The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1902-02-08

For nearly TWO WeehS IHO OiloA VI
Ashley Cooke and Tom Lauderdale
for the killing of Engineer Rhea has
been going on in the courts OF this
county. 1t was Thursday afternoon,
about the hour Of that the jury re-
tired to their room with the argument
of the attorneys fresh in their minds
and the instructions of the court In
their hands to direct them in deter
mining their verdict, and handed 1t 10
the Judge in open court five hours
later, which was guilty as charged,
but not agreeing as to punishment.
The jury was unit as to the guilt but
could not agree on the punishment OF
Lauderdale, some thinking he should
receive life sentence.
To give the entire testimony Of the
case would fill the paper, but we will
state briefly the evidence on which the
Jury acted: That these four men,
Cooke, Lauderdale, Blackburn and
Phipps were out on lark, that they
boarded the northbound train at Le-
land, and, as they started into the car,
Phipps, Lauderdale's brother-in-law,
stumbled over Rhea's feet that were
hanging over the arm of the seat on
which he was asleep. That Cooke
came In about this time and was enter
ing into the fuss when another engi-
neer named Burke, who was with
Rhea, told Cooke that Rhea was all
right, and so they all started back to-
ward the stove. That Blackburn re-
turned and ordered Rhea out of the
car: that he had gotten up out OF his
seat and was starting for the door
when the three or more shots were
fred that sent him to his last home.
One witness for the state testified
that Cooke said before the man vas
killed that she Summoned him TO be, ,
shot, and that he fred two Shots, the
first and last aty him, while Lauder
dale said ssHe killed thes ofa 80
The above testimony was substantl-
ated by other witnesses for the state.
The witnesses forthe defense were
put on to prove Cookies insanity,
which was brought on by blow on the
head he received Y by being thrown
from horse in 1890. Some said he
was insane on the question of guns and
killing. Others. held he was insane
because he would never talk for any
length of time on any one subject
while others said he imagined some
thing was after him all the time and
would often throw his hands behind
lhim as If going after his gun.
The prosecution introduced num-
ber of witnesses who testified they be-
lieved him sane man.
The question of the kind of bullet
that killed Rhea was shown by experts,
introduced by the defense, and if their
conclusions were right it was 3S
Winchester bullet that caused his
death, as the bullet of such a gun
weighed ISO grains, and the one cut
from the neck of the dead man weigh
ed 176 grains. y
The defense Of Lauderdale proved
that he fired his gun through the top
Of the car as the evidence showed.
The evidence closed Tuesday and
the argument begun about p. m. the
next day, when the Hon. LIE Roy Percy
made the opening speech for the pros
ecution. For two hours he hefd the
Attention of the jury aud every ear Ia
the courtroom by his arguments of
he prisoners guilt, and tile eloquent
Expressions that fell from his tongue.
His speech was admitted BY all
Is one Of the best delivered at the
trial.
Judge Harris followed Mr. Percy,
bid for one hour pleaded for Lauder
] hale's acquital, showing FROM the facts
presented that it was not the ball from
lis gun that killed the deceased. Aft
b his speech the court adjourned until
p. NJ. l.
4 On the reassembling of the court At
|orney J. N. Jayne appeared for Cooke,
ind in a speech lasting little over an
lour he showed the jury that it could
lot have been Cookies pistol that kill
ID Rhea, as no ball that could be fred
rom it would weigh 176 grains, the
Weight OF the bullet extracted from
he dead man. He dwelt some time !
10 Cookies insanity, and asked that he
,e sent to the asylum If they believed
rom the evidence itwas true.
Judge Wynne followed Mr.. Harris In
strong defense for his client, show
ng the same facts as shown by Mr..
farris, that the bullet was not from I
.auderdal's gun.
The speech Of Mr.. Dean was consid-
red by all who heard the arguments
3 one Of the strongest made for the
efense, and no doubt had weight on