The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1908-11-28
THE HARDY TRIAL IS STILL IN PRO-
GRESS.
The Grand Jury Made Its Final Report
Wednesday and Was Dis
charged.
Isaac Cope Fined $40 for Disturbance
in Court.

Circuit Court has been occupied in
the trial of the case against w. H.
Hardy, Jr., charged with embez.
zling $23, 1882. 80 of the funds of the
Bank of Meadville. Since Tuesday
morning the court has been taking
the testimony in the case. The
State concluded its case on Thurs
day afternoon, and the defense be.
gan its case by placing the defend
ant on the stand. There was much
testimony offered blythe State tend.
ing to show that Hardy had grad
ually drawn against his individual
account until his account appeared
overdrawn to the amount of $15,-
600. Other evidence tends to show
that Hardy allowed the account OF
the Pinola Lumber Company, COM
posed of w. H. Hardy, Jr., and his
brother, C. A. Hardy, to be over
drawn to the amount of $500.
without requiring security there
for. The States contention is,
that Hardy drew these amounts
from the Bank and appropriated
them to his own use without au-
thority and with the intention of
converting the money to his own
use and benefit.
The defense is that although
Hardy overdrew his account and
also permitted the Pinola Lumber
Company to overdraw its account,
yet there was no law or rule of the
Bank which prohibited his over
drawing his own individual ac-
count, and that while the Lumber
Co. overdrew its account, he had
taken what he then thought was
good security for the money over
drawn, but which later turned out
to be no security at all. The de-
fendant admits owing the Bank the
amount charged against him and
would pay it if he were able.
The defense closed its side of the
case yesterday afternoon. AS this
report closes, the instructions to
the jury have been given and Dis
trict Att orney Wall commenced the
opening speech for the State. He
will be follawed by Hon. A. C.
McNair, Of Brookhaven, and Judge
Stone Deavors, of Laurel, for the
defense, and Hon. Luther H. Whit
tington, of Meadville, will make
the closing argument for the State.
The case will doubtless be sub
mitted to the jury by noon today.
FINED FOR CONTEMPT.
On Tuesday morning Judge Will
kinson directed the clerk to enter
the following order on the minutes
in the case of Isaac Cope, who Gre
ated the sensation in Court Nov
10Th by resisting an officer and 9TH
er disorderly conduct:
No. "a Ordered by the Court
that a fine of $40 be assessed
against Ike Cope for disturbance in
Court, and that he stand committed
until such fine is paid"
1t has been rumored on the
streets since the grand jury ad-
journed that that body returned
two true bills against Mr.. Cope for
infractions of the law on the above
occasion; but, if these indictments
were returned, no warrants have
been issued on them as yet.
In the case of State VS. A. ID
Smith, colored, convicted and fined
for retailing, a motion for a new
trial was overruled.
The case of State VS.. Sam Step
ney, colored, charged with murder,
is set for Saturday. All other
criminal cases have been continued
till next term of court. The civil
docket will be taken up next Mon
day.
A. D. Smith, convicted of unlaw-
full retailing and fined $500 and 80
days, has appealed to the supreme
court, giving as sureties on her ap-
pearance and cost bond N. A. -Posey
and H. E. Conner.
The grand jury finished its labors
and made its final report Wednes-
day afternoon and was discharged.
The report is as follows:
Grand Jury Report.
To the Hon. M. H. Wilkinson,
Judge Of the Sixth Judicial Dis
trict of Mississippi:
We, the Grand Jury, empaneled
for the November Term, A. D.
1908, of the Circuit Court of Lin
coin county, beg leave to submit
our final report.
We have been in session for nine
days. We have returned 35 true
bills of Indictment; we have exam
ined 152 witnesses.
In our opinion there is an i'm
proyement throughout the county
in the observance of law and order.
The great majority Of crimes and
misdemeanors reported to US, are
primarily due to the use of whiskey
and other intoxicants. We have
indicted every person reported to
US. where, IN cur opinion. the eyi-
dence would sustain them. We
believe that whiskey and pistols
impose the heaviest tax upon our
people Of all other things combined,
and that they cause more demoral-
ization than every other source Of
crime.
We find 9 pretty general opposi-