The daily commonwealth. (Greenwood, Leflore Co., Miss.) 1916-1919, 1917-02-10
LOVE CASE REACHES THE JURY
SOME TIME THIS AFTERNOON
Special Venire Exhausted in Selecting Jury
Testimony Taken Last Night and Today
Defendant Was Witness.

The case of DR.. s. F. Love, charged
with the murder Of Mr.. J. S. Car
michael at Morgan City on December
a. 1914, was given to jury of twelve
Of his peers in Circuit Court this aft.
ernoon for the second time since the
tragedy occurred. The first trial in
1915 resulted in mistrial. DR.. Love
is confident that the present trial will
result in his vindication.
The case was called yesterday
morning and special venire of 75
men were present to serve on the jury
if needed. Before the twleve men to
try the case were secured the entire
special venire had been exhausted and
most of the regular jurors for the
week had been examined
Dr.. Love himself took the stand
last night, an evening session Of court
being held in order> to complete the
trial today. It was the only night
session that has been held at the pres
ent four week term of Circuit Court.
The argument in the case, both for
the state and the defense was strong
and both sides exerted every effort
known to the profession to secure the
desired ends, the state attorneys to
ret a conviction and counsel for the
defendant to get an acquittal. The
case has been hard fought through
out. District Attorney j. M. Forman
and County Attorney Means Johnston
have been assisted in the prosecution
by Judge ]. M. Cashin and Hon. B. B.
Carmichael, brother of the dead
man. Both are from Greenville. The
defendant was represented by Messrs.
Hill and Witty. l
Members of the families of both the
defendant and the deceased were in
the court room. Possibly half hun
dred others were present to hear the
testimony and arguments.
The only evidence introduced by the
defense when court convened this
morning was concerning the character
of the defendant. Numerous witness
es testified that they had heard moth
ing said against DR.. Love during their
acquaintance with him and had heard
him characterized as peaceful man
when ever he was discussed.
The state introduced several wit
nesses in rebuttal.
After the jury was finally secured
late yesterday afternoon the taking
Of evidence was begun, the state at
tempting to show that DR.. Love had
in conversation prior to the killing
Of Carmichael, declared that he would
take big chew of Star Nevy and go
60 to the depot and spit on the floor,
the table and the telegraph instru-
ment, and that he was advised to take
his stick and go over there and run
Carmichael out of the Office. From
the testimony it appeared that these
statements were made in jest.
The states star witness at the pres
ent trial proved to be negro, Avant
Price, who testified that he was pres
ent in the Office of the depot when
>Carmichael was shot by DR.. Love. The
defense introduced three witnesses,
also negroes, to prove that Price
was not in the depot at the
time but at the rear Of the warehouse,
a distance Of $50 feet away.
An effort was made by the state
Yesterday afternoon to introduce evil
derce to show that Price had been
threatened but the testimony was OBJ
jected to by the defense and the OBJ
lection sustained by the Judge. When
Prlce was first called to the stand last
night he showed every reluctance to
answering questions put to him and
1t took the combined efforts Of the
attorneys, the sheriff and the Judge
70 get him to talk out. Asked the
dlrect question by counsel for the
state "are you afraid to testify again
this time?" he answered Eyes SIR
IN hating whisper.
1t was brought out in the testimony
that Price testified at the January
term of court 1916 at the first trial of
Lr. Love, which resulted in a mistrial
MS reasons for being afraid to testify
AZ this time were not brought out be-
cause Of the objection Of the defense
70 the testimony being sustained.
Prlce testified that he was in the
ONCE Of the depot when DR.. Love came
IN and that Carmichael was sitting at
MS desk writing. According to the
negro the agent was sitting at his
aesk sideways writing with his right
nand with his left hand lying in his
zap. When DR.. Love came in Price
SAD that he addressed a remark to
carmichael to the effect that he un-
1efstood he had gotten on his nerves
Oy splitting on the floor. The reply,
according to the negro, was ,"You did,
UOctOr0 uhort oxo,,roayf rou,,ltad