The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-01
AM IS jUGl TRAGEDY.
A Mrrier COMMITTEE q" ossooef Ao~Iho
Assasssin Arrested, EO. ''a ~1.ia1 ah" sem
te.ien6 10 n. rg,,,,. No.. pber IL.


te'leod 10 be uuae Dscea 'Dor = -.
[gron the Butler ono, X, cord, Der. Rs
oc one ~ ,n on cst melancholy u, took place on
Uuter.
Iheophlus r. frce1an, the prisone. ~ a iDou
thSty years Of age came tf the county ONE three
yeai ago ana has oeen engaged as iapoIel ,eavtnS
lhree cdren the Oldest seyeV years OF age a. y IN,
yDungest about three. Since Ale departure .. rns
VIE ne has been quite iamliisa' VISA ars. JahMs
Westbrook, The wne or the Qea eased, anu ~ :.
exfstiu. between the per.tea In any event,
Mr. westorooe ehe deceasedi on last Saturday.
going nome rather earlier tlYn usuA, Iound iies.
man there and at once ordereh HIM o.E the premises
He ttfeemanl came TO town aGd prooA fed u snosr
gun, aud about dusk returned to ths, resllehce oi
Wcstbrook renarkng TO two OF three a deren' par
ties before lie left town that ne was gOlA 10 huVo
sIootag matcn OF his ownr--that .sle as gong
10 XII somebodyor words Implying thes n mc ms
wen. secrettng himself IN the bushes neal wca.
brooks house rs awaited an opportunity tg cate
vlououess cteaeed by freenaW went on I'm
ascertain the cause. supposng cauie wsN ate
he received tae shot Of Freeman, who parsA ny
ma anOut twenty fees from aim. lie leceivedA ~ ~
walked part OF the way 20 tie house and fell, "A
was partially carredby his wae aud children tc-hA
us g repos, o. me ana ,ae cries Of s
who hastened TO y estbrook's house. Doctor Pyi,s-
Was az once summoned, anu nj the request OF We5ss
Drook, who said tnat he recognized the who
saot pm as Freeman, posse turned out TO hud che
murderer
About nine O'Clock Freeman, armed with q double
barreiled shotgun, arrested coming IN ut tho
back way to his usual place or residence, by l.. d.
Coadee. Westorook died Of his woun1s the
next morning, stating IN his dying declaratioa that
Freeman had shot hlul.
Circuit Court convening Monday, special grand
jury was summoned ana once found iEiiot-
ment against Freeman ana, at Ills own request. The
trial commenced on Wednesday Z. II. Holccmb,
Acting Circuit Attorney assisted by William Page
ana 4. !. holcomb, conducted the prosecution. Tne
prisoner was defended oy Colonel j. d. Hines andlL.'
o. Condee
After The jury were empanneled the prisoner vas
given unt tne following morning TO prepare Its
case and after the evidence was ali IN he WIS
granted half day TO nie motion for a trial ard
In arrest OF judgment. The closed about
noon on Friday, and The Jury, after an absence Of
ABOUT twenty mlnues, returned verdict or
GUILTY
cf murder in the first degree on Saturday the prL
soner was brought INTO court b the Sheriff. and for
a lew minutes was in close consultation with his
attorneys, after which the Judge informed him that
lie had been found guilty Of murder DY jury of his
countrymen, auj asked INN II he had anyIlIng to
say-any reason why sentence should not he passed
upon him-to when the prisoner answered in low.
broken voice.
''rye not much to say. Suppose, If / am to ba
hung VIII be hung Innocent There Is a sort OF
lutte children that I'd like to have raised.
Nothing more at present.
Judge TowAsley pronounced the sentence in very
impressive manner causing every present to feel
the solemnity OF tue OCCASION
slSrsECE
Theophilus X. Freeman yoa have been tried aud
convcted or the crime OF murder lC Is now my
solemn duty to pass tue sentence or the law upon
aou rhi e%Nsei4e, ~ ~ 49, oA.bS INV
law permits that you may be prepared for futuiity.
therefore the sentence o. the Court that be
taken by the oheril 90 the jail Of the county, there
held III confinement until The "a dal OF december,
A. D. 1902, aud on that day you be taken b. the
sheriff, and either In ths jail or lai yard hanged
by the neck until you be dead, anu this is tue SEN
fence OF the Court.
Notwithstanding the court room was very much
crowded, While the sentence was being pronounced
O aeath-Ke Stiffness prevailed, which not broken
until the prisoner wa returned 10 jail IN charge OF
Deputy SECrlus MchibUen ana Robinson. he aaems
TO regald the nas er v N the utmost indifference as
IL was Impossible 10 notice ~ his depOrJment that
he was soon 10 pass through SO terrible an ordeal.