Fulton County GaArchives News.....Ozburn's Fate In The Balance June 25, 1891 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Linda Blum-Barton http://www.genrecords.net/emailregistry/vols/00003.html#0000645 April 4, 2006, 6:37 pm The Weekly Constitution, Atlanta, Ga. June 25, 1891 Colonel Broyles's Speech Colonel Broyles started at once into his argument. He briefly read the law pertaining to sanity and insanity, and then took up the testimony that had been taken, and commented ont he speech of Hon. C. D. Hill. After reading to the jury several extracts from medical works relating to insanity, he said that Ozburn was afflicted with dementia. The main point, he said, was whether Ozburn was in the fullest possession of his faculties or not. The evidence showed, he said, that though Ozburn seemed to have his faculties somtimes, at others he did not. The jailers had heard him say that he did not know his wife and that he had imagined worms were on his face, and was continually trying to pull them off. He did not think it was any argument that Ozburn was sane because he talked in a rational manner about heaven and his mother. His point, if he was dissembling, was not to be influenced by the good and true, but to practice deception all the time. His talking as he did was an argument as to his insanity because it proved conclusively that he was not dissembling and practicing deceit. In regard to Dr. Griffin's treatment of the prisoner he said that the doctor left the medicine with the men who waited on the prisoner with directions to administer when certain circumstances arose, "This," said Colonel Broyles, "was no more than other physicians did, and no exception could be taken to it and, as to the grain of opium, it was only a different and milder form of morphine. He said that some of Ozburn's acts were rational and some were not, and those that were not were sufficient evidence of his insanity. He said he would not tell the jury what to do as he knew they would do their duty. Will Not Adjourn. At this point of the proceedings Mr. Phillips arose and asked his honor, Judge Calhoun, to find out the sense of the jury as to listening to the remaining arguments or adjourning until the morning. The jurymen were unanimous in their decision to remain and finish the matter and Hon. W. C. Glenn, of Glenn & Maddox, arose to make the concluding argument for the state. He said that the normal condition of man was sane, and the insane man was the exception, so that the burden of proof was on defense, who had to prove that Ozburn was insane; that the one and only test was for Ozburn to know that it was morally and legally wrong to commit murder, to take away the life of another human being, and that in this case he did not think it necessary for him to be ablet o give continuous thought to anything. The jury should not let the picture of a good and faithful and steadfast wife, overshadowed by his crime, make them swerve one hairsbreadth from the line of duty, even though they gave a verdict against Ozburn written in their own heart's blood. He then touched upon the evidence that had been introduced. He said that Dr. Hagan swore Ozburn was trying to deceive him, that Mrs. Brittain, of the King's Daughters, swore he tried to deceive her; that one witness swore the prisoner read a newspaper when he thought he was not being watched and stopped when he saw that he was, that another witness swore he caused his frequent vomiting by putting his finger down his throat. Colonel Glenn concluded his speech at 11:35 o'clock. Ozburn On His Lounge. During the latter part of Mr. Glenn's speech and all through Col. Phillips's, Ozburn was lying upon a lounge immediately in front of the judge's stand. Between him and the speakers was a table, and by slightly raising his head from this reclining position, Ozburn could see the lawyer speaking and the faces of the jury as well. He appeared to be utterly exhausted, and finally began dozing. His sleep was broken, and occasionally he woke up and looked about him. Then he would appear to drop off asleep almost as suddenly as he waked up. His sleep gradually became sounder and his waking starts came at longer intervals. Two or three times he leaned over a spittoon and vomited very slightly. At these times, Sergeant Bob Ozburn, of the police force, held the prisoner's head and afterwards poured out and handed him water. Once there was quite a disturbance int he street and a noisy movement of the audience toward the windows on the Hunter street side. Ozburn waked up with a startled look upon his face, looked curiously at the crowd, and appeared relieved as the noise subsided and the audience resumed their seats. At another time Patrolman