The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-04-13
LIMIT OF LAW
FOR DICKERSON
JURY RETURNED VERDICT
OF GUILTY of INVOLUNTARY MAN
SLAUGHTER.

! Given Three Years at Hard Labor
by Judge Cann-COunseI for De-
PENDANT Asked for Poll of Jury.
VIII Ask Court for a New Trial.
| Defendant Grew Nervous While
Waiting for Counsel to Come to
Court to Hear Observation-Disclosures
of Children to Testify Against
Father.
In the Superior Court yesterday Ben
jamin F. Dickerson, the alleged uxori-
eide was found guilty of involuntary
manslaughter.
Judge Cam imposed the limit of
the law, three years at hard labor
in the penitentiary
Dickerson's attorney, Mr.. James F.
Evans, will ask for a new trial.
The case was given to the jury
shortly before o'clock. Shortly after
o'clock the jury returned and asked
to be re-charged. This was done and
'again the jurors retired, returning with
the verdict at 6:10.
Mr.. Evans, attorney for the defend
ant, was absent from the court room
at the time and there was a slight
delay. Dickerson occupied the prison
er's chair near the sheriff, and as the
minutes passed he began growing
nervous. His hat lay over his knee
and this he fingered nervously. He
scrutinized the faces of the jurors
closely, but could gain no inkling of
his fate.
Asked for Poll of Jury.
When Mr.. Evans reached the court
room Judge Cam asked if the jury had
agreed upon a verdict. The foreman
responded in the affirmative and the
indictment was handed to Clerk Carr.
I'VE the jury find the defendant guilty
of voluntary manslaughter," he read.
The foreman of the jury rose at once
with the words: THAT is involuntary
manslaughter, Mr.. Clerk" The cor
| rection was at once made and then Mr..
Evans asked for poll of the jury.
AS each jurors name was called he
| rose and answered the question as to
the verdict being his in the afflrma
tive.
Dickerson, without waiting for the
| order of the court, stood up at once
to receive the sentence. Turning to
him Judge Cam said, in part:
Cruel, Brutal and Inhuman.
You were put on trial to answer the
charge of numbering your wife. In it's
mercy the jury has adjudged you gull
ty of involuntary manslaughter. The
| assault you made upon your wife, and
which you were utterly unable to eX-
plain, was most cruel, brutal and in
| human. 1t is only because of the
mercy of the jury that you escape a
sentence of a long term of years.
Under the circumstances 1 feel that
would not be doing my duty to the
people of this state and county, if l did
| not give you the limit of the law. The
sentence of this court is that you serve
three years at hard labor in the peni-
tertiary
At the conclusion of the sentence,
Dickerson's eyes filled, he bowed slight
ly to the court, and then stepped back
into the sheriff's office. Mr.. Evans then
announced his intention of seeking a
new trial.
Vague Testimony of Children.
The story told by the witnesses in
the case was substantially the same
as that printed in the Morning News
Immediately after the coroner's in
quest. The one exception was in the
case of the two children of the de-
ceased, who refused to testify against
their father. At the hearing before
the coroner both had testified willingly.
Lee Roy Dfckerson, the 11-year- old
son of the defendant, was the most
interesting witness. The boy at first
did not seem to realize the gravity of
his position, and the damage that
might be done by his evidence. At
the request of Mr. Evans, the court
examined the boy as to his competency,
%1oA l,
knew it was wrong not to tell the
truth
When the boy was asked to tell
about the beating his father gave his
mother, he refused. When at last the
court secured an admission from him,
, he burst into tears. He admitted that
his father had cursed him, and his
mother, but no amount of coaxing
could draw from him what the words
were. Mr. Charlton falling, Solicitor
Osborne tried his skill, but with no
better results. The boy said the fuss
between his father and mother began
the night before.
Daughter Also Reluctant.
Miss Addie Dickerson, daughter of the
prisoner, and a very pretty country
girl, also testified against her father,
though her evidence was reluctantly
given. She told of her mothers COM
ing to her house after the beating,
and stating that she feared she would
never get well. The woman stated that
her husband had whipped her, and
asked that the coroner be sent for,
and that her husband be not allowed
to see her face after she was dead.
She was not positive that her mother
had said she would die as the result
of the beating, and on cross examina-
ton stated that she had said she would
die, anyway. The girl admitted also
having seen bruises on her mothers
body.
Mrs. Sarah Dickerson testified as to
the marks and bruises which she no.
ticed on the body of the deceased when
she was preparing it for burial
Were 40 Witness in Case.
The other witnesses were all neigh
bors. When the call was made for the
witnesses TO be sworn, forty-six rails
ed their hands. The evidence of the
neighbors was all concerning the ours
ings which they had heard, and state
ments that had been made to them by
the deceased.
In his own behalf Dickerson made a
statement of the trouble. He stat
ed that he and his wife had quarreled
and that he had picked up sea-myrtle
brush-broom switch, and struck her
three or four ticks with it. The evil
dence of his son in regard to the size
of the switch corroborated that of the
defendant.