The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-02
THE DEATH PENALTY.

equal even in the Burdeu trial followed. The evil
dence was entirely circumstantial but at nearly |
half-past two r. NJ. Thomas Dula suffered the death
penalty, for the murder OF Laura Foster, in the |
presence OF nearly three thousand persons OF his |
own race and color.
On the 2sth Of May, 1866, foul, inhuman murder |
was committed In the western portion of wilkes /
county, in this State, the victim being Laura Foster,
beautiful, but frail GIRL who was decoyed from her
fathers house In Caldwell county to q place In |
Wilkes known as the Bates Place. and here brutally
murdered. The body was then removed about half |
mile from the scene OF the murder, and was placed
in grave already prepared for 1t. Late In August
Of the same year the body discovered In a state
Of such decomposition that 1t was dicut to identify
II. There was deep gnash in the left breast just
above the heart; the wound had evidently been in
ncted with large knife or dagger causing death |
nstantaneously. 1t was also believed that the MUIR
dered woman was e1aceinte.
The disappearance Of Laura excited no alarm for |
several days. as 1t was supposed she had gone or to
get married or to visit acquaintances In Watau-
ga county, but at length the opinion became general
that she had been fOully dealt with, and general
search was instituted without at the time.
The community in the vicinity of this tragedy is
divided into two entirely separate and distinct
classes The one occupying the fertile lands adjacent
to the Yadkin river and Its tributaries is educated
and ridges of the mountains, Is ignorant poor and
depraved. state OF morality unexampled in the
history OF any country exists among these people,
and such general system OF free-l0veism prevails
that Ia "a wise child that knows its fathern This Is
the Bates race, where tne BODY was discovered 10y
are living in the manner described. 1t is a poor
country, covered with thickets and dense under
growth, and an attempt had been made to conceal
the blood by covering IT with bushes.
Soon suspicion attached to Thomas Dula; re-
turned Confederate soldier, and one Pauline Foster,
an egtimate cousin OF the deceased and, like her,
also frail as the guilty parties. Pauline was then
servant 70 MIS-, MELON ana between ner anu qua
was the case between the deceased ana QUA.
and hence suspicion more particularly to the cuprit
because Pauline mad myster0usly disappeared LOT
time after the murder Her character was the most
abandoned of ALL and under the influence OF brandy
killed Laura' but, apparently recOlecting herself,
would make no further revelations day subse-
Mellon confirmed the above statement aud she was
arrested and confined In the jail of Wilkes county
Here she made confession recrminating Mrs.
Mellon who, she alleged, was jealous of Laura, and
she guided party TO the place where the body was
discovered
Meantime, Dula had fed the country, but was
pursued and arrested in Tennessee, where he
was found under an an assumed name. He was
then lodged in Jail upon the evidence Of Pauline. as
was also Mrs. Mellon as accessory before the fact
True bills were found against both by the Grand Jury
of wilkes, but upon afidavit OF the prisoners the
trial was removed to Iredel county.
The most intense interest was manifested In this
trial. which lasted several days, by the people here
people on the Bates Place were examined, and the
most extraordinary revelations of depraved morality
were developed. Wilson Foster, the father OF the
deceased testified that when he arose on the morn
ing of Lauras disappearance his horse was also
Place; that he knew the track by a Pc
culiarity in OF the hOOfs. He never
his daughter alive again, but he saw and recog
nized her body; knew Dula had been in the habit Of
visiting his daughter, and had seen them IN bed
together and that they had two private CONVERSE
tions on the Monday and Wednesday respectively
on the morning of the murder travelling by different
routes from the direction Of her home to the Bates
Place. with view, as was supposed to marry Dua;
that Dula had borrowed mattock, the Implement
with winch the grave was aug, tne Gay previous,
and that he had been heard to that he contracted
disease from the murdered girl for which he would
| changed his name, and when being brought back
from tennessee attempted 70 escape.
This comprised the essential testimony ana me
| witnesses generally appeared impressed win the
idea that Dula was guilty though some among them
appeared anxious TO eject ms acquta through lear
OF some OF ms reckless associates Ia the mountains.
Another TACT attempted 10 De proved was tnat the
disease contracted Dy Duia from tne murdered wO-
forced him to the commission of the crime on that
account. An appeal was srahtea rom ,he nIst
triaI, ana SECOND one ham wmen tne same
Witnesses were examined, the sanc 'esIhohy
elected and tne same stare OF eActeinent ex,
isted Governor vance ana nis assistant coails s
1or the defence maue powerlui forensic cnor.s
when were considerea moues Oh aDiiy, ., pu.
sucn was nne eviuehce .nae no otier 'eroce 'hah
uiat vi gun, ovuIu w . ~ ,x. .u,o, .,,.,.
Mrs. Ann MELON mas no, ye, peen trlea, .n9ugh
she was present AZ po., VI pua u,s anu, mt mn,
heard MS sentence wlanou eAp , aay visible
| emotion. she Is apparently about wehly-nve years
OF age, IS tne iegltihale uaugn.er Oh one Oiiioea
Foster, anu II most Deautnui woman ohe - en- s
trey uneducated, ana thougn living III tle niast oi
depravity ana ignorance mas the manners ana pear,
| Ing OF an accomplished lady, ana all tDe natural
powers that SHOULD grace nigh BORN beauty. ms
may III part account ior the great unuence sue oo-
tanned over qua, WIN n WHO'LL OH se , ia
connected, ana also ior te lact Ihat ne peisis'enty
| denies all knowledge or ana participation III the
| murder. .,..,-..., ,...,
Pauline Foster the principal witness against both
the accused, ~ remarkable Tor notnng put deDase-
ment, and may DC DISMISSED win lhe statement tnat
! she has since married white man ana gwen p'rth
| to q negro clilh ,
1 Thomas QUA, inc condemned man, IS ABOUT
twenty-five ears olu, I'VE leet eleven ihcnes lien
some, might be called goodlooking. He fought gal
antly IN the Confederate service where ne es.ao