Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-14

| verdict. After the most anxious scrutiny
we have been unable to discover any
reason, for supposing, that this proof
made the guilt of the prisoner more GER
tain, than it was without the proof. In
this REV, therefore, as theprcof was COM
petent and not objected to, we see no er-
ror in the refusal of the court below to
grant new trial, nor do we see in it any
ground on which we can set aside the
verdict.
The only remaining question is,
whether the verdict of the jury is sus-
tanned by the proof. 1t appearing by the
testimony of G. Berry, q Jail guard, that
the prisoner had been convicted of steal
ing watches, from the jewelry store of
the deceased, and had been sentenced to
be confined in the prison at Chattanooga
for twenty days. After he had been in
prison several days he told one of the
guards several times, that two of Deutch's
watches were hid near Birds Mill, and if
they would go with him, he would show
where they were. Witness told Deutch
of this two or three times, and advised
him TO go and get them. Henry Deutch,
brother of the deceased, proved, that his
brother and himself were informed, on
some two or three occasions, by one of
the jail guard, that the prisoner stated,
that two of the stolen watches were hid
near Birds Mill, five or six miles from
Chattanooga, and if witness or his
brother would go with him, he would
show where they were. On the 9TH Of
November, 1867, deceased told witness,
he would go. This was when prisoners
term of Imprisonment lacked eight days
of being out. Deceased got a pair of
gloves and comfort, and witness coat TO
wear as an oVercoat and navy revolver,
and started, saying he would be back by
o'clock.s All the chambers of the pistol
were loaded. Witness exhibited before the
jury the gloves, comfort and coat of wit
ness "a black one with velvet collar, and
a pair of pants, boots, coat and hat,
which be stated the deceased had on
when he left that morning; also the pis-
t)L The next morning witness went in
search of his brother, and found him
dead about five miles from Chattanooga,
lying hear the road, with two or three
wounds on his head, his skull broken in
the back of his head, and that he had
been stripped of both coats, his pants,
and boots. A stick or wagon STANDARD
was lying near with blood on the larger
end. He saw the defendant when he
was brought into Chattanooga, four or
five days after the killing, and he had on
the pants, boots, coat and hat which de-
ceased wore away. The deceased was
killed in the 9TH civil district of Hamil-
ton county. Witness stated, that after
prisoner had been tried before and con-
victed and sentence pronounced, witness
went TO the jail. He wanted to know
of the prisoner how his brother died;
whether he died quick or whether he
struggled; and the prisoner told witness,
that his brother was going before and be
was behind, and his brother was whistling
q tune, when he first struck the deceased
on the side of the head, and the deceased
then turned 10 draw his pistol, and the
prisoner then struck him again On the
back of the head, and he fell dead on bis
face. The prisoner then said, he killed
the deceased because ne had sworn lie
against him about the watches. No in
ducemen,s or threats of any kind were
used, or offered to the prisoner, to induce
the statements. Witness Just told him
he was not armed, or gong to do any
thing to him. lie only wanted to know,
how his brother died. Majors the iailor
and several others were present, when he
and the prisoner had this conversation.
He does not rec 1llect the names of any Of
the Others, who were present, but per-
son named Avery. Don't know where
Avery is. Majors is here witness fOHthe
State, under the rule. VIM. Rogers thought
the wagon standard shown to him was
made by himself-it was of white oak
and deadly weapOn-he missed one Of
the standards out of his wagon, which
stood on the road side near his house
about q mile from where Deutch was
killed.
J. d. BlsckfOrd testies, That he found
the body of the deceased on the morning
of the 9th of November, 1867, in the 9th
civil district of Hamilton county, about
fiVea liles from Chattanooga stripped OF
all clothing except his shirt, vest slips
and socks. His skull was broken towards
the back of his head. There was the ap-
pearance of tho body having been dragged
some eight or ten feet into the bushes on
its face. The stick or standard shown
witness was lying near the body and had
blood on it.
John Majors the jailor does not re-
member such conversation as that stated
by witness DeutCh, as having taken place
in his presence. He might have Temem-
bered it and he might not His recollec-
ton is as good as that of common men.
J. NJ. Conner lives about five miles from
Chattanooga, and in about a mile of Birds
mill. On the day before he heard that
Deutch was killed, ont 10 O'Clock.
Dsutch and the prisoner stopped at the
gate and inquired the way to Lovingoods.
Witness showed him, and Deutch said to
the prisoner: | knew it was not that
way, pointing across the bottoms, in an
other direction. Deutch said to the pris-
Oner, come, let's go, and started, and the
prisoner started. Deutch went before and
prisoner behind, some three or four steps
apart. Prisoner had a stick in his
hands, which looked ike a wagon
standard and looked like the one exhibit
ed to witness. Lucinda Low, colored,
testifes, that on the day before she heard
of the killing of Deutch, she met prisoner
in the xoad, about a mile from LoVin-
goOds-shG did not know him-but thinks
the prisoner is the same one. He had on
dark cOlored coat, like the one exhibited
to her with the velvet collar. He had
pair of black pants on his arm, and pair
of boots in bis hand. He had on very
dirty shirt and an old pair Of shoes.
A. B. Conner, testifies, that as sheriff
he went to hunt the prisoner, on the
second day after Deutch was killed. He
came in view OF cabin door, and saw
the prisoner come out of the door-he
knew him and he started to run to
thicket. He saw the prisoner plain, and
he had on the hat, coat and pants of the
deceased. He had seen the deceased
wear them and recognized them. When
the prisoner was captured, few days
afterwards, he had on the hat, coat, pants
and boots of Dsutch. The place, where
he saw the prisoner run from, was about
ten aud half miles from where deceased
was found and was in the edge of Georgia.
Soon after the prisoner was arrested, he
told witness he had killed Deutch, and that
he did it to get his clothes and get away.
Upon this evidence, With or without the
confessions Of the prisoner made TO Hen
~ Deuich, Immediately after his first trial,
his guilt is placed beyond any reasonable
doubt. No hypothesis can be made con-
sistent with his innocence. The proof
disclOses a deliberate scheme to induce the
deceased to 60 with him in search of the
watch, and, as the sequel shows, for the
purpose of taking his life. 1t shows de-
liberate and premeditatcd preparation for
the deed, in securing the wagon STANDARD
shown TO be a deadly weapon, as he pass
ed along the road. His felonious intent
was freely ayowed 10 the sheriff. He was
met immediately after the murder on the
same day, aud near the place, with the
coats, pants, hat and boots of the dccsas
ed. He was seen soon afterwards by the