The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1906-06-16
THE CIRCUIT COURT.
MARION McREE CONVICTED OF MAN.
SLAUGHTER HERRING CASE
CONTINUED.
Continuance of Cases Causes Term to
Come to an Unexpected End
on Thursday.
PRISONERS SENTENCED COURT
TEMPERED JUSTICE WITH MERCY.

| AA"ANOH AASASSS3 "NAo1 "No HSHN
ing wien the last issue of The
Leader went to press, the jury
brought in a verdict of man
slaughter Wednesday afternoon
after being out about two hours.
McRee is young white man of
this city, and a member of one of
the most reputable families of the
county. However, like all too
many young men and boys, he
drifted into bad company and idle,
dissipated habits, despising right
standards and prudent counsel,
with the usual result. He was in
dicted and tried for murder, but
on account of his youth and other
mitigating circumstances, the jury
returned a verdict for the lesser
crime of mansIaughter. The homi
eide occurred last June. The tes
timony showed that young McRee
and his two cousins, Prentiss and
Nolan Easterling, whom he was
visiting at the time near Casey
vile, went to where some negroes
were holding a picnic or festival
on Saturday afternoon armed
with two shotguns and a pistol.
McRee and the older Easterling
brother, who appeared to be
drinking and disorderly, soon got
into a row with young negro
named Green, during which the
latter was killed. McRee emptied
two loads from a shotgun into the
negro's body at close range, one
in the side and one In the back.
The evidence showed that Prentiss
Easterling had hold of Green
when the first shot was fired and
that the negro had two knife
wounds in the breast, one of
which would have proved fatal.
From some unexplained reason,
however, the grand jury failed to
indict Easterling when it indicted
McRee.
The defense set up was that the
young white men had started to a
wash hole near the scene of the
picnic; that they stopped in pass
ing to get some ice cream and see
the negroes dance awhile; that
when Marion McRee asked about
the cream a negro boy in charge
gave an impudent answer, which
was resented by his striking him
over the head with a riding
switch; that Sim Green, who was
standing near, then used vile
epithet, referring to McRee, and
when asked about it repeated it di-
rect, at the same time drawing a
pistol and pointing at Mckee,
who was standing with shot gun
in his hands within few feet of
the negro. At this juncture,
Prentiss Easterllng, who was
near, hearing Mckee call to him
and seeing that the latter was in
danger Of being killed, sprang on
the negro and they began a scuffie
over the pistol. During this
struggle between Easterlng and
the negro, McRee fred twice on
the negro with the shot gun, load
ed with buckshot, and Prentiss
Easterling swore on the witness
stand that he wrenched the pistol
from the neprO's hand after the
second shot.
That the jury did not credit this
story was attested by their ver-
dict. McRee did not testify in
his own behalf. The prosecution
was ably represented by District
Attorney Webb and Hon. P. q.
Jones, and the defendant by Hons.
A. G. McNair and E. F. Brennan.
The case of John Herring,
charged with the murder of John
Frazier in his water melon patch
in the summer Of 1904, was called
for trial at the conclusion of tile
Mckee case, but was continued
until next term because the de-
fendant made affidavit that GER
tain material witnesses were
absent and their attendance could
not be secured on account of sick
ness. Herring was tried for
murder at the last term of court,
convicted of manslaughter and
received a sentence of 25 years in
the penitentiary. On appeal to
the Supreme Court, the case was
reversed on a technicality and sent
back for a new trial.
The term ended rather unex.
| pectedly Thursday, and at 1886
/ p. m. court adjourned sine die.
Wednesday morning, while the
court was still engaged on the
State docket, and when it was
thought impossible to try any
! more civil cases, all civil cases
were continued for the term,
The continuance of the Herring
/ case and the continuance and no
pressing of other State cases
after this, left only the motor
docket and the matter of passing
sentence on prisoners who hac
been convicted, to bring the tern
/ to a close. A large amount q
|ciyiI business was carried over.
McRee was gwen sentence 0l
two years in the penitentiary
/. Will Lee one year, and Lev
/ Brown, colored, convicted on