The Starkville news. (Starkville, Miss.) 1902-1960, 1909-05-28
JUROR FULGHAM
NOT IMPEACHED
DYKE EDWARDS SENTENCED
Court Could Find No Error IN the Record
Defendant Accepted the Verdict With
an Indifferent Air. and When 1t Was
Over Sat Down in Dock and Smoked
q Cigarette.
To The Commercial Appeal.

To The Commercial Appeal. =
STARkVILLE, Miss, May s5 Dyke
Edwards was denied new trial today
BY Judge Mitchell and sentenced to life
Imprisonment in the penitentiarf. The
efforts of his counsel to impeacH Julor
Fulgham fell to tho ground, because
they brought up nothing against him
that he had not stated in his voir dire
examination, and Judge Mitchell refused
70. o.ailow that he was disqualified from
sitting on the jury.
Counsel took exceptions to the argu-
aaents of Magruder, Daniel and Strange
of counsel for .b prosecution, and noted
anunber OF other exceptions that will
70 with the record to the supreme court.
Whom the court had passed on all
these matters he summoned Edwards be-
fore the bar and passed sentence on
him. 1t wasfa most affecting scene and
the defendant was the only one who
did not sa.em TO feel it solemnity. His
air of uonchalance and careless indiffer-
enco was Earring note in the assemble.
When court opened this morning legal
sparring and contentious upon the mo-
ton for new trial were in order.
Rrof C. Y. ScrogginS, school teacher
In the winter and farmer in the summer,
was first called He said that w. E.
Fnigham. one OF the jurors, on Monday
of the second week Of court, while work
ing on the public road, made some re-
ference-to this case, and Mr.. Fulgham
stated;
Il don't reckon they will want me,
for | have formed an opinion
He didn't believe, however. that any
man could form an accurate opinion in
any case unless he was on the jury and
heard the evidence, and that an amount
of evidence ought to change any opinion,
based upon mere rumor. Juror didn't
express any violent opinion. Prof.
Scroggins is gentleman.
Floyd Priest was the next witness.
He told Fulghan about month before
the trial that he had an opinion made
up and that lawyers couldn't change it.
Didn't say what his opinion was. Mr..
Priest is good citizen.
Here attorneys for defense asked for
witnesses, whose testimony, as claimed,
will go to the prejudgment Of Juror
Fugham. The time was granted.
Then defendant undertook to have
stenographic notes, to show that the
undershirt of deceased, introduced in
evidence before the jury, had no blood
OH it, while the top shirt and vest did
have The state objected, the objection
being sustained by the court, and ex-
cepted TO by the defendant. Defendant
then introduced in evidence instant sub
poena issued on the cath for Theo Rus
sell. with its return on the next day. in
dorsed BY the sheriff, ''Not found in my
county, after diligent search and in
quiry" The state here asked counsel
trial to specify their objections to states
instructions Nos. l and 2. Defendants
counsel refused to do so. The refusal is
made part of the record.
OBJ JECTED TO MAGRUDER.
Defendant prepared and presented to
the court for signature special bill of
exception, in which they set out con-
siderable portion of the argument of
Hon. w. w. Magrnder for the state.
State objected to the bill on the ground
that no objections were made to the
argument while being made, and the
speaker was not appraised and mad no
opportunity to change his mode of ar
gument.
This bill also contains objections to
the speech of Hon. G. Odie Daniel and
District Attorney Strange. This special
bill was agreed to between Messrs.
Strange and Daniel, because they waived
objections during their argument, but
this right was not waived by Mr.. Mag
ruder.
The defendant then filed a motion for
q continuance of the hearing of testi-
Mony on the alleged prejudgement of
Juror Fulgham, on account of the alb
sence of Walt Harpole, Will Carpenter,
Bill McManus and Rich Fulg b m.
This motion was overruled and except
ions noted by defendant. Juror Fulg-
ham was then introduced, and admitted
that he had stated to Clint Scruggins
and Floyd Parrish that he had an epin.
f0n. but that it would yield to the testi-
Oony, Mr.. Fulgham's statement were
about the same as made in his voir dire
examiEation.
At this jnncture Bill McMaaus. one OF
the defendant's witnesses, came in and
was introduced. His testimony was
that some two months ago Juror Fulg-
ham stated to the witness and Will Car
penter that he Fulgham) would be a.
iraid to sit upon the Edwards case, be-
cause he had an opinion against them.
Fulgha~ was then introduced again by
the state, and made positive denial OF
the statement accredited to him by Nc
Manus. Defendant here renewed his
motion for continuance. Overrnled and