Ozburn, another relative, leaned over Ozburn for a drink of water. Again the prisoner waked up quickly and appeared frightened. He appeared re- assured in an instant, and as Patrolman Ozburn looked down, he nodded and held out his hand for the glass of water. This was given him, and he threw his head down on his arm and went to sleep again. A Midnight Recess. Mr. H. C. Stockdell, one of the jurors, asked for a recess. This was given, all the jury retiring. They were out about eight minutes. The last speech was by Colonel C. I. Phillips. Colonel Phillips Closes. He reviewed the testimony, beginning with that of Dr. Griffin. Upon this particularly he laid great stress. He contrasted then the positive character of this testimony and that of Dr. Stiles with that of the witnesses for the state. He dwelt upon the statement of Dr. Roy that Ozburn was an "imbecile." He referred to the testimony of the jailers. "I've been solicitor myself," he remarked, "and I tell you the solicitors usually keep the jailers and the bailiffs might well in hand, Don't they?" In fact, the speech was a comprehensive and powerful review of the whole testimony. Colonel Phillips concluded at 1:14 o'clock. Mr. Barnes Explains. In Colonel Phillips's speech a reference was made to the fact that Deputy Barnes was searched for diligently by Ozburn's counsel, but could not be found all day until late in the afternoon. On the other hand, Colonel Phillips stated, the deputies and bailiffs who testified on Solicitor Hill's side were found promptly. The inference was that Mr. Barnes was hard to find because his testimony was against the theory of the solicitor. After the speech Mr. Barnes gave this note for publication: Mr. Barnes, in the first place, was not summoned as a witness, and did not know he was needed. Secondly, at 11 o'clock an attachment was handed him to serve. He went to serve it, but failed to find the party in. He had to wait two hours or so until the man came. He failed to give bond, and Barnes had to have some heavy machinery moved. He did not get back till about 5:30 o'clock. Judge Calhoun's Charge. "Gentlemen of the jury," said Judge Calhoun, "the powers of the ordinary in such cases as this are limited and restricted. In truth, about all he is expected to do is to swear the jury, to preside over the court, and to see that it is conducted int he formal and prescribed manner. This I have endeavored to do. I do not consider that the law gives me the authority to charge the jury, and I shall not attempt to do so for that reason. The question before you is whether Charles M. Ozburn is insane. Is he insane to such an extent that society demands that he should be free from punishment for crime? Under our law a man that can distinguish right from wrong is liable to punishment for crime. This question is for you, and you alone, to decide, and I do not doubt that you will faithfully and fully perform your duty in this matter. If your verdict is that the prisoner is insane, the form of your verdict will be: 'We, the jury, find Charles M. Ozburn insane.' This should be dated and signed by each member of the jury. If in your opinion the prisoner is sane, the form of your verdict should be: 'We, the jury, find Charles M. Ozburn sane.' This should be dated and signed by each member of the jury. You may retire, gentlemen, and make up your verdict." Waiting for the Verdict. It was 1:18 o'clock when the jury filed out of the courtroom and into the grand jury room. Perhaps 300 people were then in the courtroom. The restraint gave way as the judge left the stand, and the hum of conversation filled the room. Cigars were lighted, chairs tilted back, and, everybody fell to discussing the verdict. The big door, thorugh which the jury must re-enter the courtroom, was watched closely. Every time it opened there was a pause in the conversation, and all eyes were turned in that direction. If the crowd diminished at all it was very slowly indeed. It couldn't be detected. Ozburn slept almost steadily. Outside the courtroom, in front of the room where the jury was deliverating, were Bailiffs DeBray and Merritt, on sentinel duty. Half past 1, and then 2. No verdict. The passage of the half hours was told by the clock in the tower. Another clock in the courtroom measured the minutes, and the crowd consulted it constantly. Mrs. Ozburn Leaves the Courthouse. Mrs. Ozburn remained beside her husband during the night until the jury retired. Ten minutes later she left the sleeping man accompanied by her mother, Mrs. Seab Ozburn, and went to her home. The Gallows Tried. The last touches were given the scaffold yesterday and last night it was subjected to a severe test. The rope was tested, too. Early