The Tupelo journal., 1904-02-12
CASE IS
IN JURY'S HANDS
Jury Locked Up After Eight Hours
Without Reaching a Verdict.
BOTH SIDES ARE CONFIDENT
Judge raves Awaited Decision I'm
til Midnight Before Ordering Jury
Locked Up For the Nfght-Out-
look FavOrs Hung Jury.

ioANoh, V1O-, TSD- O.-oA lLG CllLlCdl
day of his trial, Edward Butler faced
the jury confident of his acquittal.
All thai remained of the celebrated
bribery case, in which Col. Butler is
accused of paying $47,50O to 10 mem
bers of st. Louis house of delegates for
their votes o the ten-year ST. Louis
lighting bill, was the argument OF
counsel, which began on the conven-
ing of court at $50 Friday.
Farmers living miles away arose as
early as four o'clock and came to Full.
on to get seats in court. The room
was packed long before Judge Graves
assembled the bench. At each of the
previous days of the trial the little
room was packed, but the crowd was
denser Friday than ever before.
-Four days of patient, undivided at.
tention to testimony, which at times
seemed to startle them, caused the
jurors to appear anxious for the end
OF their long ordeal. They shifted
%uneasily in their chairs, and occa-
SioHdlly ydWHeu.
Argument For State Opened.
G. Orrick Bishop opened the argu.
ment for the state at $40. Mr.. Bishop
began by calling attention to the posi-
ton of the state toward the defend
ant; OF the crime of bribery of which
the defendant was accused; the va,
rlous allegations bearing on the indict.
ment, and declared that all the state
desired was equal and e~ven-handed
justice.
Il have no doubt" said Mr.. Bishop,
that you have been shocked immeas.
urably by the disclosures which this
trial developed of legislative criminal
ity in the city Of st. Louis. Undoubt.
edly the picture drawn by the testi.
mony of these witnesses must have
appeared before you as a great and
overwhelming civic disaster, scarcely
within the range of human concep-
ton"
Folk Makes Closing Argument.
Circuit Attorney Folk Immediately
began the closing speech.
He declared the state would have
been glad to bring reputable men to
testify in a bribery case, but that
crimes of that character are under the
surface and honest men did not partic-
ipate in them. 1t was necessary for
the state to produce contaminated
witnesses. because only the bribe-giv-
ers and bribe-takers were present
when their nefarious schemes were
conSummated.
Negative Aiibi, Declares Folk.
The circuit attorney went carefully
over the evidence, which connected
the defendant with the crime, and
then assailed his alibi which was de-
clared of a negative, and not of a posi-
tive character.
He asserted the evidence was over
whelming and positive that Butler was
the man who paid the bride. He dwelt
at some length upon the evidence of
corruption, and added hat the law
against bribery should be rigidly en-.
forced. This, he declared. was as
strong a case of bribery as could ordi.
narily be established.
Case Goes to the Jury.
The case went to the jury at 1855,
Immediately at the conclusion of Cir
cult Attorney Folks argument. The
impression was pretty general in Full
ton that there would be a hung jury.
After the jury had retired Butler
remarked to friends that he did not
intend to worry about the verdict.
Il would sooner be acquitted than to
have a hung jury, of course" said But
Ter.
Il don't give a d-n how the case
goes-much," said Col. Butler, when
he was asked, after the jury retired,
what he thought of his chances.
When asked why he did not attempt
to prove where he was on the night
of the alleged bribery, he said he had
nobody to prove it by except his wife.
q would rather go to the peniten-
tiary than put my aged wife on the
stand to swear in my behalf"
Il am satisfied the state has made
a strong case, and l do not fear the
result" said Mr.. Folk.
"