New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-10-26


gave indications of suppressed emotion. She took
her seat side of her father and not far from the
counsel for the prosecution As the Solicitor nterro
gated her. the father bent eagerly forward TO catch
the slightest whisper Of reply from the bps OF his
Youthful and beloved daughter. IL was evident that,
| bad as he was most tender affection existed be-
tween them, such as commences with HE itself be-
tween parent and child, and exists along lie rough
vsvs;de ill beyond death. The little girl was greatly
affected az size answered the first few questions; and
when she was asked what part Der father had taken 10
the awful transaction her emotions oyerpowered her,
and she burst into a food Of tears. She sobbed and
cried as though her little heart would break. The
sceae was so affecting and touching that she was per-
uifted 20 leave the courtroom until sne could r."
cover. Tie proceedings meantime were stayed,
and the Court sat IN stiffness until at last
the witness returned accompanied by female friend.
And here another scene; moet powerful struggle
for her slight frame, and tender mind, must be endured
solemn stiffness pervaded the anxious assenolage
az che again took her seat as witness against her
pareLt The hearts Of all seemed touched as she re-
pled to the solicitors nterogaons, and stated IN sob
bling torres what che bad witnessed Of the barbarous
transaction. There were not many present VINO dd
not feel for the guish OF that young heart wne she
testified that the three men came 10 her fathers house
on the fatal night and that two Of them went to the
Iegros house, when they commenced cursng ana
swearing al him, and then knocked him down with
huge clubs striking him several times. 1hey then
fastened a rope round the victims neck and legs and
dragged him to the distance Of about one hundred
ard fifty yards to gate where they tied him across
barrel and there pounded him with stave until death
ensued. This mode of tying negro across barrel
end and striking with stave is called bucking, "a
severe mode of punishment After the death OF the
negro they united the body and conveyed Il to the
house of hs wife who was slave of Franklin, when
they put clean shirt upon the body and placed II IN
beG They then hid the barrel and the bloody slaves 10
some tall weeds close by. The then proceeded TO
Frankns house, where they washed the blood OIL ner
hands, Naun asked the witness to put some spirits OF
turpentine upon cut in his hand, saying, II any one
asked how il came there he should say be tell down.
The prisoners then all left the house. The voice OF
the little gir quite tremulous and low While giving
in her testimony.
The defense introduced some slight evidence to
chow that Franklin did not ask the negro I&mo 10
come to his house on the evening of the alleged muir
der; that Franklin had heard that the negro tod MS
children that no white man had ever viii oped him,
and that lone should. From this, the defense
argued that the victim was insoent, and disposed 70
resnt righJul authority; that the defendants Were
engaged in ldrjul act, and, in order to expel tue
negro from the premises they had perfect right to
use any measures and exert any force that was neces-
sary in order to subdue him in case he ressted aud
therefore, they had committed no unld,tG act, ana
were guilty OF no ohense.
The defense having concluded, his Honor, Judge
Shepherd, charged the Jury that there was ne ev-
dence that the negro nso eDt or that he had re-
sisted the lawful authority of Franklin, and, II they
believed the testimony OF the principal witness, Cor
neha Franklin, the prisoners were guilty OF nothing
less than murder
The charge was considered by the listeners as de.
evidence of the prncp pal witness the Jury returned
verdict Of "NN GuHyV The whole community
almost look upon it as very brutal murder. me
Jury when questioned as to how they could possibly
bring in such verdict said the testimony OF the pr-
soners daughter was unreliable, ON account OF her
youth What comments people will make upon such
verdict remain to be heard.
And now for case OF another color negro
named Willis, belonging to Mr.. Wiley Riddck, was
tried at the same Court for rape upon the person OF
Mrs. Alkaline wilkins. After an impartial trial, the
Jury returned verdict OF gully, and the prisoner
WAS sentenced to be hung the Eth day of Novem-
Der next. After committing the offense, the negro
was taken by his master out OF the State, but alter
ward brought back TO the county For this ohense
the master has been indicted by the Grand jury and
will be tried at the next session OF the Superior Court
The penalty attached to the masters crime is rather
severe, viz fine, imprisonment, and the pllory
A gentleman Of Virginia, one OF the hr't
cattle, for which inordnste display of his love for
beef, he was sentenced to Hirfy-niae iashes tue
bare back at the public whippng-post Of dot~s
County.
Upon the adjournment Of the Court, two members
of the bar took bit of spar at each other, oy way
of setting difficulty growing out Of some remarks
made during discussion in Court. They were hnaly
parted and the affair " amicably adjusted without
any challenge to mortal combat under the rules OF the
" code Of honor"
One more case. aud will close my account Of the
doings in North Carolina for to-day. lew nights
ago another heathenish outrage was perpetrated not
MANY miles away. Two men proceeded To the house
.f n moor man named Simon Ellis, and invited MIN to
take drink Ellis nothing lc.n 10 imbibe, started to
60 with them, when they seized him forcby ana con,
yeyed him of to piece Of woods, where they "iifei
linn in the uost unmerciful manner. lhey sulppeu
off TIE poor mans shirt and applied the WHIP 10 MI
bareback decorating the flesh IN the most ofuIa anu
frghtful manner You may talk OF the crimes p.ttP,
traed by the Sepoys in India but hardly one oi then
exceeds this Of whipping and considering al tue
oircum stances il is one of the most horrible ana re-
voting that occur in any civilized community
An act more detestable, mean and cowardiy mas
never been committed hereabolts. The unfOr-
tunate victim Simon Ellis, is poor, sickly
fellow, with deformed and emaciated body.
The perpetrators OF the deed are too strong,
able-boded men, and for them to go TO the house of
an unprotected man, whose deformty will scarcely
strip, and beat his fesh and bones, act more
fendish than human-more infamous than words can
express. The very sight OF poor Ellis is sufficient to
stir pity for him. and Indignation toward the horrible
bp0s which could be far lost to every natural feel.
ing, to commit revolving an outrage. Efforts
vii be made to find out and punish the guilty wretches,
for whom the greatest contempt is felt.
Some New-York paper once asked if Virginia was a
civilized State. After reading the above accounts OF
life and doings in North Carolina, the same question
may be put with meaning emphasis as regards this
state when Juries will acqat white men for the
clearly proven murder Of negro, and punish negro
for ess offence with DEATH at the same Court, and
give a white man nine and thirty stripes upon the
bare back in public for stealing aud when two hearty
white men 20 10 the house OF miserable, detormed
and sicky neghbor, and give him a most barbarous
faggelation and arrests made az yet II may
well be asked, Where u our justice, or even ciyiI
zai!cn y. L.