The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-09-11
(From saturday,s paily.l

(From Saturdays Daily)
At $50 o'clock this afternoon the
jury in the Granbery case returned a
verdict of not guilty and the defendant
was at once discharged. When IL was
announced that the jury would report
the Court admonished the spectators
against demonstration and the ver-
dict a"as received in absolute silence.
The defendant received the verdict
quietly and at once grasped the hand
of his brother w. L. Granbery, Of
Nashville. He then turned to his 9th
er brothers and relatives, and next
shook hands with the members of the
jury thanking them for their verdict.
The brothers of the defendant, who
were present, likewise shook the
members of the jury by the hand.
The jury had the case for a little
over two and one-half hours and while
they discussed the matter for some
time the verdict was really arrived at
on the first ballot. The defendant,
attorneys and Court patiently waited
during the recess for the ver-
dict and when the Jury filed
in for the last time there was intense
silence in the court room. After the
final poll w. p. Russell, the foreman,
announced I'VE find the defendant not
guilty" 80 say you ALL" said the
Court and all nodded assent and one
of the most notable criminal trials in
the history of this county passed into
history. The Court at once directed
the discharge of the defendant.
Judge Harris charge to the jury was
an unusually long and exhaustive one,
covering the theories both ! of the
State and the defendant The charge
covered some fifty pages of printed
matter and contained upwards of H.
600 words 1t required the Judge one
hour and twenty-five minutes to read
it.
judge Hart entered the court room
at 1910 and the jury was polled short |
ly after. The court room was packed |
although the crowd was not as large |
as that present on the previous day !
The very closest attention was given
during the reading of the charge
Judge Hart very carefully, deliberate /
ly and distinctly read his charge and /
the members of the jury gave the very
strictest attention to every word Of it.
So full and complete was the charge
that neither counsel for the defense
or for the State requested anything
additional Neither side offered a
suggestion or interposed the slightest
objection to any part of the charge.
The charge began by definition
of the four grades of felonious homi-
eide, which in contemplation of law
are embraced within the indictment
for murder in the first degree. Judge
Hart defined murder in the first de-
gree, murder in the second degree and
'Oiuhidly anu Involuntary u1duoiduSu-
ter. Next the presumption of inno-
cence, which stands as a witness for
the defendant, was fully explained to
the jury; following this came the
courts definition of what constitutes
reasonable doubt, showing the re- I
quisite facts necessary to be proven,
beyond a reasonable doubt
After defining the various grades Of {
felonious homicide the Court instruct /
ed the jury as to the punishment that
would be inflicted in the event of [
conviction for any of the offenses '
enumerated. In criminal cases. said
the court the jury are the judges of '
the law and the facts, but it is their I
duty to take the law as laid down by |
the Court and apply 1t to the facts as q
adduced in the hearing; they are the I
sole and exclusive judges of the
facts. '
:, Next the Court instructed the jury t
Cow to impeach witnesses and ex- c
planned the rules TO apply in arriving t
at the credibility to be given the evi v
dence of the witnesses. The same
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