Fulton County GaArchives News.....Ozburn's Fate In The Balance - At The Courthouse June 25, 1891
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Linda Blum-Barton http://www.genrecords.net/emailregistry/vols/00003.html#0000645 March 18, 2006, 12:03 am

The Atlanta Constitution June 25, 1891
Just before 9 o'clock an unusual crowd had collected at the courthouse, 
gathering about the doors and in the corridors to see Ozburn pass by.

At 9 o'clock the courtroom was crowded to suffocation, every seat was occupied, 
and there was not an inch of standing room left.  The crowd filled the gallery, 
pressed into the bar, and a great many were unable to get into the room.

As the clock was striking 9 Judge Calhoun entered and took his seat on the 
judge's stand.

Ozburn Arrives.
In a moment Ozburn, pale, weak and emaciated, almost stumbled into the room, an 
officer on each side holding him up and leading him rapidly along.  He sank 
into a large chair in front of the judge's stand, and at once every eye in the 
courtroom was upon him.

The prisoner glanced nervously around the room, without apparently seeing 
anything or being interested in anything.  A great deal of his time was spent 
in looking at the ceiling, and only once during the entire day did he pay any 
attention to anything whatever.  That was when a very unusual noise was made in 
the gallery.  He glanced in that direction, but only for an instant. During the 
afternoon his wife sat beside him and fanned him, but he did not so much as 
look at her.  She is a pretty little lady, and was dressed in black and wore a 
veil.

The Jury That Tried Him.

Very little time was spent in getting the jury ready, and when made up it was 
as follows:

J. B. Baird, J. M. Alexander, T. B. Neal, L. H. Beck, W. W. Boyd, E. P. 
Chamberlin, A. J. Haltiwanger, H. C. Stockdell, G. B. Adair, George S. Lowndes, 
V. H. Ketner, A. J. McBride.

There were only a few changes from the original list.  Mr. Sam Inman had been 
drawn, but stated that the murder occurred near his house; he had kept up with 
the testimony, and there was a slight bias on his mind against the insanity of 
the prisoner.  Mr. J. A. Bowie had formed an opinion.  Mr. W. P. Patillo had 
formed and expressed an opinion.  Mr. W. L. Peel was sick and could not serve.  
These gentlemen were excused.  The usual questions had been put to all the men 
who had been summoned, and the jury as made up was that stated above.  The 
universal comment was, that a better jury could not have been selected.

The Sheriff's Good Work.

In opening the proceedings, Solicitor General Hill said: 
The statute authorizing the trial was a most extraordinary one, both in the 
manner of bringing the jury together and in the extraordinary power placed in 
the jury.  From their finding there could be absolutely no appeal.  It was of 
the last importance both to the condemned man and to the state that the jury be 
absolutely impartial.  With the personnel of the jury, he was absolutely 
satisfied.  Captain Morrow, the sheriff, had exercised his well known 
characteristic.  He is a man intent on the faithful and impartial discharge of 
his duty.  He is a man who loves straight lines and who abhors crooked ones; 
but in the interest of absolute fairness the solicitor suggested that the usual 
preliminary questions be asked the jury, to which, Colonel Phillips consented, 
and it was done.  The jurors were asked if they were related to either Ozburn 
or Bradley, and if they had formed and expressed any opinion as to the sanity 
or insanity of Ozburn.

The Judge to the Jury.
When everything was ready, Judge Calhoun addressed the jury briefly, saying the 
trial was a rather novel proceeding in the history of the state.  So far as he 
was aware, there had been only two such cases:  one, that of Sam Hill, in this 
county; and the other that of Spann, reported in the forty-seventh Georgia.  
The judge then read section 4666 of the code, under which the trial was to be 
held, and impressed upon the jury the solemn responsibility devolving upon the 
body, and expressed the opinion that the duty would be faithfully performed.

Each juror signed the oath which accompanied the writ of lunacy sworn out by 
William R. Montgomery, and under which the proceedings were to be held.  The 
names of a number of witnesses were then called, among them many physicians and 
several attaches of the jail, and these were all sworn.

