The Columbus dispatch. (Columbus, Miss.) 1905-1908, 1906-12-20

the foreman. Mr.. Clerk, read The
verdict of the jury
On the back of the indictment the
clerk read: 1--WE, the jury, find the
defendant guilty of manslaughter and
recommend the mercy of the court
; At first Mrs. Birdsong showed nc
signs of emotion, but as soon as she
victed, she wept bitterly. There was
no one present to console her at the
time, the verdict being so unexpected
that her husband was out in town
and all of her attorneys had left the
city, thinking a mistrial certain. Hon.
r. n. Miller, one of the leading coun-
sci for defendant, is seriously i'll at
his home in this city, but was imme-
diately notified of the result. He re-
Quested the court, through his pri-
vate secretary, to permit Mrs. Bird
song to be carried to a hotel and
guarded till morning, when some of
| her attorneys could reach her and file
motion for a new trial
An interview was had with several
members of the jury, who discussed
the opinion freely. They said last
night as they retired to consider the
case, a proposition was made that
in the event if seven men favored
verdict that the others would cast
their ballots with the majority.
The first ballot was taken this
morning, the night being spent in
arguing with one another the kind
of verdict to return. The first ballot
was seven for manslaughter and five
for acquittaI After several ballots
one for acquittal went over to the
others. Finally it narrowed down
to three for acquittaI and nine for
conviction.
This was the result when the court
was notified at II O'Clock that ver
dict could not be reached. After the
court instructed them to deliberate
further, one by one went over to the
majority until only one remained,
and then, according to promise, he
joined the others.
N IS ana Ia a'ion WIN the ,ass @
had no idea that the Sentiment of the
others was different from his, or he
would have never agreed to it. He
said he was sorry he made such an
agreement, and would never do so
again. That he believed she should
have been promptly acquitted.
Under the new code the minimum
penalty for manslaughter is, first, a
fine of $500; second, same fine and
twelve months in the county jail;
third, not less than two years in the
State penitentiary, and the maximum
penalty is twenty years.
The hope is indulged by nearly
everybody here that Judge Miller
will grant the motion for new trial,
1t is not believed that there is an
other jury in the State that will con-
vict her in the event a new trial is
denied and the supreme court re-
verses the verdict of the lower court.
The people think that she has been
punished enough, even were she real
ly guilty as charged, but very few
seem to hold that opinion now. The
verdict of the jury is universally con-
demned, and the Jurors are being
bitterly denounced on the streets.
The strong plea of emotional in
sanity made in her behalf by Senator
McLauT1n, who spoke for three hours,
was here against her, and the further
fact tEat DR.. Butler was a man of
strong mind and was capable of eX-
ercising influence over her, if he de-
sired 1o do so, she being young and
of weak mentality since her last child
was born.
This closes the most sensational
murder trial in the criminal history
of Mississippi for the past decade.
More interest had been taken in it
by the outside world than in any 9th
er case on record in Mississippi. Full
reports have Deen sent to metropoli-
tan papers in the North, South and
East since the opening day.
More legal talent has been repre-
sented on both sides than in any 9th
er case on record. For the defense
were United States Senator McLau-
rim of Brandon, Hon. r. n. Miller
of Hazlehurst, State Senator Magee
Of Monticello, Hon. G. w. May of
Jackson, Hon. r. L. Dent of Gulfport,
Senator Dent of Simpson county, and
Hon. Walter Dent of Mendenhall.
The prosecution employed such talent
as A. C. McNair, Brookhaven; Lon
gino, Willing & Wilson, Jackson: L.
e. Grice of Monticello, and District