The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1906-02-24
MISSISSIPPI MATTERS:
MRS. STUART NOT. GUILTY.
her Husband, Whom She Was Ac.
cnsed of Poisoning, Was Not
Allowed to Testify.

cnsed of Poisoning, Was Not
Allowed to Testify.
In the circuit court a. Woodville las,
week, Mrs. Castillo ST. art, So years old
was declared not guilty of attempting
TO poison her husband, William c. Stu.
art on Jan. 5, 1906, by administering
morphine poison.
Inc verdict of the jury followed in
structions from Judge Theo. Mcknight.
appointed special judge to try the case,
as the regular, judge, Moses Wilkil.-
son, is a half-brother of accused. The
instructions followed a ruling of Judge
Mcknight on an objection to the testi-
mony OF William G. Stuart, the hus-
pand, which was raised by the defense.
stuart was about to testify that his wife
administered an enema which contain
co morphine poison, and hat he lapsed
INTO Inconsistencies, which nearly re-
suited In his death, when MI. Radcliffe
cried, II object"
State your objection" said Judge
Mcknight.
The point raised by Nh. Ratclife was
that under section 1854 of the Missis-
slppl annotated code of 1902 there could
be no punishment when poison admin
lstered was not actually taken or vol
unfairly taken by the person to whom
IL Is administered. Stuart, he contend
ed, dld not actually take-that is, vol
unfairly take-the enema.
District Attorney Webb tried to show
Dy The witness that he did voluntarily
take the enema, but he was interrupted
oy the following ruling of the court:
AT common law there was no indi-
vioual and specific offense of poisoning.
IL was simply on means Of committing
a homicide by shooting, drowning and
the like. TO undertake to kill a person
by poison at common law would include
assault and battery, and would be in
olctable as an assault and battery, with
intent to kill by means of poisoning.
Our legislature has never made the
drowning of a person, for example, a
speclhc, separate and distinct offense,
as IL mas an attempt to poison. 1t has
made the administering of poison which
shall have been actually taken bv the
party, and from which death did not en-
sue, an offense punishable by a mini
mum penalty of ten years in the peni-
Tertiary.
The taking referred to by tie
statute is held by all authorities have
ever been able to find to mean a swaI-
lowing and the voluntary act of the
party taking it, and does not include an
assault and battery. l think that the
proof offered here is perfectly admissi-
BILE II the Indictment in the case was
for the common law offense of assault
and battery, with intent to kill by pois-
oning, but lido not think it admissible
under the indictment, which is based
upon b statute section 1854 of the code
OF l9O2. 1t Is no answer to this propo-
sition to say that Stuart knew of and
was willing to receive the enema, be-
cause this willingness was based on his
belief, as he states, that there was
nothing wrong with the enema. 1t can
not be said that he agreed to some
thing the existence of which he knew
nothing"
The section under which the ruling
was made is as follows:
Every person who shall be convict
ed of having administered, or having
caused to be administered, or procures |
to be administered, any poison to any
human being with intent to kill such
human being, and which shall have
been actually taken by such human be-
ing. whereof death shall not ensue.
be punished by Imprisonment in
the penitentiary for not less than ten
years."
District Attorney Webb made a des- |
perate attempt to have Stuart testify,
to every question he put Mr.. Rat
cliffe objected, and in order to complete
a record for the appeal to the supreme
court, which he announced he would
take, he was compelled to exclude the
jury. When the jury. returned Judge
Mcknight instructed them to bring in
a verdict of not guilty for the defend
ant, and they did SO without leaving
seats.
Had Razor and Revolver.
j. Edward Regain is in Jail at Port
under sentence of death for the
murder of Jason Moody. A few days
ago the sheriff instituted a customary
search of the jail and discovered con-
cealed in the mattress of the couch upon
which Regain rests throughout the
weary nights, a 80 Smith and Wesson
revolver, SO cartridges. and a razor.
Jackson Is Prospecting.
Jackson is enjoying a period of unex-
prosperity, the volume of bust