H.H. Scott will spend his remaining days in Stillwater for the Murder of S.K. Erwin.
The jury brings in a verdict of murder in the second degree after being out seven hours.
At the time of going to press last week Mrs. Scott was testifying on behalf of her husband. Her testimony was principally in relation to Mr. Scott's insanity. She told of an attempt he had made at one time to poison himself. Of another time when she was obliged to call in the Village Marshal to take a gun away from him, and of still another time when he pretended to shoot himself, and of similar acts which she as a physician, said were evidences of insanity.
Doctors Paquin and Collins were called as medical experts on insanity and gave their opinion as to the mental condition of the defendant at the time of the homicide. In substance their testimony was to the effect that there were no indications of insanity. Several of the witnesses before sworn were placed upon the stand to substantiate some minor point, and the defense rested. The State then took the case, and recalled Mr. Rainsford who was in the round house at the time of the shooting and who saw the last shot fired. He swore that he was but sixty feet from the victim and that when Scott fired the last shot when standing over Erwin, he said, “I'll hang for it!” That the witness heard him say these words before turning to go away. The other testimony offered was of an unimportant nature, and the testimony was closed. A session was held in the evening when the argument of the attorneys was opened. Attorney General Clapp, for the State, spoke for about half an hour and after summing up the testimony in an able manner, touched on the importance of the punishment of such crimes. His argument was forcible and was not a disappointment to those who expected something above the ordinary. Mr. Johns, for the defense, occupied the attention of the jury for about an hour. He made an earnest plea to the jury, touching on all the important points and holding the jury as well as the large audience in wrapt attention by his earnest eloquence. For a man of his years, Mr. Johns may well be considered one of the brightest attorneys of the state. The case was submitted, but the Court did not charge the jury until the morning session. His charge clearly set forth the duty of the jury, and defined degrees of murder and manslaughter. It was clear, impartial and comprehensive. The jury retired at about 10:40 A.M., and it was not until within a few minutes of 6 P.M. that they agreed. When they slowly filed back into the Court room and took their seats in the jury box, the room was nearly depopulated, but it was but a few minutes before a small gathering assembled, and just as the bell was ringing for six, the Clerk read the verdict, finding the defendant guilty of murder in the second degree. After supper Court re-convened for the closing scenes of the trial. A death-life silence prevailed when the judge called the court to order and ordered Mr. Scott to stand up. When asked if he had anything to say “why the sentence of the law should not be passed upon you,” Scott replied “Nothing, but that I am innocent.” The Judge then sentenced Scott to confinement at hard labor in the state prison at Stillwater for the term of his natural life. When the sentence was passed Scott showed no signs of emotion, and went about the court room bidding his friends good-bye. He was taken to Stillwater on Monday.
After the sentence was delivered Mr. Johns, for the defendant, gave notice of motion for a new trial, which will be heard before the judge.
No comments:
Post a Comment