The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-03-31
FATE Of MARSHALL
NOW RESTS WITH
Jury Of Il MEN
Jurymen Take Case at Noon
and Retire to Consider ver-
diCt-Large Crowd Await
Decision In Suspense.

TUPELos Miss, March 81. (spi) -
argument ta. the case OF the state OF
Mississippi against Charley Marshall,
IN which he e being tsied for his life
on the charge Of miFdering the infant
Burley Miller. who was slaln along with
the rest Of tlsA family on the night or
Jan. Is, closed at II O'clock TODAY and
me jury iullnsaiately retired to con-
slider its Verdict.
When Court convened at $3.50 o'clocl,
thls morning every seat was filled and
standing rooM u the han and corridor
were at q premium
J, Il. Rankin. OF counsel for the pros
ecution, read the states charges TO the
jury and Judge Claude Clayton, attor-
ney Tor defense, read those given for
the defending
The state asked only two charges.
the regular murder charge and one In
structing the Jury Of Its right under the
law 10 discharge entirely the testimony
| OF any witness whom II believed to have
sworn corruptiy and falsely. The de-
iehse asked 2s Instructions II Of which
We're given ana six were refused Im-
mediately after the reading OF the in
structions the court ordered the Jury
70 retire, and III Its absence warned
me crowd against any applause OF
demonstration 8
The jury then returned, and Capt.
Heorge G. PAINE opened the argument
for. the state. He spoke for 80 minutes
| ana was listened to with attention as
| ne arraigned in scathing terms 1.-THE
devil who committed the helnous crime"
for which the defendant is being tried.
| Pale and somewhat detected. the de-
tendant sat Between his father and
brother just ahsidA the bar. and his
aged stepmothar occupied seat Just
in front of him, Jus$f across the open
space In front "a the Jury. some 20 feet
away, sat Peat1 May Miller, the only
survivor Of the murdered Miller fam
ny, whose name viii 1--we long in the
| annals and thrilling traditions of Mis-.
sissippi and whose remarkable story
Of the horrible assassination consti-
| tutes one OF the most interesting and
| exciting stories ever related In q court
| OF Justice, She maintained same calm,
serene poise and bearing as that exhib-
tied by her oHgthe witness stand when
| she matched, her sincerity with the viii
| and talent OF sstute counsel and re-
| challenged the admiration of the vast
throng who hung breathless on he:s ev-
Judge clalpa interpossd an objsa.
assaliSiM M the sg " Y Eharlss slss MarshalI "a VI
Saya II nleiSs 4Ss sEslEss sElEs 6bSssgigl sssEgisy
and the captait proceeded with the pre-.
sentation of his case.
| Although the jurymen have been un
days all appeared as fresh as when they
took their seats in the jury box at tn,
beginning of the trial. Moisture fillet
the eyes of most of them at times anC
I trickled down their cheeks and tears
were visible In the eyes OF vast mum,
Der of the men and women who filleC
| the courtroom.
1 Judge Clayton, for the defense, fol
| lowed Capt Paine and made a powerfu
argument in behalf of his client. Judg,
Clayton is a good lawyer, and the skill
full manner in which he has handled tht
| case has demonstrated that the defend
ant was amply represented,
The district attorney closed the ar
| gument for the state in a 45-minut,
| speech In which he answered Judgt
| Clayton and pointed out what he con
sidered the weak points in his argu
/ ment.
| Marshall, a witness in his own be
| half late Tuesday. denied that he ha,
any part in the horrible murder of tn,
| Miller family.
| Il was at my fathers home at tn,
| time of the killing" he said. Witness
| declared that the remarkable stor,
told by Pearl May Miller, only survivo
of the family. was untrue so far as he
| Marshall. was concerned. He was COO
| as he answered the questions unde
| cross-examination and told a stralgh
| story.
| witness declared that he was IN bet
| at the time of the fire and saw
| number OF automobiles going In tina
direction after the house began t.
/ burn.
His father. John f. Marshall, VIII,
was indicted jointly with him and hi
| brother. Felix, for the wholesale
slaughter of the family said they heart
TIM explosion about $3.50 pm. Thej
| agreed at the time that the explosioi
was at nearby sawmill which was il
the direction OF the Miller home. :