Butts County GaArchives News.....Mistrial in the Shaw Case April 1890
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Don Bankston http://www.genrecords.net/emailregistry/vols/00024.html#0005864 January 7, 2004, 10:26 pm

Middle Ga ARgus
Shaw - Welch

NOT GUILTY

Is What the Jury Said for O. L. Welch.

A MISTRIAL ON THE SHAW CASE

As is well known to our readers the first five days of last week were taken up 
by the Superior court in hearing the cases of the state against Thomas Shaw and 
O. L. Welch, charged with the murder of Thomas McNair on 13th of May, 1887.  As 
we went to press on Tuesday, the jury was in their room deliberating over a 
verdict in the Shaw case and remained till Wednesday morning and, failing to 
agree, a mistrial was declared.

On Wednesday morning the work of making up a jury to try O. L. Welch began.  
The jury was completed about the middle of the afternoon and the introduction 
of testimony was begun, and it required till next morning to hear the same.

The opening argument was made by Col. Y. A. Wright, for the defense in one of 
the greatest speeches of his life, and was followed at l0 o’clock Thursday 
morning by Col. E. P. Catchings, who opened the argument for the state.  He 
spoke till 12 o’clock in an able argument for the state.  At 1:30 o’clock in 
the afternoon, Col. Emmet Womack, went before the jury in a powerful speech and 
thoroughly able argument for the state.  He reviewed the crime from its 
inception and argued from the state’s stand point that the defendant was doubly 
guilty and should pay the penalty of death on the gallows.  He was followed by 
Judge John I. Hall, who made the closing argument for Welch.  Judge Hall spoke 
for near four hours, closing on Friday morning at half after nine o’clock.  He 
put forth his best efforts, quoting extensively from legal authority to sustain 
his every proposition.  At the close of Judge Hall’s speech, Judge Boynton 
delivered a most elaborate and able charge to the jury and they were sent to 
their rooms.  They remained but about thirty minutes and announced that they 
were ready to deliver their verdict.

The courthouse was packed to its utmost by an eager people who had attended 
courts all the week to hear the results of this most noted trial.  As the jury 
filed into the courtroom a death like silence prevailed and every one stood 
breathless, as it were to hear the jury’s decision.  Col. Catchings received 
the indictment from the Forman and slowly read: “We the jury find the 
defendant, O. L. Welch, not guilty.”

Immediately upon the deliverance of the verdict Mr. Welch’s friends rushed to 
him and a general handshaking and congratulations ensued.  The Judge dismissed 
the jury and court adjourned.  Mr. Welch held some short talks with his 
attorneys and friends and then went to his home a happy and free man.  Mr. Shaw 
was taken back to McDonough jail where he will have to remain till court 
convenes in August, unless the court sees fit to allow him to give bail.

Thus has ended the most noted trial within the history of butts county.  
Immense crowds thronged our streets every day to hear the result and often the 
courthouse would not hold half the people.   Many ladies, too, besides the 
defendant’s wives and sisters, graced the courtroom with their presence to hear 
the testimony and arguments that were delivered.

Middle Ga Argus – Week of April 8, 1890


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