The leader., 1904-11-23
Preliminary trial Ol oscar franklin

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being frightened around the white
caps OF Lincoln County.
Oscar Franklin, alleged white
leap and murderer, had bis prelim-
linary hearing before Justice
Daughtl.y yesterday morning for
| the murder of Eli Hilson on Dec.
lI9, 1908.
The warrant was served upon
him some time ago at the Jail,
where he has been confined
Ion another murder charge,
THAT of numbering Henry
List last November, OF about |
three weeks before Hilson was
lshot down in cold blood from ann
bush while driving to his home
west of BrookhaYen.
The case was set for 10 o'clock,
but long before the time set a
Icrowd of interested spectators be-
gan congregaitng in the vicinity
LOT the Justices court ard when
the court called for order there
was quite a large crowd present,
representing every class of citi-
zens in Lincoln county, from the |
banker and merchant to the regu-
lar full aedged white cappers who
we're particularly interested in the
witnesses the State bad secured
against Franklin through the
strenuous efforts Of the Executive
Committee Of the Lincoln County /
Law and Order League, composed |
of Messrs. B. [. Hobbs, w. Ell. |
SeaVey, w. j. McGrath, d. j.
Batchelder, d. Cohn and T.
Brady, Jr., and the untiring and
hearty cooperation Of Gov. Var
daman.
The State was represented by |
Hon. Thos. Brady, Jr., and the
defendant by j. W. Cassidy, of
Summit, Miss.
The first witness called was Mr..
Dowie Posey, who was the
last person known to have spoken
to Hilson.
He testified that on Dec. 10,
|1903, while en- route from his
home to Ruben Posey's home that
he met Eli Hilson near the school
house, which is between Ruben
Posey's and Eli Hilson's places,
and that after he had passed Hill |
son and gone a short distance he
heard a gun or pistol shot, but
saw no one shoot and did not
know that Hilson had been killed
until the next day.
The next witness called was
Dave Posey, who stated that on
Dec. 10, 1908, that he was living
about 3 miles east Of BrOokhaven
on the county farm and that on
Sunday, Dec. 90, 1903, Oscar
Franklin visited him at the farm
and told him that be had killed I
Eli Hilson the evening before
with bis rife, having shot him IN
the back after Hilson had passed
the tree behind which he was con-
cealed.
The next witness, Sans Brown,
(coD sWore that on Dec. I9, 1908,
he met Eli HiIson in BrookhaVen
and that he also met franklin.
The latter asked him when he and
Hilson were going home? Brown
told Franklin that he could not
say exactly, but very soon.
franklin then started home or to-
wards home at once.
Brown stated that when be fin
|ished his business he procured a
bottle of liquor and also started
home and at the FIVE mile board
he overlook HiIson and that he
rode along with him until they
reached the road where Hilson
had to turn off to go home. Here
they parted and before Brown
reached home be heard one shot,
but paid little attention to it.
The next witness, introduced
by Mr.. Cassidy, was Ann Brown,
Sans Browns wife, who testified
that on the day Of the Hilson
murder she and her daughter had
been to Nancy Browns house to a
quilting. and that while on their
way home through a lane that
leads from the main road across
to the by road that runs by the
school house and almost to thel
spot where Hilson was killed, she
met Oscar Franklin carrying a
gun and that he spoke to her and
her step-daughter. Ida, as he pass
ed them, she also heard shot fir
ed about the time she arrived at
her house.
The next witness was Sam Po-
sey. who testified that on Sunday
following the murder, Oscar
Franklin told him that he had /
killed old Ell Hilson BY shooting |
him il the head
The next witness TO testify was
IA. J.. Hoyt, The detective who has
returned to w01k Oh Che case, but |
when asked By Mr.. Cassedy If he
knew anything Of the case from
Ibis own personal knoWledge he
answered ia che negative I'D was
told To stand aside.
Ida Brown, colored, testified
that she with Ann Brown met
Franklin il tile road near the
lmain road and that franklin was
carrying q gun.
| Mr.. Cassedy then called Cephus
| Posey, who had been excused by /
Mr.. Brady on account Of his In
| Itoxicated condition, and as BE had /
lfeft tile court room Mr.. Cassidy /
Esene Sheriff Applewhite be get /
lhim and after some delay the sIaer
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