The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1872-05-24
The 1lcN1Inn Murder.

CHARLESTON, Tenn, May ~, 1872.
Editor Athens PO-t-ln your paper OF May
3l notice an account Of 1.-THE McAlnn Nlur.
der" which account think casts some rcner-
tons on ". j. Foster, E'qr ~ well n myself. in
regard ~ the sad duties which we were called
upon 10 perform. IN the rase IN which Marion
Smith was arrested for the supposed murder Ol
Augustus England. All W. ;. Foster and lsk
of the people Is n thorough understanding Of
the position which we occupy, bound by oath
ns pence officers. Smith was Nrragncd for u
hclnOus crimc--a crime that would make the
most hardened villain Shuddcr. lie stood fair
IN the eyes of the people: he has respectable
wife and a little child, and for the sake of that
wife and child nlonc. II for nothing more, he
should have had II fair and impartial trial and
that trial think he had. There was no proof
10 show a prctcn>c to bind him to Court; no
evidence of the least cOnyicting character given
under Oath though ut the same time | admit
that the people ~ u minority believed him gull
IS rs charged, and with the rest, \, n private
Opinon-though my opinion. n wei n mat OF
the people, wa, not sustained with the evidence
under Onth that would be reasonably required
to bind man to Court And Will 30 still FUR
Their and shy, that there was 10 proof given I'M
der oath, Of n reasonable probability existing,
based uuon circumstances of pointed clnrnc-
ter, to .hOw that he was guilty n charged In the
warrant. The ease rs ! understand 1t stands
thus: Was the Judgment IN the case to be given
by H. according to law and evidence there gwen
In the ease, or was our Judgment 10 De gwen
strictly IN accordance with popular feeling Of
the people? If the former, ! nm satisfied we
were right: If the latter, Wc were wrong.
The Posi- in speaking Of the jurisdiction Of
the cpsc. implies that Polk county had no nu-
thority in the premises. Not wishing 10 rob
our sister county Of any Of the honor ihrr" i
IN tryi . her criminals, or mcddling with right,
belonging to her. | will merely add that |
would have thankfully given up the wholeclsr
to her. there to be tried aud dealt with in her
wisdom: but do not wish to be understood
thut think Polk county hrd no jurisdiction Of
the ease. Il, am well satisfied that ,he had the
same jurisdiction n would McMinn county
have had the crime being committed where 1t
was. will here correct IN error Of the Posi-
Marion smith was not found IN MeMnn coun-
": neither wa, he arrested there. To the con-
tIwry, he was arrested in my yard and by my or
der; and the murder was not committed in the
18th district, but in the 18th district of Me-
Mimi and ". ), Foster and myself, mingling
freely with the people, hearing all the reports
and su>plcion>, the opinions of III" vast con-
course Of our best ncighbOr> and citizens, and
all these reports, and suspicious ccntrlin" upon
Marion Smith Us the author of this foul deed.
am happy to sny that we did, without PARTIAL
" or prejudice, dispose Of thc ease strictly IN
nc ordnance with the law and evidence, n we 50
understood It: AMI not according to our private
opinion. or the opinion Of the pcoplc--thOugh
mt the same time, ~ said before. | believed
him guilty then. rs well n now. And for iu,-
ticc to the murdered stranger. | am sorry that
the evidence was Of such II character that we
were in duty bound to release him from cu'-
tOdy.
| | will close this communication hv saying.
that if Foster and | have violated the law in
our ignorance in thi. ease, we can with plea
sure look back to one tribute paid the dead
stranger in having him taken up and put in It
coffin. which should balance in our tayor at
least that much, and allny plrt .. the ill-iccl-
| ing some OF eur ncighbors have against Us.
| Very Respectfully, W. X. CARVER
The jury Of inquest was held hy'Squirc Carr.
the following named pcrNQRs composing it; W.
G. Crawford. +. NJ. Lu,k. r. VI. Swahor, j. l..
Lemon. u. Bowrrman. J. West, W. n. IIoge.
VcrIct-Dcnth caused by blows upon the head
and cuts across the throat.
state Of Tennessee. McMnn comfy, April
! sd, IS12.--An inquest being held over Gus.
ENGLAND. who was found dead in the Eth civil
district Of said county, til" lury> verdict i two
blows on the head and cuts across the throat.
lie was lying ~ steps from tn" public road.
| Marion Smith was arrested under suspicion.
They tried him in Polk county the crime was
committed in MrMiu. | held hrinIucNt over
the dead man. hay" his trunk in nay posses