The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-06-08
JURY RETURNED VERDICT AT
$3.50 THIS :AFTERNooN-vER-
lDlcT5WELCS RECEIVED n
MASON GAVE A FAIR AND
IMPARTIAL CHARGE TO
JURY. s

ySstss.4 3f. .s5s SUHf.Esl9 90 y iit 1s
Judge Mason's instructions to the
jury we're conceded by all the attor.
neys present in the court room TO be
in favor of the prisoner. The court
instructed the jury that the indict-
ment against Jackson was no proof o.
guilt; that 1t still rests with the State
to prove the charge; the presumption
is that the prisoner Is innocent, ana
this is not merely a form: that area-
sonable doubt must be in Jackson's
favor, and that the doubt must be
based upon the evidence or lack OF
evidence; that when the defendant re.
lies upon self defense as plea, Tie
State mustSproye that he was not in
imminent danger; that the defend.
ant may be relied upon as much as
any other witness; that the defend,
ant may act on the appearance of aa
attack even IL It is afterward provc,i
that the appearance was false; that
the defendant is himself the Judge Of
the imminence Of the danger; that the
jury must take into consideration the
comparative size of the two men, The
threats Of. the one and the fear OF The
other that the State must prove lnal.
ice; that Jackson had a right to. arm
- ~
himself Il he believed himself III
danger. ~ f
Jackson was in better condition
this morning, the fourth day OF his
trial, and both he and his mother sat
quietly through sto-day's proceedings
and were evidently neryed up to heay
the momentous decision this after.
noon.
| Jackson's wife came into court this
afternoon. She did not make nearly
as favorable an Impression on the
spectators as either Jackson himself
or his mother. The real tragedy OF
this whole occurrence was in the heart
of Jackson's honest, toil-worn, ana
loyal mother herself.
Attorney W. B. Cornwell opened the
" argument at, $40 this morning. Mr.
4 Cornwell held the attention OF the
jury and spectators in most fatter.
ing fashion from start to finish. His
{ statements appealed to everybody as
being eminently fair and just, and his
arraignment OF the prisoner power
i full one. III
Mr.. Cornwell began by calling the
jury's attention to the, Importance OF
the case. The law is intended to pro
|tect peaceable citizens. The only pur
, pose of counsel in a case is to assist
4 the jury in arriving at the truth. Mr.
Cornwell compllmented the lawyers
on the other side, saying that he hat
found them perfectly fair in the case
He stated that he wanted the jury te
find a verdict which would be satisfac
tory to themselves then and after
ward, If the jury believed absolutely
what the boy said about the encounter
, they should acqult him. If not the,
: must believe that Jackson had somt
! motive in mlsrepresenting about the
affair. 4. <. !. 4 f, <. 3S
At this point Mr.. Cornwell said he
believed that Jackson did not tell the
truth. Mr.. Meredith Immediately OBJ
jected to the statement going to the
jury, and the objection was sustained
& by the court. Mr.. Cornwell. with
drew the statement, and asked tht
jury If they believed 1t. X
Mr.. Cornwell dwelt strongly on tht
+ contradiction between the statemen
of, the accused to Mr.. Burch, accord
ing to Mr.. Burch's statement, and fhi
J, statement on the stand, Mayor Burcl
! said on the stand that Jackson ha,
said to him that he saw Cozad outsid,
s the station; that he went out and CO
y zad called him vile name and mad
a demonstration "as though" to al
J. tack him, and he shot him. jackson
n said on the stand that he did not Sc
n Cozad until he came out OF the station
r 1t was small wonder that Cozad ha
r feeling against Jackson for accuslni
g him Of stealing the coal. The fac
|. that Cozad used vile epithet, as h
r probably did, when Jackson came OH
r of the station, would not justify Jacl
J. son in even striking him. The prls
Il oner did what he told Burch he did
S what he told Mrs. Cozad he did; viz.
t. when Cozad called him son Of a b.
# he shot him. And II 50 it was murde
Il and murder in the first degree. Jess
Martin told the truth when he sal
y he saw him standing in the door in
Il mediately3 after the shot was fret
ID Truemans Shaver saw the smoke a
( though coming from the door Of th
I'll n Il 3 ~ I, .Y,ss,