LIVING HISTORY
35
with his hands under his head. The doctor who examined the
body said the bullet went in at the Adam’s apple and exited
at the base of Powell’s brain.
Neighbor Lyons spent a long time on the stand being examined
by the state prosecutor. After lunch, he was cross-examined
by Pruitt’s attorney, E.M. Baynes, and recalled hearing
mumbling voices before the shot. That caused State Attorney
Phil O’Connell to question why Lyons had not mentioned
the voices previously, including at the inquest and grand
jury hearing. Lyons said he’d never been asked. O’Connell
reminded him that he was told to reveal anything that might
shed light on the case. He then asked who Lyons had lunched
with before the trial resumed that day. Lyons had lunched
with Pruitt.
The trial took only one day, including the two hours to
choose a jury. During this trial and the two to follow, reports
said the crowds in the courtrooms were small.
Pruitt was the only one to testify on his behalf. Cora Leigh
did not appear in court. Testimony concluded about 5 p.m.
and went to the jury at 6:30 with the advice that the “unwritten
law” was excluded as a direct basis for justifiable homicide.
This was later clarified that a “crime of passion” could
perhaps reduce the charge from first-degree murder to a
lesser crime but could not clear the defendant of all charges.
The jury returned at 10:50 p.m., with the foreman declaring
it had not and could not reach a decision as it seemed impossible
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to reconcile conflicting opinions.
Judge C.E. Chillingworth declared a mistrial. Citing the
lunch with Lyons, the judge revoked Burt’s $10,000 bond and
said he must wait for the new trial date in jail. It would be
Burt’s first night in jail in the eight months since the shooting. >>
Ospreys still
find food in
the river’s
dark waters.
MARY DODGE
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