Greene County herald. (Leakesville, Miss.) 1898-current, 1901-11-01
A NOVEL QUESTION
Before the Supreme Court in the
Case of Antonio Duke..A Big
Barn Burned.

Jackson. The case of Antonio
Dukes, now on appeal to the Supreme
Court for sentence of death, i'm
posed by the circuit court Of Oopiah
county, raises, according to Judge
Powell, q novel question in Missis-
sippi Jurisprudence. 1t has always
been the ell-established rule that
where n witness in magistrates
court dies after testifying, the ac-
cused having had his opportunity to
be confronted with him and to ques-
tion him, his testimony can sfterwnrd
be introduced against the accused on
trial in 'the circuit court. In the
Dukes case the prosecuting witness
was the man whom the defendant
was accused of assaulting with intent
to kill and rob, and his evidence in
the migistrate's court was necessary
to identify Dukes. After the prisoner
had been committed on the charge of
assault and robbery, the prosecuting
witness died, and the grand jury
promptly indicted Dukes for murder.
On trial in the circuit court it was
sought to introduce the evidence of
the dead witness in the lower court,
but the defendants counsel objected
on the ground that Dukes was being
tried on an entirely different charge,
and therefore the rule in regard to
admission Of such testimony did not
hold. Judge Powell overruled the
objection and admitted the testimony
on the basis Of the charge of assault,
was the blow that subsequently
killed the man and the case was so
intimately connected with the former
prosecution that the distinction
sought to be made by the defendants
jury promptly convicted the man of
murder, and an appeal was taken. If
the Supreme Court should uphold the
contention of the defendants law
yers, it will be impossible for the
state to identify the man by any
other means, and the prospects are
fair for the release Of very desper-
ate criminal, who has already served
term in the penitentiary.
BARN AND CONTENTS BURNED
Water Valley. Fire destroyed the
large barn on the stock farm of Jo-
seph Powell, near Banner, in CAL
houn county, twenty miles in the in
terror from this city. The flames
were discovered about 2 O'Clock a.
M, and it is believed to have been
of incendiary origin. A large amount
Of hay, corn, oats, etc., in addition
to number Of farm implements, were
burned with the building. This is
one of the very few stock farms in
this section, and it is feared the loss
will have demoralizing influence on
the industry, which has pro-
gressed very slowly in this end of the
state, Notwithstanding the fact that
conditions ara more favorable to 1T
than in many sections where i'm
mense profits are being made. The
total loss of Mr.. Powell was about
sa,Oo0.
FATALLY SHOOTS A WOMAN.
Greenville. AT O'Clock Saturday
evening Jim Morton, colored, shot at
Corinne Collins, also colored, three
times. Two balls took effect in the
woman's s head and she is expected to
die. Several policemen then attempt
ed to arrest Morton, when he fred at
them three times, emptying his pistol.
The policemen returned tho fire, one
ball entering Morton's groin, the 9TH
er glancing shot in the head. Nor
ton will likely die.
The trouble was oansed by Morton
claiming that the woman had dol
lar belonging to him. When she said
| she did not have it he proceeded to
| shoot.
SOIL MAP OF YAZOO DELTA
Yazoo City.--J. A. Bonsteel, F.W.
TAYLOR, W. e. Hearn and Frank Ben
nett of the bureau Of soils Of the de-
partment of agriculture of the United
States have been in Yazoo county
since the first Of October making a
soil map of 500 square miles of the
county. They begun their work at
the Choctaw meridian on the east
and it extends to the western boun-
Diary of the county, and from Satartia
on the north to Lake City on the
south. Ii will probably take until the
first of January to complete the
work. Each character of the soil will
bs shown on the map, which, when