Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-08-20
UNFeRrUNATE OCCURRENCE.
Man Shot at the Penitentiary by one
OF the Guards.
The Guard Makes His Escape.

A very unfortunate affair. Terminating
IN the deprivation of the life of human
being, occurred at the Penitensiary at an
early hour yesterday morning. The fatal
result grew out of circumstances and sur
roundings of singular and peculiar char
acser, which make it very lamentable in
deed. It will be remembered that some
time ago a difficulty occurred in Giles
county between Mr. Frank Hylinoer and
another party, in which Hylinger stabbed
his antagonist with knife, cutting him Sc
verely. though not dangerously. The party
soon recovered of his wounds and resumed
bis regular avocaiions. Hylinger was in
dicted on the charge cfmalicious stsbbinp.
and recently had his trial before the Cir.
cult Court of Giles county. The trial
created coed deal of interest, and the
prosecution and defense were ably and
vigorously conducted. 1t resulted in
conviction of the accused and sentence
OF two years in the State Pepitentiary. In
accordance with this verdict, Mr.. Parsons,
the Sheriff Of that county, accompanied
by young man as assistant, reached the
city Friday night with the prisoner
for the purpose of incarceratiDg him
in the prison. The stabbing it is
averred, occurred under very strong
provocation. At the time the sentence
was passed many of the first men in Giles
county signed petition to Gov Ssnter
for his pardon, we believe the jurymen
themselves who gave the verdict joined in
the petition. A number CT these friends
visited the Capitol yesterday morning with
view of having the pardon granted before
he should be incarcerated or be enrolled
on the felon's register. Hylinger came to
the city Practically with the sheriff and en-
joyed the liberties of the hotel, manifest
ing no disposition TO escape Very early
yesterday morning Sheriff Parsons, with
Hylinger and the young man IN his COM
pany, repaired to the Penitentiary. They
reached the building before six o'clock
and before the convicts had been
turned out of their cells. Mr.. Chum-
bley, the Warden, was not in
his Office at the time, though he was about
the building. Sheriff Parsons stated to the
guard a. the gate that, as they had to wait
few minutes for the Warden, and as the
young man with him had never seen con-
victs coming from their cells, he would like
to be permitted, with his prisoner and the
young man, to enter the Enclosure. This
was readily granted. About the time the
party entered the yard, Mr.. Ohumbley en-
tered his Office, and took seat beside
grated window overlooking the prison
yard, as is his custom of mornings during
the time the convicts are being turned from
their cells. After he had seated himself,
the guard at the gate told him a new con-
Wet had arrived, and pointed out Hylingsr
as the man. Mr.. Ohumbley called to him
and Hylinger came to the window, and the
two entered into conversation through the
CRATES of the window. MIR. Chumlsy asked
him the nature of his offense, and how
long the term Of the sentence was, he new
er having heard of the peculiar surround
iugs of the case. Hy!in9er used insulting
language, and Obumbley passed. Through the
gate into the inclosure, and going up to
him told him where he was and that he
must behave himself At this Hylinger
showed fight, and made demonstrations to
draw his coat Chumbley then gathered
him and ihrew him down for the purpose
Of securing him. Seeing the two tustling
on the ground, Mark L Phelps, one Of the
guards, rushed up and punched by
iineer with the point of his umbrella,
and commenced kicking him. Chum-
D10y OIu3Itu IL
continued the kicking, however. Chuul-
ley then arose 10 make him stop bis
blows. Hylingsr also immediately rose
to his feet. No sooner had ne risen than
Phelps drew his pistol and placing the
muzzle close to his head fred. The ball en-
tered near the center OF the forehead, just
below the lobe of the brain, ranging
through, and inf!ciiDg mortal wound.
ChQmbley ct once ordered that no one be
allowed to pass the gates While be and
the Sheriff and his companion were max
ing their exit, however, through the hos
pital, Phelps passed out through the
gate and made his escape, Meantime
Hylinger had fallen where he was shot.
DE- Atchison was quickly summoned but
nothing could be done. HyliDger was
conveyed to the prison hospital where he
was yesterday evening in dying condl-
ton, not particle of chance existing for
bis recovery.
Phelps had been q guard for twenty
years at the instit1,ion, ard his conduct Is
regarded as most upaccounfable. He lad
not been captured last night The Gov
ernor has offered reward If $3.50 for his
appreher sion. If captured, as he no doubt
will be, he will be turned over to the civil
authorities for trial. The Inspectors are
determined that the whole ma ter shall be
thoroughly investigated, and that full JUS
tice shall be melted out. The affair in all
its aspects is an exceedingly lamentable
one, and is deeply deplored by all.
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