Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1905-12-28
The spaugh Trial.

n Spaugn Trial.
From the C~entreville Reformer.
Sand it is the earnest desire OF
the judge of this court that God in
His mercy and wisdom, and in His
infinite goodness may have mercy
on your soul Judge Williams,
sentencing VIM. Spaugh, J.
Attorney Jos. G. Williams filed
a motion for a new trial in the
Spaugh case last Saturday after
noon. There were many reasons
set up in the motion for new trial,
but.the two principal ones alleged
that the shotgun which had been
used in evidence in the trial OF
VIM. Spaugh, Jr., and Mrs. Mary
E. Spaugh, and a winchester rifle
which was found near where Ar
thur and VIM. Spaugh were cap
tured, had been left in the court
room under the circuit clerks desk
during the deliberations of the
jury. 1t was also alleged that the
jury had been allowed to separate
after they had been empanelled
after the trial had commenced.
Mr.. Williams made an eloquent
plea in support of his motion, and
his remarks were listened to for
an hour with closest attention.
Messrs. Raney and Dining for
the State made able arguments
against the motion.
Sheriff Jordan was sworn and
testified that he knew nothing of
the presence of the guns in the
court room until after the close of
the trial. Circuit Clerk Buford
testified hat the guns had been
placed under his desk by Prose-
cutting Attorney Damron of Iron
county; the attorneys for the de-
tense knew they were there.
Judge Dining offered to place
Jasper Colyott, a juryman, on the
stand, but Judge Williams de-
clined to place one juryman on the
stand unless they were all brought
in to testify. The State then
asked that subpoenas be issued for
the rest of the jury. The court
ordered subpoenas issued and then
adjourned until Monday morning
at 8 o'clock.
When court opened Monday
morning the examination of the
jurymen was begun. Albert Chit
wood had examined the guns while
the jury was locked in the court
room. Jasper Colyott never saw
the guns nor did he know that they
were in the court room. Some of
the other jurymen had seen them,
others had not; but each one swore.
that thespresence of the guns had
not influenced him in arriving at a
verdict. Other reasons for a new
trial were given up to Wednesday
informing. There was very little
evidence to show that the jury had
been separated.
The case took a rather sensa-
tional turn yesterday morning
when the attorneys for the de-
Tense filed an affidavit sworn to by
George Davidson, to the effect that
Albert Chitwood had remarked in
his presence some time ago that if
the jury did not hang Bill Spaugh,
he, Chitwood, would hang the
jury. Subpoenas were issued at
once for Chitwood, Davidson and
Joe Pogue.
kilograms flew thick and fast
Saturday afternoon when the mo-
tionYfor a new trial in the Spaugh
case came up. Judges Dining and
Raney were here to look after the
States interests, while Jos. G..
Williams and j. B. Daniel pre-
pared the motion. The two first
mentioned gentlemen were due at
Poplar Bluff Monday morning and
Mr.. Williams was due in st. Louis
the same day. The alarm was
sounded and Prosecuting Attorney
Damron was the first to respond,
arriving at 2 P. M. Sunday. Mr..
Finch came in Sunday night, Mr..
Frazier Monday night, Mr.. Edgar
Tuesday, and Mr.. Williams Tues
day night.
Geo. Davidson was staying with
friends close to town and there
was no trouble in getting him.
Sheriff Jordan went after Pogue
and sent Deputy H. L. Fits after
Albert Chitwood. The sheriff
came back with Pogue about 4
o'clock. Chitwood had left home
as soon as he was excused from
the jury, and had gone into the
northwestern part of the county on
business and it was uncertain when
he would be back or where he
could be found. 1t was evident to
all who had watched the proceed
ings that the defense was making
its last stand, and the appearance
of Chitwood was looked for with
intense interest.
The court declined to hear David.
son or Pogue until Chitwood could
be found. At 10 o'clock to-day
Chitwood came in and court was
called at one o'clock. Davidson
was placed on the stand. He swore
he was born seventeen years ago
to-day. He further stated that he
heard Albert Chitwood tell Joe
Pogue that if the jury did not hang
Bill Spaugh that he, Chitwood,
would hang the jury. Whencross-
examined as to the date of his
birth he first said he was born in
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