Hattiesburg daily progress. (Hattiesburg, Miss.) 18??-1909, 1902-06-10
REVRREES AND REMANDS CASE
of Whit Ovens Important Insur-
ance Decision.
$50, 600 Verdict Obtained in Lower
Court Of MontgomeryCounty
Also Reversed.
Special to the Daily Progress.

Special TO the Daily progress.
Jackson, June lo.-From the stand
point of important cases decided, the
sitting OF the supreme court last
evening was the most notable that
has been held during the present
session of the tribunal.
Three death sentence and one life
sentece cases were affirmed, and a
reversal was given IN the celebrated
Whit Owens death penalty case.
This Is a, brief summing up of the
criminal business disposed Of.
Tom Lauderdale and Ashley Cooke,
the assassins of Engineer Rea, of the
Yazoo and Mississippi Valley road,
were jointly sentenced to be hanged
on the 22nd of July. Both are white
men, and the crime of which they
were convicted was one of the most
atrocious in the states history, be-
ing committed absolutely without
provocation and while beth were
badly intoxicated. The court made
no comment in affirming the decision
of the lower court. Numerous objec-
tlons and suggestions of error were
raised by the attorneys for the de-
PENDANTS, but the court did not re-
gard them of sufficient weight for
reversal.
Steve West, a negro, was sentenced
to hang at Vicksburg on the 9th Of
July for the murder Minnie Fisher,
and this crime, which was committed
within the corporate limits OF Vicks-
burg, was also very cold-blooded
affair. Vests wife and the Fisher
woman had quarreled,- the husband
took up the matter, the lie was
exchanged and West pulled his pistol
and fired three shots at the woman
all of which took effect. His Chief
defense was to the effect that the
shooting was accidental. In reading
the decision of the court Justice
Terrall remarked that words are nc
provocation for murder, although
insulting phrases in assault and bat
terry cases may be regarded by iuries
as Justification for assault.
The opinion in the Whit Owen.
case, read by Chief Justice Whitfield
was an unusually strong and mag
nificent delivery. Owens was befor'
the court in two cases, having beef
sentenced to death for participation
IN the death of one of the Mont
gomery brothers, and to life impris
onment for assisting in the killing 0
the other brother.
The court pointed out where th'
conviction had been secured on TIN
testimony of the negro Lester VII
| had shamelessly and carelessly con
! fessed to perjury in several instances
The trial Judge also grievOusly erret
| In permitting certain evidence to b
admitted, and in refusing two in
structions asked by the defense
Judge Whitfield declared that til
prisoner had not been given the FIRE
and impartial trial guaranteed hir
by the constitution, and reversed an
remanded the case. Owens is nov
in the Jackson jail where he vii
remain until the next term of cour
in Lafayette county.
The celebrated cotton INSURANCE
case from Warren county, Hartfor,
Fire Insurance Company vs.. d.
| Schlenker. was affirmed by the court
land this knocks out the contention 0
the insurance companies that MAJ
can sign away his legal rights il
accepting an Insurance policy. Th'
section of the law vitality concerned
in the decision is the act Of 1895
chapter Sc, known as the valued
psliey law. Mr.. Sehlenker carried
$4,000 insurance on quantity o.
cotton, $4,000 of which was in thf
Hartford A fire destroyed about