The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-02-17
DECLINED TO OFFER ANY
TESTIMONY.
NO ARGUMENT WAS MADE
General CARRIER Addressed Court on
the Case-Summsry of the
Evidence.

+ The habeas corpus proceedings in
the case Of Henry Benson, charged
'.'ith the murder of Wallace Crymes,
took an unexpected turn on the re-
sumption of the hearing before Judge
5oaul,B. Johnson this morning.
Counsel for the state announced
thl the state had no further testi-
J.noGy to offer, whereupon, Mr..
Tally stated that counsel for defendant
did not desire to introduce any wit
nesses, and that it had been
/, agree between counsel for the
state and the defendant to submit
the case to the judgment of the court
without further testimony and with
out argument.
Defendant Bound over.
Judge Johnson said that with
out summing up the testimony or
without determining whether it was
true or not, there was sufficient evi-
dence to bind the defendant over to
wait the action of the grand jury and
tha. he would do so without bail.
4 Gen. CARRIER Addressed Court.
General Alex M. CARRIER said that it
was the purpose of the counsel
for defendant as much as in
their power lay, to develop the whole
truth with reference to the matter
now uTrer investigation. That they
& ad sw : ssire to suppress or keep
!. IN as ..hgle fact that would. deter
'hInE>or disclose the truth of the mat
teri That both the state and the de-
Tense wanted justice to be done, and
on behalf of the defense, that he sub
mitted most seriously and earnestly
to the court that in the development
of the facts and circumstances in
the case that all parties should
do all they could to the
end that no injustice or wrong should
be perpetrated against either the state
Or the defendant; and that he did not
consider it improper at this time to
suggest to the court that his honor
should take care and caution that
every physical fact or circumstance or
condition referred to in the testimony
should be preserved in tact for a fair
trial, and deliberate investigation by
the grand jury and for final trial, and
that on behalf of the defense he re-
quested or moved the court to give
instructions that both the planks from
the Ateps which appeared to be in the
pC,G II Fion of DR.. Hightower, as well
as <@,plank taken from the porch of
the defendants home which now ap-
peared by the testimony of Mr.. Tom
Crymes to have been piled up inside
at the beef market be taken into pos
session of the sheriff, with instruc-
tions that it be carefully guarded and
Z submitted to the grand jury on the
afinal trial; that we, as counsel for the
defendant, felt that our only duty |
in this case was to see that every
thing was done necessary to a full |
J and clear development of the truth |
as far as it could be accomplished
u Summary of Testimony.
II A brief summary of the testimony |
lin the case follows;
N Or. Donald on Stand.
u DR.. j. D. Donald testified that he
Twas summoned to see Mrs. Crymes
WHO was suffering from the shock |
caused by the murder of her son, about |
epF $3.50 o'clock the day the murder
occSrred. Immediately, however, he
examined the body of Wallace
Crymes, the murdered boy. One
wound was found in his right side be- |
Tween the ninth and tenth ribs, the |
hole being about the size of silver
dollar. The other wound was on the
top of Wallace's head, and somewhat |
4 larger than the one in his side. Dr. |
Donald thought the full charge enter
Ned the young mans head, but scatter
ed more than the one that entered the
side. Slight povaerS 1urne 7x<E
ticed The load that VA
keemed to do so d
! heath the one IN the bead ir
r. e, - - -