The Marshall republican., 1900-08-10
MARSHALL :: REPUBLICAN,.

black, and other relatives and friends Of the
man who had come to his death at the hand
Of the defendant, who sat across the table.
Every day they had occupied these chairs
at the right Of the lawyers table. and
before nine they were in their accustomed
places. Not until 1910 did the attorneys ap.
pear, after being out with the court agreeing
upon instructions for the jury. The crowds
which packed the aisies and stood far out IN
hallway. leading to the the COURTROOM, had
grown restless and impatient when Judge Rich
took his seat. but SOON all was hushed in the
silence Of expectancy.
Al 10. 40 Judge Rich raped for order. He
commended the crowd for its previous con.
duct and expressed the hope that this might
continue during the arguments Of the case.
Then the jury Of twelve filed in, all eyes turn.
ing upon the men in whose hands rested the
case of the defendant.
A +. Rector then read the instructions of
the state, which were for murder in the first
and second degrees. and explained the requ,'
sites making the killing Of Charles Bailey by
defendant. Purcell. one or the other OF these
cases. The court further issued instructions
for manslaughter and defined the penalty to
he afr xed should such a verdict be returned.
X. Il. Ruff then read the instructions III tie.
half Of the defendant, defining the rights ct
the defendant in the preservation OF his own
life II he thought same threatened by the de-
ceased. and what mitigating circumstances
might exist to acquit the defendant.
JrD;E MrNTER's ADDRESS.
Judge Hunter al ten minutes Of eleven,
opened the argument for the state, touching
frs, upon the arduous work Of the week. and
then upom the responsibility Of the jury to
uphold the ~sancti,y Of The law He held that
Only in the attorneys mind had existed the
mystical surroundings Of fractional persecution
BY the people Of that community ~ which the
murder occurred. Then he opened up a re-
view OF the evidence Of the case, giving hrst
a p,a, of the town and a description Of the
buildings upon the square, aud those about
Schooley's stable. lie brought out the point
that ut no time had It been proven that the
deceased carried arms Commencing with
the episode referred to by Otte, IN which Pur'
coll had stated he came near shooting him
mistaking him for Bailey, he passed to the
evidence of Charlie Franklin. by which the
defendant showed his intentions and the means
through which he sought to evade the pen
atty, then the conversation ot the afternoon
and his threat. On the afternoon OF the 9th
when the top incident took place. the position
of the parties was shown and the incident
, which brought up the conversation. then tht
dejiberatjou of the defendant in standing on
in the street, cursing the deceased, and the
aypravation of his remarks in trying to pro
{ woke Bailey to attack him. Reviewed the
evidence OF Rev. Mr., James, A. :. Van An
glen. Carl Wilson and l:b Rozell. whose ties
|, timony was contradis,ed by no one except thu
1 defendant himself,
: Then passed to the loan Purcell had secur
ed from Downs later that evening, showed tn
p position Of the three rooms. aud the threats
r made at that time by Purcell and his inten
e ,ions relating to the money secured. Tn
/. confederation Of this evidence vas recalled
j.. The speaker then touched iorcibly upon tn
$ duty Of all law abiding citizens to uphold tn
K law and assist in the prosecution o. It