The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-01-15
THE EVIDENCE
IS CONCLUDED
GENERALLY PREDICTED THE RE-
suit WILL BE AN AcQUlT.
tai OR A MlSTRlAL.
Opening Argument Will Be Made
BY Major f. e. Dart, of This City.
Intense Interest Is Manifested in
the Case.

Cordele, Ca, Jan. 14.-Evidence in
the case of W. B. and Archie Lyons, of
Jesup, charged with the murder of
Fleming Smith, was concluded this
afternoon, when the state finally rest
ed its case and the arguments viii
begin Monday morning, but it is hard
ly probable that the case will go to
the jury before Tuesday, as an agree
ment has been reached between at
torneys representing both sides, and
each side will he allowed eight hours
for arguments. 1t is understood that
probably three attorneys on each side
will argue the case.
The opening argument will be made
by Maj. R. E. Dart, of Brunswick, OF
counsel for the state. He will be fol-
lowed probably by John r. Cooper, OF
Macon, for the defense. The con-
Guiding argument will be made by
Col. John w. Bennett, of Waycross.
leading counsel for the state, while
w. w. Bennett, of Jesup, will close
for the defense.
All of today was occupied in the
introduction of abuttal testimony by
the state, and although it has been
admitted that he defense made out a
good case for their defendants, much
of the testimony was torn to pieces
by Attorney Bennett today. He had
several of the witnesses under rapid
ffre and SO twisted them around t1at
much of the testimony was weakened
to a great extent.
1t was about o'clock when the
state finally rested and Judge Whip
pie announced a recess until Monday
morning. He may hold a night ses-
sion of the court Monday in order to
conclude the arguments and then de-
liver his charge and give the case to
the jury on Tuesday morning.
Crowds Attend Trial.
The trial of the ex-sheriff of Wayne
county and his son has been the
most interesting in the history of
Crisp county and every inch of ground
has been fought by the brilliant ar
ray of counsel on either side. Ever
since Monday morning, when the case
was called, the county court room has
been crowded with spectators AT
times many have Teen compelled to
stand, so anxious were the people to
hear the evidence in the case.
Acquitta or Mistrial
The result of the case is the topic
of conversation among the people or
Cordele tonight and it is freely pre-
dicted that it will either be an ac-
uuittal or a mistrial. 1t is true that
the state has introduced some strong
circumstantial evidence, which, ordi-
narily, would convict, but the defense
has built up such strong case OF sell
defense that it seems that the best
the state can hope for is mlstrlal,
though the attorneys seem Sangulne
that the two men will be convicted.
The fact that the state failed to Sc
cure single witness who absolutely
saw the shooting, has proven a great
backset to the prosecution. There
were several witnesses who testified
that they saw portions OF the fight,
but not a single witness would swear
that he saw either of the Lyons fire
JnG nTSL ouOl. Oh INV o'iSA
the defense has introduced one wit
ness Brinson by name, who claims
that he saw Fleming Smith fire the
first shot.
The states contentious, however,
have been carried out by every one
of their witnesses, and it really
seems a hard matter for the jury to
decide the case. AS stated, however,
It is the general prediction that an
acouittal or mistrial will be the final
result.
Feeling Is Intense.
AS evidence of the fact that teellhg
has by no means abated between the
friends TO the prosecution and those
of the defense in the Lyens case
which has been on trial in Crisp supe-
rior court since Monday morning ana
that there must be sometime OF COLI
tagion in this feeling. number OF ~
cidents have been noted.
Some new threat or rumor is start
ed by either one side or the other
almost every day and the most pessl'
mistic anticipate bloodshed any no
ment.
The only rumor that has particular
ly excited any interest among lscai