The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1912-02-09
THE TESTIMONY IN THE MAGNESS
CASE NOW BEING TAKEN.
One of the Most Vigorously Contested Gases Ever in
the Court About ESQ Men we're Examined
in Selecting the Jury.

The circuit court entered on its third
week last Monday morning. Thursday
of last week the state VS.. jim Catfey,
one of the defendants charged with the
killing of Pope Searcy in this county on
the 18th day of February last, was
started. A special venire had been
drawn and jury was secured that day
The state was represented by the dis
trict and county attorneys and Shed
( Hill and Judge A, T. Roane. The de-
tense had as counsel Judge j. T. Dunn
of Eupora, Thompson of Wnona and
Cowles Horton of the local bar.
The testimony, as usual, was con- /
flicting, and in accordance with the
well known practice Of lawyers, there
was much ado about the admission of
/ Searcy's dying declaration, but the
court allowed the statement to go to
the jury.
On the assembling of the court after
the noon recess on Saturday, on motion
of District Attorney Lamb, the tr al of
the Catfey case was suspended to take
up the selection of jury in the Mag
ness case The point made by Mr..
Lamb was that there had been a vehire
of $50 men summoned from which to
draw a jury and that if the case was
not begun before midnight that the
court would expire by limitation. Mr..
Lamb made the plea that good public
, policy and the saving of expense to the
U county demanded that the case should
be started. He asserted that he could
not see how the interest of the defend
ant could b. prejudiced. The motion
by the district attorney was strenu-
ousy objected to by Mr.. Hill of coun-
e sci for the defeuse, He suggested that
II the suspension of one eapilal case at
&c this stage of the term of the court was
never before heard of ard that the de-
: fendant's attorneys had not had time
to confer with him and prepare his de-
. fense and that he would be seriously
wronged by such procedure. Further,
he contended that there were number
l. of the witnesses for the defendant alb
le sent witnesses material to his case.
l. Whereupon, the state asked that what
sr was expected to be proven by t e alb
e. sent witnesses be reduced to writing
" and that it might be admitted by the
c. state. This the defendants counse
j. refused to do. The court ordered the
b. trial to proceed. At this stage, coun
,e sci for the defense asked for a change
m of venue. Testimony was taken or
i" this point, which was not concluded
until after supper. Perhaps two dozer
L. witnesses were introduced by defend
,e ants counsel, but almost every one o.
to them stated that they believed jury
lie could be obtained in the county to give
n the defendant fair and impartia
te trial. The motion for change of venue
te was overruled by the court. Then it wa
IN that the defense again emphasized thu
point of certain absent witnesses anG
IN offered to reduce to writing what il
1e was expected to prove by said absen
I'd witnesses, a matter which it had de
I'd clined to do on the request of the cour
to at an earlier stage of the proceedings
of The defense was not ready with tn
x. written showing until about II o'clocl
u. D. m. The court still refused con
" tinuahce of the case, and then ordere'
be the sheriff to call twelve jurors from
ol the special yenire. When the hour o.
midnight arrived, nine jurors had seat
ty in the jury box.
W Never was q case more valiantl.
Mt fought than this one by the defense
he Every inch of the ground was contested
r. and when overruled by the court on on
e. point, counsel for the defense woul'
e. .fretrsst.s ss it were. and fortify them
tselves for another contest. W. s. Hill
nd lin several Of his addresses to the cour,
n.twas bsautifal, touching and pathetic j
re his arguments not 70 be forced to trial
re He was met At every poin. by equall
ty,l a. persuasive an argument by Ceorg
b. T. Mitchell. Of Tupelo, Of counsel fc
M the stats. The court listened slway
Be with the greatest patience. but wa
guided in al Ass rulings by a conscier