Colonel Broyles Speaks.
Colonel E. N. Broyles, counsel for Ozburn, addressed the jury briefly, saying 
that it was the policy of the law not to put an insane man to death for crime.  
It was regarded as cruel to hang a man who did not know what was being done 
with him.  While there was life there was hope, and as long as a man lived, if 
in his right senses, he stood some chance to find a way to prove his 
innocence.  Colonel Broyles stressed the point that if Ozburn was found to be 
insane it merely suspended his sentence, and when recovered his sanity he could 
be executed.  To find him insane was not to acquit him.

Insanity in the Family.
The first witness was T. O. Ozburn, a first cousin of the condemned man.  They 
were children of brothers.  The witness had known the prisoner all his life, 
though he had been with him but little of late years.  The witness testified 
that the Ozburns were a high strung people and got off their balance easily.

He testified that he had one sister who had died in the asylum, and that sister 
was a first cousin of Charley Ozburn.  The witness had an uncle who had been in 
the asylum, and he has a niece at Conyers, who has been in the institution; she 
is a second cousin of Charles Ozburn.  The witness declared that there had been 
a great change in the appearance of Ozburn since his incarceration.  Charley 
Ozburn's common weight had been 170 or 180 pounds.  The witness thought he 
would now weigh about 100.

Dr. Griffin Testifies.
Dr. Griffin was the next witness on the stand.  He said he had been practicing 
medicine thirty-one years and had been county physician since April 1890.  He 
had known Charley Ozburn only since his incarceration.  He had treated him for 
a private disease that sometimes produced insanity.  Dr. Griffin said the 
prisoner's feeble physical condition might be produced by his imprisonment or 
by a nervous shock and the consequent great strain upon him.  In jail he had 
developed a low grade of fever, which, in connection with his diseases, might 
produce insanity.

"What is the condition of Mr. Ozburn's mind" was asked.

"I think he is insane.  I am confident of it."

Continuing, Dr. Griffin said that his opinion was based on Ozburn's conduct, 
which he had watched carefully.  He had noticed the peculiar mental condition 
of Ozburn since about the middle of April.  And the doctor expressed the 
opinion that the physical and mental powers of Ozburn were better yesterday 
than they were ten days ago.

The First Symptoms.
The solicitor asked Dr. Griffin what caused him to first notice Ozburn's mental 
condition, and the reply was, that Ozburn would frequently ask the same 
question a dozen times and although it would be answered each time, Dr. Griffin 
said he first reported Ozburn insane about one or two months ago.

Solicitor Hill asked the question:
"Is it not true that you never made an affidavit on his insanity until after 
the supreme court affirmed the judgment of the court below and the governor 
refused to interfere?"

Dr. Griffin said the matter was nothing in the world to him, and he made the 
affidavit a few days ago to justify himself.  He had delayed the matter, 
thinking it possible that Ozburn's mind would be restored after his fever 
abated.

Dr. Griffin made a statement of the medicine he had given Ozburn.

Medicine and Toddy.
After the treatment for the private disease, the low fever followed.  

"I gave him," said Dr. Griffin, "five grains of quinine every night, and a 
fourth to an eighth grain of morphine occassionally when he did not rest.  I 
rarely ever gave him the medicine myself, but left it with the jailer, to whom 
I gave instructions just as I would give to an outside patient."

The witness was asked if he was still giving Ozburn opium.  He said he had not 
given any since last Sunday, as Ozburn was not as restless as he had been, and 
did not need it.  Orders had been left for Ozburn to have beer, toddies, eggnog 
and milk punches, about an ounce of whisky or an ounce and a half being given 
him three times a day.  Generally three pints of beer was allowed him.  He was 
not allowed all the drinks he wanted, as he would drink all day if permitted to 
do so. 

Dr. Griffin said that he would not be willing to give an opinion as to the 
sanity or insanity of a man without having ten or fifteen days in which to 
examine him.

"Is Ozburn insane?" asked Mr. Hill.

"I think," said Dr. Griffin, "if you hang him tomorrow, he would go upon the 
gallows knowing no more about it than a brute."


Additional Comments:
Part 2 of a full page spread. 

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