The age-herald., 1901-08-23


 
 in obtaining jury. When A. W. Woodan was questioned he said he believed the negro guilty, but was open to convic- tion.
 Shoes Important Evidence.
 I. l.. Garrett, father of the girl. was the first witness. He Is an elderly man of small stature While his emotion was apparent he gave his evidence in clear, ringing tones He told of how ms daughter returned home in a state or great excitement on the afternoon or May !. She was bruised and her clothing was torn and wet. Tears came in his eyes as he related the finding of broke npleces of jewelry at the scene Of the struggle on the following day. He identified pair of shoes as the ones taken from the water nearby. This worn and tattered pair of shoes played prominent part in the testimony. They were given '~ Brown by John Presley, the negro's em- ployer, on Saturday before the assault Mir Presley was able to identify them by torn place and from iron and brass tacks in the soles. The shoes formed the most important link of evi- dence outside of the positive identifica- ton of the negro by Miss Garrett Dr. J. M Mclaughlin described the young woman's condition when he was called to see her. John Presley then tes- tified as to the shoes.
 Judge Inzer conducted the cross-exam- ination of the witnesses, but nothing was brought out except in corroboration of the direct testimony.
 Miss Garrett Appears.
 The States attorney announced that the last witness would be Miss Garrett Judge Pelham announced that he was requested by Mir. Garrett to ask that all gentlemen leave the court room while the young lady testified The crowd filed out. A man said to be MT. Compton remained. He of- fered some objection to leaving, and Judge Pelham said sternly:
 You have a legal right to remain, sir, but not a genteel right" MT. Compton followed the crowd. Out side of one reporter no one but the guards, court officials and attorneys heard the ev- idence.
 Miss Garrett came in on the arm of her father. She presented the appearance of a person striving desperately to retain her composure, and she did 1t to a remarkable degree. There was not a sound as she took a seat facing the jury. and where she could also look Brown square in the face. Miss Garrett Is a tall brunette, with brown eyes and of athletic build, not pretty. but attractive. She wore a dress or QarK summer 1dDr1c, with net yoke ana sailor hat. Brown gazed at her steadily as she was testifying.
 'T am certain that is the man." she de clared; 1T am positive could not be mis- taken"
 No Argument Made. The lawyers for the defense retired with Brown for a conference, while the crowd was returning to the room At Il :55 the defense announced that 1t would not introduce any testimony. Both sides declined to make any arguments. Judge Pelham charged the jury. An oppressive stiffness prevailed. Every word was given eager attention. He told the jury that if the evidence was con- elusive their duty was to find the de- fendant guilty, and fix his punishment at death or a term in the penitentiary | for not less than ten years. He repeated | the two forms of verdict twice, and the | jury retired at Ii :55.
 | Judge Pelham then asked that the room | be cleared. as 1t was very warm. It was | evident that the testimony had had its l effect on the crowd, and this was the first | of a series of ruses to have the room | cleared before sentence was passed. Only | a portion of the audience obeyed the or | der. The jury formed its verdict in two l minutes. but waited for the crowd to | get out before reporting. | At 12:06. just eleven minutes after 1t | had retired. the jury returned verdict | of guilty, fixing the punishment at death | The crowd heard the verdict with unmis- takable approval.