yesterday morning Superintendent Faith sent a 200-pound bag to the jail yard and had it removed to the foot of the scaffold. The bag was strong and securely tied. Later in the day the rope with its big, strong, bulky knot was taken from the box and given a thorough rubbing with soapstone. Then the end was tied securely in the ring. The bag of sand was placed in the noose and the noose was drawn rightly around the bag. The bay was let through the trap, and as the full weight began drawing upon the rope every one present watched it with interest. Some were afraid the rope would break. But it would have held a thousand pounds just as easy as it sustained the 200. After watching the bag sway through the air a minute or two, a half dozen men gathered the rope and began drawing the sack of sand up through the trap. It was laid upon the platform and then the trap was raised and the trigger was set. Then the sack was placed upon the trap, directly under the beam, and everybody stepped back. Superintendent Faith was standing with his hand upon the rope used to draw the trigger, and as the trap was cleared he asked: "Are you ready?" "Let her go," said Mr. Miller. A steady, hard pull followed. The trigger did not respond, and the trap door remained stationary. "What the devil's the matter?" asked Mr. Faith, annoyed. "Try it again, Faith," said Mr. Miller. "Pull hard this time. It may need grease." Mr. Faith pulled again. It required his strength, but the trigger came. There was a clatter of boards as the trapdoor sttruck the main beam, and at the same instant the bag was dangling at the end of the rope. It swayed around a second and then stopped. Everybody was satisfied with the strength of the rope. The trigger was then greased thoroughly and the door set again. This time it worked much easier. The Day in Jail. The day at the jail was one with noticeable contrast to the previous part of the week, and especially to the bustle and activity of Tuesday. After 9 o'clock, when Ozburn had left, the quietness in general was a common subject of conversation. Few called, and those that did either stayed a short time or came on business. Among the latter was one of the employes at the jail, who brought at noon the rope, from which bags of sand were to be hung to stretch it for the execution. No one suspected the contents of the strange looking box, about two feet long and half as wide; but when the stout hempen rope was produced, it was carefully examined by those about. Some few minutes afterwards a carpenter and painter called. The former went to the gallows, surrounded by a group of men, mostly moonshiners, gazing wistfully at the instrument of death. He himself watched it, shook his head significantly, and then proceeded to construct a neat wooden railing both about the platform and the steps. His companion, the man of other art, then painted the whole a crimson color. The gallows was observed in any but a spirit of humor. Those about looked at it and, turning away, made some remark of sympathy for its victims. Many visitors called to see the structure, but were refused admittance. Late in the evening interested centered in the progress of the trial, and everyone who came to the jail was immediately surrounded and asked about it. Opinions regarding the outcome differed, and when it was announced that the day would not decide Ozburn's fate, matters became quiet again and remained so. What May Be Done. It is very probably that should the jury agree this morning that Ozburn is sane, an injunction will be taken out before Judge Marshall J. Clarke. This injunction will be to stay proceedings on the ground that Ozburn is insane, notwithstanding the decision of the jury. Mr. Douglas Explains. In the course of my remarks in the Ozburn case it seems that I made a few remarks in the heat of advocacy that was capable of a construction reflecting upon Mr. John Faith, Jr., assistant jailor. I am not conscious of having done so; and if I did I apologize for the same, as it was entirely unintended. Hamilton Douglas June 24, 1891 The Constitution's Illustrations. The illustrations in yesterday's Constitution were commented upon generally. The work ws the best and most perfect ever seen in Atlanta. They were not smeared, ugly and black, but each cut was clean and clear. The pictures of Ozburn were pronounced faultless. Additional Comments: Part 5 (and final) of a full page spread. Handwritten on the front of this paper in pencil is the following: Later the Governor has postponed the execution for 30 days so he will not hang tomorrow. File at: http://files.usgwarchives.net/ga/fulton/newspapers/ozburnsf1278gnw.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 14.7 Kb