The leader., 1904-12-21
IN THE CIRCUIT COURT
ALL Of Tine CONVICTED WHITE CAPS
SENTENCED FOR LONG TERMS.
Dave Poser Convicted oi MansIauehler
Other Cases.

The Court spent Monday and
Tuesday ON the trial Of Dave
Posey, on an indictment for the
murder Of Ben Bayiiss, d coIored
tenant on bis farm, III the month
of September. The special venire
was exhausted and then the jury
was completed from the regular
panel.
The plea of the defendant was
that he killed the negro in self
defense, while Bayliss was steal
ing corn from his barn. The
theory Of the State was that Bay
liss was killed with q pistol while
protesting against being thrashed
BY Posey with a buggy whip, and
that the self-defense plea, sack Of
corn and piece Of scantling found
lying by the negro's side several
hours afterward, was an after
thought to cover up the,crime.
District Attorney Webb was
assisted BY Chairman Brady, Of
the Law and Order League, and
Messrs. McNair and H. Cassidy
appeared for defendant. The
case was submitted to the jury
yesterday afternoon, and after be-
ing out about an hour OF more,
the jury returned a verdict of
guilty of manslaughter. The
Court promptly over ruled a mo-
ti0n for a new trial and calling on
the prisoner to stand up, sentenc-
ed him to % years in the peniten-
tiary.
a few minutes later the court
room was empty, the court was
declared finally adjourned, and
the officials we're shaking hands
and wishing each other a Merry
Christmas and Happy New Year.
During the interval while the
Posey jury was out, the court had
all the prisoners brought in who
were convicted at this term and
formally pronounced sentence up
|on them. Oscar Franklin was
given a life sentence. Henry
Lotion and Lewis Jones, who had
been important State witnesses,
were discharged. Other sentences
by the court are given below.
Though the court room was not
filled, this part OF the proceedings
was very solemn and impressive.
Since last report the following
matters have been disposed Of:
State VS.. Bert McNair Chalg-
ed with white capping. Jury
and verdict Of not guilty in two
cases.
State VS.. VIM. Driver Charg-
ed with assault and battery with
intent to kill. Continued.
State VS.. J. G. Bryant Charg-
ed with white Gaping. Demur-
rer to the Indictment sustained and
defendant required TO give a $500
bond for his appearance at next
term of court.
State VS.. Jim HuntIer Charged
with assault and battery with in
tent to kill. Plea of guilty and
sentenced to the penitentiary for
term of one year.
State VS.. John McNulty Mo-
tion for new trial overruled and
80 days allowed to file bill of ex-
ceptions.
State VS.. Sam Jones Defend
ant discharged from further custo-
dy.
State VS.. Will Porter, Henry
Lotion and Cliff Smith Charged
with murder. Mol pressed.
State VS.. Sam Posey Charged
with white Gaping. Pleaof gull
ty and sentenced to. the peniten-
tiary for FIVE years.
State VS.. Sam Posey Plea Of
guilty to charge of white capping
and sentenced to the penitentiary
for a term Of five years to COM
mence at expiration Of first term.
State vs.. Sam Posey Jury and
verdict OF guilty on charge Of rob.
berry and sentenced to ten years III.
the penitentiary to commence at
expiration Of second term.
State rs. Whit Smith Bob
Smith, Elias Smith, Ebert Gill
and Will franklin Plea Of guilty
TO mansIaughter and sentenced 70
serve tenn Of fifty years III State
penitentiary.
State VS.. John Herring
Charged with murder. Defend
ant admitted to bail in the sum of
50. 500 and cause continued.
State VS.. Dave Posey Charged
with the murder of Ben Bayliss.
Jury and verdict for manslaughter
and sentenced to the penitenfiary
for the term Of twenty-five years.
Defendant allowed 80 days to file
bill Of exceptions.
After allowing the accounts of
the Sheriff, clerk, stenographer,
iuries, witnesses, etc., the court
adjourned Tuesday afternoon.
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