The Hattiesburg news., 1916-09-30
DELAYS SENTENCE
Of MRS. W|NSTEAD
TWO JURORS DIDN'T KNOW PEN,
Atty WHEN THEY
VOTED.


less new trial or higher court sets
aside the verdict rendered at noon
yesterday. after as hours OF delibera-
tion, Mrs Ethel Winstead must serve
life sentence in tho state peniten.
tiary for participating in the murder
uf her husband on the night Of the
first day Of this year.
The jury which was trying the case
wrangled for AS hours on the punish
ment After the first 2s hours OF de-
liberation, the jury asked the court to
discharge it because OF failure to
agree. Judge Carr requested the jury
to make further effort to settle the
case and yesterday at noon the 12 men
filed back into the court room and an
nounced that they had arrived at a
verdict
Mrs. Winstead was led before the
court. She seated herself at the table
between her lawyers and made an OBJ.
vious effort 20 restrain any emotion.
The foreman of the jury read:
1--WE, the jury, find the defendant
guilty as charged and disagree as to
her punishment
1--WE, the jury. want the defendant
to have all favors that the law viii
admit Of
Did Not Know Penalty.
Judge Carr then took personal
poll Of the jury. He asked each juror
If he would have returned verdict of
guilty If he had understood that the
minimum sentence possible was one
OF life imprisonment. r. L. Edwards
and H. r. Willis, two Of the jurors,
answered the court with formal state
ments Both jurors said that, had
they known the severity of the sen
tence called for they would not have
voted to convict.
The statement Of these two jurors
caused the court considerable concern
Relief took the place of anxiety upon
the face of Mrs. Winstead. Judge
Carr proposed to return the jury to its
room in the hope that further delib-
Grafton would result in more definite
decision. The woman prisoner leaned
4 forward in her seat hopefully as the
Judge made his proposition.
But District Attorney Eastland was
on his feet and argued against the
judges suggestion.
"This is final verdict" he insisted.
aThe verdict must stand and the jury
must be discharged"
Judge Byrd. for the prisoner, argued
bgainst this reasoning, but Judge Carr
decided, temporarily at least, thGt the
district attorney was right. Tne judge
accepted the verdict, bit postponed
announcement Of sentence until argu-
ment could be heard ON the legality of
The verdict It was considered possi-
/ bic that Judge Carr might set aside
rdict and order new trial.
1, until a later decision is made.
~ verdict Of the Jury amounts to a
life sentence in the state penitentiary.
MRS. Winstead was led out Of the
* court room and back to her cell in the
ounty JAIL She continued to hold
herself in reserve and slight quiver
ing Of the lips and Tightening of the
nngers was the only evidence of the
anxiety and excitement that she mast
have experienced.
Mrs Winstead was convicted largely
On the Testimony Of Alex Cater, one,
lime boarder in the Winstead home
ana confessed murderer OF Sim Win
stead. Cater has been serving a life
sentence in the penitentiary, following
his original confession of the killing.
The convict was brought on to partici-
bate IN the trial and attired in his
striped convict garb, was placed on
the witness stand.
Says He obeyed Woman.
His testimony, which was vigorously
denied by the accused woman, was to
tie effect that for three years before
It'd murder he had been more than
friendly with Mrs winstead. He swore
mat the woman had been urging him
to XIII her husband for a year before
ths murder was committed.
"on the night Of the killing" Cater
testified. "Winstead and + were seated
before an open fireplace in the sitting
room. Mrs. Wiustead called me out OF
lae room and pointed to crack in the
will Through the crack, she told me.
! aentd sight gun and shoot Winstead /