, were argued
= at length by Messrs. Figuers, Hughe
5 aud Webster, for the defense. Tht
b, Court said he was clear in his opln
3 4