The New York herald., 1869-01-05

tary-clv points tnat tine ingenious COun6e I0r the
defence mainly relied TO procure the release OF their
dictment was made and assigned therefor the follow.
jury drawn from the registered Of the county
but from list OF the good and lawful men OF the
was Mt fonnd by grand S Jury drawn nom @ the list
Of citizens assessed for taxes who had PAID taxes Tor
the current year, ~
military orders OF the s0th Of May 1861 and the 18th
September same year, aud the jury drawn was not
ouash was. however overruied. and the prisoner ex
cepted. Especial venire OF fifty good and lawful
men were ordered TO be summoned TO try the case.
The Sheriff returned twenty-five whites and twenty
i've blacks as jurors. The prisoner challenged one
Campbell a colored juror rendered him, on
a easa 9f asaenss NJ e0loesa MEAN
After verdict OF guilty aud sentence had been pro.
nounced there was rule for . new trial which was
Court affirmed the decision OF the court below,
and the fan term OF the Superior Court the prs-
1862 was appointed for his execution Too much
credit cannot be given to Mr.. Fred Phillips,
the prisoners counsel, Tor the management Of this
the condemned for an entire year. sI
DERNIER RESsORT ~
The excitement Of the murder being alayed q
portion Of the citizens Of the county signed petit
tton to his Excellency Governor Holden to COM
mute the s sentences q the condemned 70 mp.s
following letter. which arrived yesterday evening"
STATE OF NORTH CARoLINA,s
AAsoITIsa RoITIsa, BssAssnss1 B:s. H. isss
sRI have received petition from Of the citizens Of
county .ssns me 70 commute the ssntsnce Of
on friday lie st day January ana % %
cued seems to be Of murder and has been
sas ss
save ''e n0of ae''1 WV HoIShs
THE CONDEMNED .fNU
hwfr Ia<kr Axo
which somewhat resembled that Of an Indian. He
II the strength and acyy an atnste and
ais desperate character had always been object Of
terror TO those by whom he was surrounded. There
was In his eye an undefnable expression that re-
minded one of the treachery and deviltry of an
Indian or the lurking ASSASSIN. Though associated
with all that was low and horrible his entire life and
since his majority desperate criminal. Gus Holmes
was the iegtimae offspring Of one Of the wealthiest
and most respected men in the state, whose family
telligence. His mother was a free woman Of bright
mulattO complexion who has been long since dead.
whom he was unable to discover. but one he sup
posed was living at Raleigh, who could not be in
to his execution. Some property that he possessed
he disposed Of by will--leavng it to his counsel.
Though the condemned had lingering hopes OF a
Communication OF punishment and he was as yet but
poorly prepared to face his Maker, he received the
final news that consigned him to an gnomnious
doom with comparative composure and made the
following remarkable confession and startling
Of eventful and i-spent life in the presence Of
your correspondent
Twas bound when a boy to Alsey Beavers, in
Raleigh. After got grown was accused Of the
crime OF duckng man In q barrel OF water, put In
jail, was tried and was acquitted. ! swore that
would kill him for having me put in jail, and at
tempted to do SO. was again arrested by force OF
fifteen or twenty men, imprisoned, examined tried
and found guilty. Afterwards was sold for prison
charges and Geo. T. Cooke OF Raleigh, bought me for
two years for seventy-five dollars ran away from
him and went 10 Nash county TO work in turpentine
was caught and put back m iail Cooke came and
took me out and stayed my time out with him.
did very wen at my work until October 1862, when
took to drinking again. !, With Aleck Roberts, a
oone-eyed coored man, who y now, believe, on the
not recolect, all In the employment OF the Confede-
rate government, entered the grogshop Of Alsey
Beaver in the Nighttime and stole from him one
barrel OF whskey. During the same night we went
to Albert JOhns0n's, who lived near by broke into
mis- smokehonse @ %, % and took all his meat We then
wagon load of preserves, candles, soap and other
articles was arrested on suspicion, confessed the
days and, having cut through the rock
walling OF the jail with o sabre blade
started to Washington. in Beaufort county, then
occupied by the federal forces. was pursued, and
In Nash county party OF twenty-six men with
pack OF hounds overlook me. We had running
hgnt OF two and half or three hours duration.
One man holIered out to me If my name was not
told surrender, but would not do it ana con-
tinued fighting until my way was clear. ] then
thought II was best for me TO surrender myself
which did to justice OF the peace. was put in
jail and remained six weeks | took the window
SILL and. breaking the iron bar at the top of the win
dow, made my escape / started for Washington
again. but was taken up at Sparta eight miles below
TarbOr0 and put In the Tarb0ro JAIL together with
my wife, Adeine Holmes. Having proved myself q
free man came out, and David Pender paid my jail
fees and worked with him and other Confederate
officers till the close Of the war. My wife having died
then became one OF party to rob and plunder the
railroad and express oice OF this town. This party
consisted Of John Morgan. John stevens, John Dancy
and Hardy Lloyd. They had robbed the warehouse
and taken whiskey and provisions the Sunday night
before the safe was taken. John Stevens asked me
TO Join them In getting the iron safe and said that
Hardy Loyd who was y railroad hand and stayed at
the Office, said that he would fix it Hardy Lloyd
SAID they carried the money on every Friday and
there were bundles as large as his arm. told him
l would be on hand. They did not let me know the
that got it. think they got the safe. was after
wards attacked BY Hardy Lloyd, John Dancy and
san q e Tar river ndnS Win S,
vision was not entitled to. This happened IN the
presence OF Nixon, foreman blacksmith. ] had
the money, though / was one OF the original
party TO take It. lido not believe that Mathew King
while was drunk and while was friendly with
him did not know that had killed MIN until next
morning. when attempted TO escape to the woods.
me: but have led such bad life that often won-
der why have been allowed to live 10 long.
THE LAST NIGHT
Of the condemned was passed restlessly ana Sleep
lessly Az he lay upon the hard floor Of his gloomy
dungeon he turned over and rocked to and fro, the
heavy irons by which he was fastened TO the floor
arrng harshy on the ear as they were disturbed by
his frequent movements. light was allowed
by the Sheriff and rather indIscreetly, too, sup
ply Of liquor, OF which the doomed man frequently
imbibed, but without II seeming to have any percep-
tibe effect upon him. At his earnest request q
white convict named Wells was allowed to remain
In the cell with him the entire night for companion
SHIP and as. this person Is also murderer quite a
tree Intercourse took place between them. They
were kindred souls, and no doubt felt sympathy
for each other that would be foreign TO any one not
placed int similar circumstances. Holmes spoke
He prayed incessanty, and. Wells states had the
strongest hopes 0f salyatiop-haying previously
baced the Catholic religion upon the occasion OF the
visit TO him OF abshop OF that denomination. In this
wav the long weary hours wore away until day broke
upon the new year and the last day OF his earthly
existence. The morning was passed chiefly prayer
with coiored members OF his church who were adj
mted TO see the condemned, and he earnestly joined
than hpfh in al md avtn lut N