The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1906-04-20
TUpELO, MISSISSIPPI FRIDAY APRIL 90 1906
PEN-pICTURES OF THE OLDEN TIME
BY COL w L. CLAYTON.

Passing back over the past, my
memory fixes upon another tria
in which | very well remember
the skill exhibited by Gen. Davis
lin:the conduct Of the defense OF
a man charged with murder. II
was Just after the war had closed,
and for killing which occurred
1 during the war, and in August,
1863. It was on the trial Of Isaac
Sullivan on the charge Of mur-
der for the killing of DR.. j. w.
! Kitchener at Mooresville. | was
employed to assist the District
Attorney in the prosecution, and
the skill of Gen. Davis to which
| | refer above was in the cross
examination Of Mrs. Webb, a
states witness, and wife Of Je-
rome Webb. The killing took
place only a few feet east of Sui
livan's residence, in the town Of
Mooresville, and Webb lived only
about fifty yards east Of the Sui
livan residence. Kitchener was
passing the road, which ran in
front of Sullivan's house, going
west in his buggy, and conse-
quently passed by the Webb res
idence. There were two young
ladies on horseback just in
rear of Mitchener's buggy, but
not near enough to see the killing.
| So Mrs. Webb was the nearest
person to the parties when the
killing took place, except Sullivan
and his family. Mrs. Webb was
sitting in her front door combing
her hair when Kitchener passed,
according to her statement, and
she saw the Doctor pass. and he
spoke to her and she to him, and
soon thereafter the gun fired.
They knew Mrs. Sullivan was
going to swear going to swear
that DIR. Kitchener attacked and
abused Sullivan, and even got
out of his buggy and drew a pis-
tol on defendant, and then got
back in his buggy, and was shot
by Sullivan in self defense. So
you can see the Importance to
the defense in showing by Mrs.
Webb that as ch as five or
ten minutes elapsed after Mitch
ener passed before the gun fired.
Very few people have any con-
ception of time. They will speak
of a thing lasting five or ten
minutes which passed in a few
seconds. Davis, knowing this,
and also having in mind the
thought that Mrs. Sullivan was
very much in need of some sub
stantial confederation, sought
and obtained such confederation
in the cross examination of Mrs.
Webb, by making her say that it
was five to ten minutes after DR..
Kitchener passed before the gun
fired. This was all he wanted,
and he crossed her no more. Il
we had known the Importance it
was to the defense. | have no
doubt that we might have held
the watch for five minutes and
and she would have placed the
time at less than a minute. When
Davis had solicited from Mrs.
Webb what he wanted, he SEEM
ed altogether unconcerned, and
simply passed the witness out;
but it was the grand point in the
case, ard the one on which he
dwelt most in his speech to the
jury, and which won him the case.
Gen. Davis was not less a
statesman than lawyer end jul
rist. He was in congress when
his state passed the ordinance OF
secession, and had been for some
time. | now.recall a description
given of him by a correspondent
of the National Intelligence IN
| 1860. in which he spoke Of him as
he sat in his seat in the House as
having the appearance Of Shake
speare turned cotton planter, s
and | thought the pen picture a
| good one. Gen. Davis was on
the Supreme Court bench for a
short while in the early fortles,
| but which Court was then called
the High Court of Errors and
Appeals. Justice Trotter either
died or resigned, and Davis sue
lceeded him by executive appoint
ment till the next general cleo
ton, when Hon. A. M. Clayton
was elected to succeed him, hut
| Davis was not a candidate. Gen.
Davis was elected District Attor-
ney somewhere in the fortles
also. but the prosecution Of Grim
inals was so foreign to his ma
ture that he resigned, and again
enrolled himself on the side of
| the defense. The General was
! in command Of the States forces
during the war, and in the fall
Of 1861, when a heavy force was
called out for sixty days to assist
| the Confederates at Bowling
Green, Ky.
After the Democrats regained
power in our State in 1875, Gen.
!; Davis became very much disaf-
ifected toward his old party and
-, ,.+1r fr;aotlc a,a1 went over fn