Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-01-15
SUPREME COURT OPINION.
soN VILE TEsssEssEz. sErrkMsER TxRM, 1867.
InoslAa II ..rnrE II. Arfonssr eE.an.1 -. $3.50
c,RRER ~ TEE STATE.

indicted for iho murder of one Francis lie srrasne
S o ana y the my ioand gui{ o. mas apsad M q
TOR 50 this court
Several grounds Of crror have assigned argument
i't It Is insisted tho court IN refusing to eontnu
the cause. upon the 6nidavits fled by the defendant
q fhe nsuneeney q The atndsviti question is hO
l. held by this court in the case OF Gray vs., III
state 10th Aer aat the supervisory control Of this
over the legal discretion the Circuit Court in the applies
on and enforcement Of their rules for the conduct Of
ss before them Of very delicate Character exacng oI
~ court the utaos caution and circumpection, and TO
This doctrine re-sfrsd in the ease OF Goodman ',
me state Aeig Rep and although IN the latter ID
say they were Of the opinion tina; the affidavit did
ian sufficient grounds for contnuanee Of the cause,
fasa5 10 II ihe Circult Court had merely re
49, the cause upon the ground of the insua1ei
elcy OF the adav should have hestatd long befor
would Tor that reason, have reversed the Judgment
But say the court he record maBsts that the Circul
Oyutt thought as do that the affidavit sufficient
1 testify az stated in the afBdayit."
lin the Of Nelsonvs Tho State md Swami tht
court said 1T has often been decided by this
are and should be- left very much to the dis
require strong Of abuse Of this discretion 10
And in the the also say: Public policy
well as individual interest requires that justice should be
" with the allowance Of reasonable opportunity for that
preparation which necessary in each particular
the attainment OF justice This sentiment applies to both
In Of Puts vs. Gillian LIST Head 49, this court
would its upon such motions unless
clearly appeared that there had been very great abuse Of
This regard the settled rule this court The only
question @ consideration then is has there been such
abuse this discretion this case as will authorize this
court to interfere
the finding OF the Indictment and the 3st Of July 1885,
admitted to BAIL at the following October the
court he again recognized and it would the
continued by consent the following February
1856 the cause was again continued by consent and the de-
PENDANT recognized The done again ct the fol-
lowing June term At the following October the
continued the affidavit defendant when he
following
these applications made for the continuance
then nineteen months had elapsed after the the
PENDANT during the whole Of which time he bail and
had full opportunity prepare for his defense and four
months after he had continued his cause upon affidavit,
partly because Of tho absence whom he had
poyed and paid conduct his defense and the
assigned IN support oil the application 70 continue IS that In
laying his before his counsel about two weeks before the
date OF these adav the defendant was for the first time
ADVISED OF e haefay Of the testimony OF certain wines
when it too late the benefit Of their test
moDy at that term Of the court
Parties must to the exercise OF
reasonable diligence in the preparation for their defense
case to saw tbe least Of II n seems 10 ~ fo defepdaut has
been guilty Of most extraordinary aeh it, he nsinuated,
fore this application hut be this may certainly
unable to that She Circuit Court has been guilty of great
abuse Of discretion the other hand think refusal Of
The next error assigned is as TO The action Of the court in
holding Juror Incompetent because he qualified
under the late franchise law 1t is not necessary
his examination touching his qualification juror, the u
stated he neither eeholder householder in the
county he was therefore clearly incompetent
The assigned that certain statements OF Stone
CIPHER time before the killing, Improperly
luded from the jury Upon the trial the defendant intro
iuced Louisa Brummett who stated that short tmo
before the killing Thomas Stonecypher and Matthias CARRIER
where Francis killed The witness then asked
not stonecpher stated on leaving her house. in
The Of CARRIER that they going TO arrest Fran
is the deceased deseTer from the Confederate army by
virtue oordcrs from tho Provost Marshal at Jonesboro ~
This question objected to by the Attorney General aud
he objection was sustained by the court.
II insisted the statement made by Senecypher under
bese was competent as part OF the gJ
Nothing is known of the circumstances Immediately at
ending the homicide except as they are gathered from the
onfession of Stonecypher aud CARRIER.
Abraham Fine proved that the day Of the killing lie met
OneCypher and CARRIER when CARRIER told him 6tonypheT
lad killed Francis that Francis cutting oats in Waters
ed was cutting from them and they slipped along and ad
Francis he might consider himself bis prisoner and he would
with him Francis then asked Stonecypher he
would let him go for his jacket roundabout Stone
ypher gave him permission TO do he walked little dis
ance, seemsd excited and made at Stoncypher and then
onecypbcr him. He also said Francis seemed suffer
nuch and be bound sheaf Of and put it under his
cad and the only they could arrest him was to take
he advantage of him.
