The Tupelo journal., 1906-04-13

trial Davis, who fully believed
in the innocense of Scaggs, hat
a strong struggle for his client!
! liberty and used some strategen
that bordered we'll night. ontt
contempt of court.
Hugh R. Miller Was Judge of the
court, at that time, and rather {
dangerous man to play with or
the bench. Mrs. Scaggs, wife
Of the prisoner, had taken out
a warrant for the arrest of Smith
the deceased, only a few days
before the killing, but which
nad not been served when the
killing took place. This warrant
Davis offered to read to the jury,
but Miller told him it was not
competent. But, said Davis
IF your honor, please l wish to
read it to your honor. before you
rule on it. The judge told
him that was not necessary.
The truth is, Davis wished the
jury to hear it read, it not being
the custom then, as now to send
out the jury while discussing the
propriety of permitting certain
evidence to go to the jury, but
they remained and heard what
was proposed to be introduced
and the reason given pro and
con. So Davis said again, but
your honor, cannot tell whether
this paper is competent or not
unless you hearit, and propose
to read it to your Hon. % | sup
pose Judge Miller thought the
easiest and quickest way out of
the matter was to let the Gen.
read the document, and then at
once, without any argument,
rule that it was not competent,
and this he did with considerable
vehemence. But Davis, with that
firm set expression on his face
which he so often assumed,
mingled with a smile of content
ment, remarked, soto voce,
"get the effect from the jury if
you can" When the Gen. was
arguing the case, and come to
speak of this paper, Judge Miller
would stop him as soon as pos
sible: but frequently during the
argument Davis went like a
cyclone at the paper, and would
linger about it as long as he
could without going to jail for
contempt. Finally he said
gentlemen of the Jury, if a
man were to treat my wife as
Smith did Scaggs' I'd kill him. I'd
cut him to mince meat and throw
him to the dogs and hold my ears
to the ground to hear his first
screams from hell" | remember
another important murder trial in
which Gen. Davis was represen-
ting the defendant, and where
in he showed shrewd discern
ment. 1t was the case of VIM.
Standefer charged with killing
man named Barker. 1t was a
bad case, Barker having been
waylaid and shot, and the only
question was did Standefer do it..
There was an important witness
for the state, an unsofisticated
country man, whose testimony
Davis was very anxious in some
way to weaken or destroy. Ev-
erything was arranged for the
trial on the next day and the
Gen. was anxious and restless
after supper, and walking around
by DR.. McWilliams Office for ex-
ercise, he saw the Or. and a
happy thought flashed into his
mind, and he said, DIR. Nc
Williams, are you specially busy
this evening?" mo, said the
Dr." am at your service if you
want any thing, Gen." Then
come and walk with me" said
Davis, and taking the DR.. by the
arm, walked around town with
him for quite a while, and
finally dropped into where this
dangerous witness was. They
sat there and talked with the
witness for some time on general
topics, and then had some words
about what he knew about the
Barker killing, but nothing par
ticular. They then walked back
to the Dr's office, and the Gen.
moved on to his hotel. Davis
said not a word to DR.. McWilliams
about taking note of what was
said, and the DR.. had no suspicion
that he would be called as a
witness. But next morning he
was summoned AS a witness for
the defense. When this witness
was examined by the state and
turned oyer to the defendant
for cross examination, DAVIS
put on one Of his fierce looks and
said to the witness. Sir, look
look right at me. Do you know
me, sir, = no, SIR, the witness
meekly replied. did you ever
see me before, sir!' No SIR
was the same reply. sir, didn't
IDr. McWilIiams and / have a
talk with you last night about