This trial was taken up on Monday
of last week, and consumed the
attention of the Court till last Tuesday evening, when the jury
retired to form their verdict. Nearly every day of the trial the
Courtroom was thronged with listeners of both sexes and all ages,
such was the interest; although this was the second trial of the
case.
The character of the counsel on
both sides added much to the
interest; for the state appeared District Attorney Kinnard,
assisted by Messrs. Blackburn & Hammond; for the
defense, J. G. Cook, Messrs. Matthews and Browning,
and Judge
R. L. Harrell.Capt. Hammond, who opened the
case, made character in this
trial both by his skill in examining witnesses and his speech, in
which he drew such a pathetic and eloquent picture of the Jennings
home desolated by death, that even the prisoner at the bar was
melted
into tears, and everybody was sorry for the young man and for both
families.
Judge Matthews is always
strong before a jury, and in this
case is said to have been both argumentative and poetic; he dwelt
with emphasis and effect upon the evidence that showed that Jennings
brought a gun to town the day of the killing, but the
presence of which the Court would not allow the state to explain,
although the prosecution introduced it. His quotation from
Tennyson
is said to have been beautiful and touching.
Judge Blackburn replied to
Judge Matthews in the most
powerful and eloquent speech we ever heard at the Burnet Bar.
There
were passages in it of intense dramatic force; his analysis of the
strong points of the evidence keen and clear; his sarcasm and
ridicule a revelation to this [text missing]... had lived in the
centre of population, he would have long ago been on the Supreme
bench of Texas.
J. G. Cook's speech
consumed most of Tuesday, and we
suppose, fully sustained his reputation as a criminal lawyer. His
analysis of the evidence is said to have been most searching and
ingenious.
District Attorney Kincaid
closed in a two hours address
which, aside from its other merits, kept the audience frequently
wreathed in smiles by his ridicule of points made by opposing
counsel. While making little pretensions to oratory, the District
Attorney is always interesting and formidable."The battle of the
giants" was over the gun, whether the defendant
and Miss Jennings were engaged or not, the blow with the
rock,
and the testimony of the defendant.
His Honor's charge was long, clear
as a bell and read in a way
that every one in the room could hear and appreciate it.
The jury announced their verdict
yesterday morning at 11:35. It
was 1 years in the penitentiary. The prisoner bore the news like a
man.
Following is a list of the jury,
who were very patient under the
long and severe strain of body and mind to which they were
subjected:
J. W. Nicholson, E. L. Corley, L. L. Joy, J. C. McClish, Ed. Risinger, Berry Pogue, S. H. Patton, A. Swaney, J. T. Olney, I. B. Reynolds, W. H. Thompson, Frank Curry. |