Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-12-04
FOSTER wHITEsIDE vs.. THE STATE.

THoMAs GOODWILL, ATTORNEY GENERAL AND REPORTER.
FOSTER wHITEsIDE vs.. THE STATE.
inc PlaIntn indicted the Circuit Of
bo County Under the statute for the burning Of "a
twice tried vies Is charged in he ia
dictment 6y jury Of Greene county grant
trial and in Of Judgment wsre .ntered and sue
G ana psr ne psssa in error sensncsd to
he has prosecuted appeal in error to this Court
Of weight given Ss sR s.noSsy 'e Of
me a On a9 s p@ 81 ss t-G sad tn: con
nal responsibility under the circumstances of this
milk house Of the was burned on the 4hOf Aa
gust 1894 party of rebel soldiers under the command of
fragrant neither the the other of the contendRg
parties had any permanent occupation Of the country IN
parties occasionally passed through it, and the time Of
the burning the command Of Colonel Aston passing by
the house, after the main body Of his had gone
yond it, he informed by courier that his guard
detailed from it ten or fifteen men and ordered
them back with instruction to burn the house. which they
Admitting the present the responsibility of the
in it, His connection with il rests alone upon The an
corrobora*ed testimony Of Henry limbaugh who
that at the time Of she burning he prisoner
7. sIdr S0 aT S 1 SG passed the house
two three miles, at Wrghts meadow leading
Rogersys soldiers up said they had beer
fired upon the gap, Kenney house. and detail was
ordered go back and burn the house. There
the time and he states that he remembers
the called detail to burn the house, others he
name of Foster Whitesde john Harris, Brabson Bishop
Charles Inman and Capt. Ross.
ordered by Aston the party written down
on piece Of paper and the detail called out from large
crowd He at that time within six eight
party detailed and when their over the
them or that he answered to his name They were mount
ed, and when they went back the detail
Soon after this the witness further states command
moved on 70 the town 81 kogeEsvI some twelve miles from
jail and the next morning brought tried delivered
soldiers who marched them on foot p the road in the al
rectOn Of Kingsport and Bristol Carter Limbaugh
on borsebsrk Iinsba5sb SVt, Hieu s9o psced
side from there KiDgspor inquired of him if the HOUSE.
really burned He said yes-ha helped to guard it
eo po was 9 Da ana until " was SO fully on fire that it
On the evidence of this witness the verdict rests and upon
the Judgment Of the Court must stand fall
facts and circumstances in the tend rather
The charge Of the Court is specially excepted to- nor
indeed do think it be justly assaed By the
the testimony Of Limbaugh detailing the Confessions
There marked difference weight that is to be Civ
IN 70 aoats oessoHs 81 guk and mere errs judccL and
former if freely and Voluntarily made without nusncs
S nope or fear any degree generally received among
on the superstition that they deliberate voluntary
missions prudcis interest and Safety unless when
ged ey the PTomptngs Of truth and conscience Green
while the latter is the weakest unsatisfactory of ali
tentOn and they always liable to be istssp and mis-.
remembered and their meaning liable msundersteod
Ev sec ga The motives that prompt volunteer Pl
judicial and casual conversation are wholly diS.rsn Tb
is the promptngs Of truth COINCIDENCE while the 9TH
most endless variety motives Hence it Is often Important
n criminal to draw the distinction solemn cen.
LESSONS of guilt freely and voluntarily made and mere cas- an
ls and extra judicial conversations "a
In this case there be doubt the character
witness Linsbaugh The whole conversation, which must
er detailing the admissions the accused before set
ut proceeds They asked who the Some ems n
described old lady young lady being there and %
aid neither of them waKenneys wife Some oss asked where
sss MON man and bashwhacker,' he would have
From this of the conversation of the plaintiff in
on which has "selemn confession so-caed occurred
ion in which all the party participated vho Joined in
b were egldeRty unknown to the Witness and the whole
that II was mere extra judicial and converse a.
aence The state Fields Pecks R.14O-I Greeneafs sU
". 217.
cached but he Is nv tf f. moe only
ae True, his character for yeracity is sustained by
reater number witnesses than mpeach it, But
nimpeached The fact that he is asaiied bT sim
witness says Judge Turley in the case Of Kinche0v
ne state, Hum casts reproash upon the evidence and
then becomes question to be decided npon by jury
number witnesses but by their respecabIitv ana
'TI,,genGe consistency and means of information In
present with him the time to burn the Lous
shown, from Rogersvie to Kingsport He does not ma
rally eoroberse his statement, conradcts it In ssT
Lnebaqgh states that he was the time the detail was
"A the detailed men ' within SIX or eight feet of tAsn Are
Us he was talking with Colonel Aston the rear guard
ID Lnebaugh hundred yards off at that fine
10 ueaed men started from around Aston, and Of
called nor dld ne ever see the plaintiff in until Graf
noBsagb as ' sp Ss nosS dd IGt recognize OR
next day when he was placed under hs charge P
and Linebaqgh were tied together the White
did not hear wSsde oa1 1R talking o. the burning
uperadded to all this the witness Aston Hunt and VIII
ms prove positively that Whiteside Of the
lie that BOgersvilc twelve miles or on the da1
On which was burned These witnesses unimpeach-
and we are bound to give due weight to their testimony
follows, therefore, careful review all the facts
this opinion with further details that in our opinion
re not only decided preponderance Of testimony
S 'ss1i 5S " R:' liz
or the defence This We not authorized to The such
equal not indeed SUPERIOR wit
facts OF this case, to disregard their evidence.
dded to the total want Of testimony YER
IN THIS case It is insisted chat the Court erred in
be Indictment charges tho plaintiff in eFrsr with feOni
house Of George Keae." offence is charged in ~ y,
words Of stauteCode sec 1860 and while H E adj ono 70
ted that the preferable mode Of setting forth offences
or defined by statute 10 follow the words
is insisted that this Indictment includes separate
distinct offences in the same Court, 70
arson to burn clubhouse.
n Indictment be maintained either
istandng botl punished by the ~
lent The Legislature intended the barn
Of the house Out-houso' Of offence anv
than they intended in the succeeding the
to declare the burning of "sny house. barn. stable or
valuable building" constituted but simple offence
crime is when either 'he house of
her is wlfuny ard maliciously burned WHEN any
Yilfuly acOusy burns house ~
stable, or other valuable building. The house
thOuse empOyedn the. statute SYNONYMOUS tucky
5 and not intended by the Legislature SO 10 be
ed. The phrase in the distinctive, held Ou
offences Il follows therefore, mat the and
in the Indictment, being alternative By all The
orities bad and be taken advantage of motion
rest Of judgment Archbalds Grim Prsc. and Pied Dec g.
ar and note alsosss note
s would be otherwise the offences In he
tment contained In different this case
in the count, and therefore wanting in GER
Certainty and precision ia the description offences
entis TO all indictments that the defendant may know
her the averments constitute ndctabs offence -
% plead and prepare for his defence udg-
to be given In connection be manifest pro- n fr
70 him against all subsequent the b1Ide
crime PEEK vs.. The STATE. Hum 81. bonsa -
i0us other questions Of much interest have
aboratey discussed in this which, the view
We taken Of IL, not % be decided
Judgment Of the Circuit Court be arrested and
isoner discharged. uI{ n ~
rue copy AILLIGAN, be ~ .rsS n
p GU, Judge he al
the Scho
$'----- Dec a.
lFiOUS Religious Denominations -