The Parisian. (Paris, Tenn.) 1907-1962, 1921-05-20
JESSE MARSHALL
MUST co TO PEN
Other Decisions Handed Down BY
Supreme Court; Piercell
Porter New Trial.

Jesse Marshall, found guilty of be-
ing implicated in the burning of
the school house at Routon in Sep
to 81 years in the state peniten-
itary. must now take his sentence
according to the decision of the
supreme court this week, affirming
the lower court. MARSHALL was APP
pretended and placed in jail last
week to await the decision of the
high court, and is now ready TO go
to the pen as soon as the warden
comes for him.
Piercell Porter convicted in the
Benton County circuit court for as
sault upon the sheriff with intent to
commit murder, was granted a new
trial by the supreme court, Deputy
Robinson was shot by Porter when
the former attempted to arrest him
on charge of transporting liquor.
1t seems that on the trial the jury
were instructed that if Porter was
Transporting more than three gallons
at the time he was guilty of a
felony; subsequently the supreme
court found this act unconstitutional,
and on this appeal it was accord
ingly held that Porters rights were
prejudiced by the erroneous instruc-
ton of the trial judge to the jury,
His case was reversed and remanded.
In the case of j. l.. j. Key VS..
r. ID. Collins, contest over personal
estate involving some $4,000 OF the
deceased wife of Collins, the decree
of the chancellor was affirmed and
case remanded for further proceed
ings. Collins claimed the estate by
virtue of martial rights as surviving
husband, and Key claiming it by
virtue OF a marriage contract exc
cuted prior to Collins marriage.
The contract provided that the worn
an then about to marry Collins,
should retain all her lands and
| money to be her own in fact and
| be free from the control Of her in
| tended husband as though they had
| never been man and wife" The
| court held that this language con-
| strued in connection with manifest
| intent of the contract was an UNI
| equivocal exclusion of every right
Collins could possibly have as hus-
| band in his wife's estate and had
| the effect of cutting off his rights
in her property as surviving husband
with the result that on her death
| the property passed to the complain
ants as the next of kin to, Mrs.
Collins.
| The decree of the chancellor was
| also confirmed in the case of Mrs.
| Go ID
ct ais. Mrs. Throgmorton, as the
widow of j. w. Oliver, secured a
compromise award of $500 as dam
ages for divers death and retained
| $4,000 of the award as her year
support and divided the remainder
between herself and children later,
having married again, she was adj
| vised that she was entitled to the
entire damages which had been
| awarded in a suit brought in her
name under the statute of 1871, and
sued her children to recover the
amounts she had paid over to them.
| The guardian of the children filed
a cross-bill claiming that the chill
dren We're not only entitled to the
amounts they received, but We're
entitled to pro rata part of the
$4,000 which their mother had re-
tanned as a years support. The
court held in favor of the cross-bill
| that Mrs. Throgmorton was not en-
TITLED to have her years support set
| apart out of this fund but that all
of it should have been divided be-
tween her and her children, and a
| decree was accordingly rendered sus-
tanning the cross-bill.