Humphreys another witness for the proves sonecy
her and CARRIER to house the day after the killing
onecypher said 81 reckon you have heard have killed
Bill Francis" said how did you happen to do II He
aid, I'VE found where he had been cutting oats IN waters
sd He cut a6Og half way through the aod and turned R
yards hands and knees kept concealed until
cut raised up and told him he prisoner
things you have TO quit and 60 town with
49, will kill you right here. Francis said, won't
aid, if you about will stick my scythe In you.
eplied if you offer that, will shoot you. We had few
yr1ndabou nyhow and stepped of three or four steps
rJm sbere he was standing. Then cooked my pistol
bough. a leard She click Of the lock He then wheeled
ARDS a. ana know he co,d win ne horn in minute or
expect through the hear, His Laa .uck nay boot when
fe and he died in three There also
that Sonecypher and CARRIER had been in the rebel
n.y. and that CARRIER said he had been discharged The proof
lso showed there soldiers in the country and that
rebel Provost Marshal Jonesboro' that
Fine on his crossexamnaton proved that in the
alton with Stonecypher and CARRIER which he had detailed
his examination in chief they said that Francis sub
ec to CONSUMPTION In the army and they
fter him 10 arrest MN ana 10 Drng MN to town TO the Mar
hal Hc also proved he enrolling officer, and had
oiled consrpt, after the orders allowing details
works. Many other facts were which deem
wholly unneceeary to mention;
Grcenleaf on Ev. vol sec l0s says There other
declarations which admitted original evidence being
distinguished from hearsay byther with prln
complication Of circumstances intimately interwoven
to be ardy sporadic from each other Each birth
parent Of Others and each during its existence has
neperable attributes and its kindred facts materially Affect
ng and essential 10 be known in order
ight understanding Of its nature These surrounding cir
umsances constituting Pat Oh lhe ~ g may ~lH"y %
determined by the Judge according TO the de-
rec of their relation TO that fact and in exercise Of his
ound discretion it being extremely difficult If impos
e 10 bring this GLASS Of cases within the limits Of more
In the same section the author says further when per-
enters into land in order TO take advantage OF forfeit
Orecose mortgage 10 defeat dissie1ure the Ike
changes his actual residence dOmi OF is jour
iey leaves his home, returns hither or remains
abroad or secretes himself or J does any oheT act ma
understood his declarations made ct tho time Of
and Expressive OF Its character otTes OBJ
ec regarded yerbal acts, indicating present pur
and intention and are therefore admissible III proof
my other material fact
time Of the act DONE which they aesupposed to
haracterile been we'll calculated to unfold the
and quantity the facts they were intended to explain
md 80 To- harmonic with them obviously 10 constitute
,u one Transaction. ID Conor Il. 20 page Gil % Kelly
10 Grccnleaf on Ey., 9Th ed, sec. l0si note z
Ia Carroll the State ID Hum 55 II was hed that de-
deceased made the day before his DEATH
"a A. tic object md purpose trip which he
ia take were admissible evidence because II legally
with tho main fact the trip and the opn
on OF the in the Of Kirby Vs. tho State, rs cited
md relied upon a sirens thenng this position.
In the C0rnwell the STATE Mart and Yer 49,
his Court at great mistake to suppcsthat tho
% the legal is in case OF murder tonhned 70 he
act Of rusng knife into the body and thereby depTiv
ne Of life The yes gse tho murder, aud The murder IL
made up 81 the homicide aRd the intent with which II
omifted actions therefore, which demonstrate
gro part Of the gee ge. ana words which are
, part Of these actions admiSfablc.
NOW the fact having established that Stnee yphcr and
;arler went 10 the field Francis ~ work, and
While stonscypher shot Francis It then becomes mate
a order determine the 10 aHt2 WITH which the no
done 90 ascertain the Intention object ana pur
s0uecypha and CARRIER gong 70 the bsd or III
earh Of the deceased this view Of the think
he proof Of Of the parties very Hh6Tt time be-
ore the killing while going IA The Director Of the place
occurred showing Why they Hss goinJ IN mat a.
what purpose they were seeking Tho degeassd
constitute part Of the T-' ga and Fre Improperly q
The sight ana given 70 such dearatious, H.
however for the consideration q the jury, together
With the other facts and cirCu instances In The case
Various other grounds Drsh assigned n
mont but being rejection Of She testimony be-
9re referred TO- which trial must be
0ue1 have not deemed uer@8hTy 70 pursue the ID
estigAtiOu further
gh2 judgment Of the Circuit Court will Be reversed, new
rial awarded md the rsHse remainder. ,,,..
tr.. CODY. jadi.
Test. g. T.. Fa,ifhss', Clerk