The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1902-02-15
McWHIRTER GUILTY.
So a Jury Of His Peers Pronounced
Him Observation-Disclosures
to Hang April nth.

Him Observation-Disclosures
to Hang April 18th.
The second chapter in the case OF Jas.
McWhirter has closed and he lies IN MS
cell a convicted felon with the shadow
of the gallows staring him in the face.
AS previously announced speciai
term of circuit court had been called
to meet last Monday by Judge Evans,
as soon as he was notified that Nc Whir-
ter had been captured.
Readers of The PRESS are familiar
with the case and 1t Is unnecessary to
take up space in recapitulating the
crime Of Nov. 18th last, for which Nc
Whirter WAS placed on trial Monday.
1t was found necessary for the court
to adjourn a few hours to give the
sheriff time to secure a venire from
which TO select a jury. The selection
was begun at p. NJ. and the following
iury was chosen: Jno. COatney, Joe
Mayfeld, j. A. Watkins. P. NJ. Rains,
D. Y. Wescott, j. G.. West, Joe Case
Deere, Pete Harris, W. R. Boiling, b.
Caraway, T. A. Brown and Frank
Weese.
About sixty witnesses had been sub.
pened. The defense acknowledged the
fact of the killing by McWhirter and
made 1t defense along the lines OF In.
sanity, claiming that McWhirter had
not been of sound mind for years, and
at the time of the killing was not re.
sponsible for his acts, and to prove this
a number of witnesses were put on the
stand by the defendants attorneys,
Messrs. Sam R. Chew of Van Buren,,
and j. F. Floyd of Bentonville.
The state introduced witnesses to
prove that up to the time of the murder
the defendant had appeared perfectly
sane so far as his talk and actions went
and their evidence thoroughly combated
the theory that the defendent was nm.
able to distinguish between right and
wrong.
The taking of testimony was finished
by 4 80 P. M. Tuesday, and the summing
up by the attorneys and charge by the
Judge occupied until 10 O'Clock We'd
nesday, when the case was given to the
Jury. Their deliberations occupied
about three hours. On the first ballot
the jury Ia reported to have stood ten
for conviction, and two whose minds
had not been fully made up regarding
Nc Whittier 8 sanity. After some dis
cussion, these two were convinced that
Nc Whirter was mentally capable Of
distinguishing between right and wrong
and at 1 30 p. NJ. word was sent the
court that they were ready to report.
The prisoner was brought over from
Jail, and the jury filed in, and through
their spokesman, W. r. Boiling, an
nounced their verdict to be guilty, as
charged in the indictment. - The
Judge, after thanking them, discharged
them from further duty, and the pris-
oner was taken back to Jail to be again
brought at later hour into the presence
of the court to receive his sentence.
Before sentence was pronounced, Nc
Writers attorneys made motion for
a new trial, which was overruled, after
which the prisoner was sentenced to be
executed Friday, April 18th.
1t is reported that McWhirter 8 attor-
neys will appeal the case to the supreme
court.
After sentence had been pronounced
and McWhirter had been taken back to
his cell, he gave way to his feelings.
but since then has been eating and
sleeping as regularly as his cell.mate,
Kit Helton, who ia likewise under SEN
tence Of death for numbering his wife.