The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-03-17
THE VERDICT
OF THE JURY
Finds Warren and Drew
Irvine Guilty of
MURDER IN THE SECOND DEGREE,
Aud Fixes Their Punishment at Ten
Years In the Psnitentiary Mrs Irvine
Acquitted.-Motion tor New Trial VIII
BE Argued To-day.

Now that the Irvine trial is over, the
people must find something else to talk
about. 1t has been the one theme of
conversation for the last fortnight, and
if the jury can agree on a verdict, it
will be more than the general public
has done. Out in the Carter's Creek
neigh borhood where the most unfortu-
nate difficulty occurred, and for miles
around, the sentiment seems to be al
most unanimous against the defend
ants but when you leave that part OF
the county and come to Columbia or go
elsewhere in the county, public opinion
is greatly divided and takes in all de-
grees of guilt or Innocence, from MUIR
der in the first degree and hanging for
them all, down to and including justi
fable homicide and acquittal.
The theory of the State and argument
of counsel is, that 1t is a clear case of
murder in the first degree, and that all
three of the defendants are alike guilty.
They contend that Mrs. Irvine invaded
| WIG odOlCu VI YAM
home and provoked the quarrel with
him, and that then and there she
abused him and villitied him and ira
denced his good name numerically,
with vicious and venomous tongue.
That she then went home and by false
and slanderous reports of what had
| been said by Simmons in that CONVEX
sation, purposely aroused the anger and
resentment of her two sons, and melted
them to the preparation of the wicked
deed; and that in obedience to her wish
es and with malice aforethought, the
defendants Drew and Warren did the
killing.
| On the other side, counsel for the de-
Tense argue that the killing was an I'M
fortunate ending of an unseemly quar-
rel provoked by Simmons himself; that
Mrs. Irvine's visit to his house was
friendly one, and would have resulted
in no trouble but for his bad temper and
unprovoked insults to her. They say
that when she reached home she was
too pervous and excited and unstrung
to control herself, and when asked by
her son Warren what was the matter,
told him all about it; but that instead
of melting her sons to avenge the in
suits, she counseled them not to, and
that she is in no wise responsible in
law or morals for what occurred. in
behalf of Drew and Warren, their coun-
sci contend that they acted naturally
and right; that sons who will not de-
fend and protect their aged and widow
ed mother, are unworthy to nurse at a
yirtuous mothers breast or bear an
honored fathers name. They argue
that the boys left home with the expec-
tatiOn of a possible apology, but armed
to protect themselves from whatever
trouble might arise; that not meeting
the peace maker on their way, they
then went in search of the man who, as
they believed, had so grossly insuited
their mother; but that even then their
to whip him, and that the killing was
the unprecedented act of the defend
ants, done in selfdefense.
These are the contentious of the OPP
posing counsel, and our readers who
have carefully perused the last two is
sues of the HERALD, are familiar with
the facts upon which the argument is
are based.
The evidence closed and the argu-
ment began a week ago this morning.
Never has a case been more closely
guarded, more ably conducted, more
holly contested than this one. The ar
gument of counsel has been able to
marked degree, the consensus of Opin-
ion being that some of the ablest
speeches ever delivered in the court
house, have been made in this case.
The argument was opened for the State
Friday morning by J. C. Dexter, who
was followed by Mr.. w. J. Webster, for
the defense; the state then presented
w. b. Turner, who, as new member of
the bar, made most favorable impress
sion. He was followed by L. P. Padg-
EFT, for the defense; and recognizing
the power of Mr.. Padgetts argument
before the jury, the state put up one of
it's "big guns" E. H. Hatcher, Esq, to
answer him. j. c. VOORHEES, followed
Mr.. Hatcher, and w. c. Salmon follow
ed him, in an argument that was high
ly gratifying to his friends. H. p.
Figuers, than whom there is no closer
reasoner at this bar, next spoke for the
defense, and then j. II. Russell drove
home the facts of the case from the
prosecution point of view. These sew
eral arguments had consumed all of
Friday, Saturday, Monday and Tues
day, and as the days of the famous trial
heightened the crowds increased, until
hundreds daily were turned away from
the door. Wednesday morning G. t.
Hughes rose to address the Court and
jury, in the closing argument and last
} appeal for the defendants. He spoke
over four hours, consuming all of the
morning hours, and making a master
ly argument indeed. Following him
came Attorney-General Boyd, who ably
summed up the whole case, and who,
at the conclusion of his speech, made as
strong an appeal to the jury as they
had yet listened to.
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