The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-11-10

Decision This Observation-Disclosures
Viii Also be Sentenced Today
Henry Scott. Who is Considered the
Leader. Placed on Trial Yesterday
Afternoon.
Yesterday afternoon at 40 o'clock
Adams Inc Sawyer, two of the mutt
neers from the schooner Berwind.
learned their fate and it was death.
Guilty of murder was the verdict of
the jury, no recommendation being
made Dor mercy and such being the
case there is no o but to sem
tence the men to be hanged. Judg-
ment will be pronounced this morning
and it is more than probable that
Judge Purnell will sentence the men
to be hanged i'll Atlanta as that is
where the federal prison is located for
this part of the country. They could
be hanged here, it is at the discretion
of the judge, but it would have to be
on Il federal reservation.
The verdict caused considerable sur
prise. There we're few, if any, who
thought the men would be found not
guilty, but it was the opinion of a
large number of those who heard all
the evidence that a verdict would be
returned recommending life imprison-
ment. 1t was generally regarded that
there was a slight doubt as to the
mems guilt. If a jury should return
q verdict recommending life imprison-
ment in SCOTS case it would cause the
greatest surprise for he is regarded as
the arch cOnspirator and Il fiend incar-
nate. He admitted his guilt some
weeks ago to Captain David +. Stetson
and at the time told him that he lied
at the preliminary trial before the u.
S. Commissioner and said the story he
told Captain Stetson was a true one
Later lie went back to his old stC\y
that he killed only one a Coakley,
and that he did that in self-defense.
1t was thought yesterday morning
that additional witnesses would be put
Hon the stand but this was not done. On
the evening before the district attor-
ney had produced the official log from
the schooner Berwind and the intro
~Guction of the log as evidence
was objected to by Mr.. Feschau. Judge
:Purnel1 reserved his decision until yes
terGay morning, SO that he could look
up some authorities, but it proved I'M
necessary for yesterday morning Dis
trict Attorney Skinner decided not to
offer the log as evidence.
The attorneys then addressed the
jury, the first speech being made by
Assistant District Attorney J. A. Giles.
His speech consumed 45 minutes n
the evidence as adduced was summed
up in Il brief, concise II and was
presented in such a way that the
jury had no trouble in following the
trend of the speakers argument. Mr..
Giles is a plausible speaker and has an
earnestness about him which made his
words have effect.
Mr.. George L.. PeScbaT, the attorney
for Adams and Sawyer, then addressed
the twelve men who were to decide on
the guilt of the men at the bar and by
their verdict seal their fate with death
or life. Since he first took the case he
realized that he faced fearful odds but
this did not diminish his zeal and he
delved into the case with a determine
ton to clear the men if possible, and II
not to clear them to ecure a verdict
giving them life Imprisonment instead
of death.
The speaker presented a plausible
story but the circumstances were too
peculiar for the jury to efface from
their minds the fact that they were in
nocent of the crime. Mr.. Peschau
spoke of the loaded billy" found in
SCOTS bunk and his theory was that
he used this weapon to knock the men
into insenSibility or to stun them and
then got in his work with his pistols.
Much stress was laid on the fact that
Adams and Sawyer were afraid or
Scott and especially when he had in his
possession pistols and that at the very
first opportunity that presented itself
that they overpOwered Scott and tied
him. The entire trend of Mr.. Pes
.chau's argument was along he line or
reasonable doubt. His plea to the jury
for the mems lives was an earnest
che but he was defending attorney in
one of the most hopeless cases ever
tried in this state.
District Attorney SINNERS speech
was an able one and he has a way
about him that has considerable in
fuence with a jury. One MS
words will carry The most stlnSlns
sarcasm and the next a smile will play
over his countcnance as he speaks &c
the jury in We. modulated tones AND
LAYS before them some matter which he
desires them 10 specially consider. IL
the course of his speech yesterday, Mr
Skinner mentioned the fact that II
his practice of 20 years he had never
yet prosecuted a person for their life
for a monetary consideration and tina
on this occasion he was doing 1t be
cause it became his sworn duty as j
was the DUTY of the jurors to pass Upon
guilt of the men at trial. He spoke q
the safeguards .brown around the sail.
or by the laws passed by Congress and
that the United States was ever ready
to protect the welfare of her sailors
but on the other hand the sailors wer.