Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-02-21

THE trial of Graves and POstOn has
resulted in a verdict of guilty Of muir
der in the first degree, accompanied
with q recommendation for mercy.
Wisener, the other defendant, died
during the progress Of the lOng-pro-
tracted trial, previous TO which a mis-
trial had been entered as to him.
Upon what ground the jury based the
recommendation for mercy we are I'M
able to discover from the testimony in
the ease. We suppose it was the re-
suit Of tenderness Of feeling and an
unWillingness to be responsible for
any consequences not strictly involved
in their duty to declare the guilt or
innocence of the accused. There
were no mitigating circumstances in
the case, and il was therefore impOssi-
BILE that they should truthfulIy declare
any. The jury have done their duty
as conscientious and honest men, and
nothing but their duty. The case was.
a plain enc. Whoever was guilty Of
hanging the innocent boy SchO-
field, cruelty and in despite Of MS
touching appeals for mercy, was
guilty Of a murder whose atrOc-
ity could not be exceeded, and which
could have no attendant mitigating
circumstances whatever. They knew
his innocence Of the charge which was
trumped up against him, of stealing
two dollars and a half, before they
hanged him, and they knew as well
the falsehOOd Of the further charges,
that he had killed negroes and stolen
horses, and had threatened TO burn
the town Of Cuba. They had a mo
tive for their diab0lical act, which
must have been one of the strongest,
and which may never come to light.
1t may have been adesire to hush in
death the voice Of a dangerous wit
ness Of some previous crime. The
only question arising in the case was,
not whether the cold-blOOded hanging
Of young Sehoheld was murder, in all
concerned in the damnable tragedy,
but who were the individual perpe-
traitors. To this there was the direct
testimony Of Hines, an accomplice.
who was present, aiding and abetting.
and whose testimony was c0rrobora-
ted in every essential particular by
the other witnesses who testified in
the case. The testimony of Satter-
white, who ran w and partially wit
messed the crime, was also substan-
TALLY corrobOrated. And threats and
declarations on the part Of Graves
and Poston were proved on them,
which could leave no doubt Of
their completely in the con-
spiracy. The proof as a whole made
a moral demonstration against them
strong as proof from Holy Writ,
which left no reasonable probability
of their innocence whatsoever. II
they had not been present and the
perpetrators, it would be an extreme
Iy remarkable case that neither
Graves nor Post0n should be able to
show their whereabouts at the critical
moment. The abb was attempted,
and resulted in making their situation
worse, as is likely to be the case
where a presumption arises from a
to establish a fact which, under
the circumstances and with a con
course Of people gathered together,
would be so easily proved II it existed.
On the contrary, it was proved by
Millington, one Of the witnesses
brought by the defense to establish
the G1i5i, that he was called out from
his own parlor where he was prompts
ing a dance, by a negro man who said
he was wanted, F." and that he pro
cured another to prompt Tor him, and
at once went out, some twenty OK
thirty minutes before the hanging, at
the very time in nct that he Was
wanted, and in ample time for par
tieipatiOn in the crime. His where