Suwannee Democrat. (Live Oak, Fla.) 1897-current, 1909-06-11

Convicted Of Murder interesting Case
mLafayeste Circuit Court

hLahyssts Circuit Court
Circuit court has adjourned at Mayo,
after che Of the longest and most
strenuous sessions held IN Lafayette
county IN several years.
The ease around which was conferred
the greatest interest was that of the
State against Frank and William Stew
art, charged with the murder Of Henry
ChoWning, The task Of selecting the
jury began on Thursday, after the
sheriff had summoned a special venire
o. fifty men, but the jury was not
completed until Friday morning, and
another venire Of twelve men sum-
moued.
About thirty-fye witnesses were
Summoned 10 testify in the case, but
only about twenty of them gave testi-
mony. The case was vigorously con-
tested on the part Of both the State
and the defense, and the record was
filed with exceptions to the ruling of
the court by the lawyers for the de-
tense. At one stage of the proceed
ings the court admOnished the attOr-
neyS to be careful or else they would
be held in contempt, But after each
clash between counsel the tense feel
ING would subside and good humOr pre-
vail again.
All the testimony was in by $50
o'clock Monday evening, and Col. L. E.
Robertson addressed the jury in behalf
Of the defense, making an able and
brilliant appeal for the release of his
clients. He was followed by Judge
Hal W, Adams for the State, who
foFeefully placed before the jury the
States theory Of the case in a clear,
logieal and concise manner. Court
shsa adjourned until Tuesday morning.
Upon the opening Of court, Col. A. L.
Anvil addressed the jury for the de-
tense, and his effort in behalf of the
defeadants received many favorable
eomments. being an exceptionally
strong presentation in favor Of the de-
fsnsa He was followed by Col. }. NJ.
GoTntO for the State, who reviewed the
testimony given in the case, and in a
eoavineing speech, which was given
TIE closest Of attention, he asked the
jury for q conviction.
Then came Col ]. N. STRIPPING, one
Of Florida's most famous criminal law
yeTs, a man whose OyerpOwering elO-
qusnce and brilliant persuasineness has
carried by storm many a jury and
brought aequital to his clients. In a
speech replete with wit, humOr, bitter
searcasm and elOuence, he made the
closing appeal for the defense 1t was
apOwerful effort, and his closing ap-
peal for acquittal of the defendants was
touching in the extreme. Col. Fred W.
Butler, acting States attorney, then
made the closing speech for the State
He arrayed the States testimony to-
gether in a most convincing manner,
and bis attack on some of the testimony
Of the defense was made straight from
the shoulder, with no mincing words.
His closing remarks filed with touching
statements about the mother and wife
Of the deceased and the wives and fam
lilies Of the defendants brought tears to
the eyes Of many in the court room.
Judge Palmer then delivered his
charge to the jury, giving them the law
applicable to such cases, and visiting
attorneys and others who heard it were
one in saying that it was one Of the
sblest and most complete charge they
had ever heard given to a jury. After
hearing the charge Of the court the jury
retired to consider their verdict, and
after remaining out about twenty-fOur
hours returned in to court with their
verdict, finding the defendants guilty
Of murder in the second degree, and re-
commencing mercy be extended to VIII