Appellant was convicted of murder and sentenced to imprisonment for life.
He appears in this court without counsel. The facts are briefly 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 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, the defendant
insultingly demanded of the 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 the son of the
former owner of the defendant, and the other a brother-in-law of
Nicholson. The members of the raiding party testified that their purpose
in going to the home of the defendant was merely to arrest him. It was,
however, shown that Nicholson, immediately after the fight on Thursday,
informed Cobb, and Cobb between Thursday and Sunday night collected the
men who joined in the raid. 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 accused who