Maury v. State

• Decision Date: 27 April 1891
• Citation: 68 Miss. 605,9 So. 445
• Court: Mississippi Supreme Court
• Parties: GEORGE MAURY v. THE STATE

9 So. 445

68 Miss. 605

GEORGE MAURY v. THE STATE

Supreme Court of Mississippi

April 27, 1891

FROM the circuit court of Kemper county, HON. S. H. TERRAL, Judge.

Appellant was convicted of the murder of one M. H. Maury, and sentenced to imprisonment for life. The facts of the case briefly stated are these: --

One Nicholson, a white man, accompanied by his little son seven years old, was driving an ox team along a public road. He had occasion to stop, and the oxen were driven on by his son. Defendant, a negro, also in an ox wagon, was going along the road in an opposite direction, and met Nicholson's wagon in charge of the little boy. It was after dark, and, when the wagons met, according to the testimony of Nicholson defendant insultingly demanded of the little boy to give the way, and cursed and abused him. Nicholson hearing the colloquy, hurried to the scene, and a fight ensued between him and Maury, in which the latter got the advantage inflicting severe blows upon Nicholson.

This occurred on Thursday, and on the following Sunday night Nicholson, in company with eleven or twelve of his friends rode to the farm of Maury, and, after sending several of their number to ascertain if he was at home, rode rapidly into his yard and called for him. Not finding him, they proceeded to search the premises, and found several colored men shut up in the smoke-house, the door of which some of the searching party had broken open. Maury, the accused, was not found there, and about that time some one called out "Here is George." Some of the party then started in the direction of the cotton house, from which the voice proceeded, when a volley was fired from it and two of the searching party were killed, one of whom was M. H. Maury, a son of George Maury's former owner, and the other a Mr Cobb, brother-in-law of Nicholson.

On the trial several of the raiding party were examined as witnesses, and testified that their purpose going to the house of George Maury was merely to arrest him. It was, however, shown that Nicholson, immediately after his fight on Thursday with defendant, informed Cobb of the fight, and that Cobb, in the time intervening between Thursday and Sunday night, collected the men, who with Nicholson and himself went to the house of Maury. No affidavit for the arrest of Maury had been made, and none of the party had any warrant, or made any announcement to the defendant or his family of the object of their visit.

The testimony is conflicting as to the behavior of the party while on the premises and before the shooting, the testimony mainly being to the effect that they were quiet, and that no shots were fired by any member of the party.

It should also be mentioned that the accused, who testified in his own behalf, denies that he was among the number of those who were at his house at the time of the shooting, and says that he had fled before the arrival of the party and knew nothing of what took place until afterwards. He also differed from Mr. Nicholson in his account of their personal difficulty, and denies that he spoke harshly or insultingly to the little son of Mr. Nicholson.

At the instance of the state the court gave the following instructions: --

"5. Under the law of this state, any private person has a right to arrest any one who has...