Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-03-11

A Technical Break.
1t would appear from tn" opinion
handed down that counsel for the de-
fenSe made Il technical slip up" when
they did not hand to counsel for the
state or to the jurors in question the
atfidavits alleged to disqualify certain
jurors i'm the Jones case.
ON this point the court states that
the exec ptiun is overruled because of
the fact that the affidavits were not
served upon the jurors and upon coun-
sci. IN the case of the State VS.. Hard
ing, > Bay, 267, which case tn" court
refers to, one of the jurymen had been
heard to say, ii was charged in the af-
fidavit: by God, he was one of the
Jurors to try the prisoner and he
would hang him at all events" Up
on this and the other two reasons that
new evidence had been discovered and
that there was not sufficient evidence
to convict, a new trial was asked for
and was refused in the Harding case.
The court at that time was unanimous
that copies of affidavits of this stature
must be served on the juryman or
jurymen in order that preparation
might be made to eXculpate. SO in the
Jones case the court rules likewise.
The affidavits in the Jones case con-
tain the following alleged statements
Of jurymen:
l. BY H. II. Pruitt: Il would sit on
his jury. if l ever got on it, until
rotted or break his neck"
. BY l.. Lawson: That if | ever
sit on the jury that tries w. 7. Jones
would sure break his neck or send
him down the road"
8. Mr.. Hartscll: Hang, and l would
like t. be one Of the twelve to break
his neck"
There were several other affidavits
of this nature tending to snow that the
jury was prejudiced against defendant.
The most interesting of the eXcep-
tions was that as to Judge Memmin-
gers charge, but there were number
of other exceptions as to testimony ad-
mitted and other points of legal ma
ture. At one stage the court says: the
testimony tended to show that there
were continuous acts of brutality on
the part of the defendant against the
deceased from January, 1906, to within
a very short time Of her death. 1t was
ncld also that from brutal conduct
malice might be inferred"
Judge Memminger has also stated in
reference to the affidavits alleging pre-
judice against Jones by jurors that, in
aSmuch as the jurors had been duly
summoned, at the trial the defendant
had ample opportunity to object to
them. But" continued Judge Men,
mnger, even in my judgment consid-
cring these affidavits which have been
read, and considering them eX gratia,
1 don't feel it is sufficient to warrant
me To grant 4 new trial. | doubt if
there is any case of magnitude which
has ever been tried and verdict of
guilty rendered, in which aftidaVits
could not be gotten up, made and filed
as To what some juror had said about
the case. l am satisfied no wrong has
been done the defendant by the jurors
A Death by Strychnine.
When | found her she was lying on
the bed and was nude from the waist
down." testined Dr.. J. Z. Jeter, who
ll..l IN, 70
Jones the night she died. Il drew the
sheet up on her and asked Mr. Jones
to get me Il glass of water and spoon.
He got the water and l got my hypo-
dermic fixed. After l gave her the
she began screaming and 1t
was then that Jones asked me what
was the matter with her; if | could
tell? if | thought that she had taken
as there was bottle of 1t
on the bureau? | told him l did not
know; as soon as the cOnvulSiOn was
over asked ner what was the matter
with her? What hurt her? She said
1 am suffering; throw cold water on
me Just before that she began to
repeat the Lords Prayer. What she
said was broken and disconnected;
there was scarcely any connection in
what she said; it was just a word or
Il syllable at the time, after she got
through what she said, 1 am-Syllable;
throw cold water on me; forgive me;
wrong doing, and she died then in
about twelve seconds. Whether Mrs.
Jones. knew we We're there or not l
don't know. Strychnine poisons pro-
duce dilation of the pupils of the
eye and Il ringing in the ears. don't
know whether she even heard what /
asked her about what was tine matter.
| don't know, would not say she even
knew | was there. Strychnine poison
ing caused her death"
Such was the frightful end that Mrs.
Marion Jones. wife Of w. T. Jones, |
met shortly before midnight, July >, |
1905. Dr.. Jeter was called in and by a |
little after midnight, Mrs. Jones had |
died.
To connect the husband with the |
poisoning of Mrs. Jones was the work
of the counsel for the state, and this
case turned out to be what Is generally |
called convictins one by circumStan-
tial evidence. Instances Of i'll treatment
IF the wife by the husband were
brought out i'm the testimony. one
witness Swure that Jones was seen to
lead his wife out aS far as the road