Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1873-07-24
The Little Family Tragedy.

The case before the County Court of
Cyarke-Part,c@tars Of tile Indact-
n'ent-Jasdge Puge's Charge to the
Grand Jury.
Correspondence of the Richmond Dispatch.]
WINCHESTER July Is, 1873.
Yesterday, at Berryville, there were
number Of people in attendance upon
the July Quarterly term of the Coun-
ty Court of Clarke county, drawn to
yether by the expectation of possibly
witnessing the trial of the Littles; and
it was also the day appointed for the
election of delegates to the Richmond
Convention. However, the feature of
greatest interest to the public, as well as
to the people ofCiarke and the vicinity,
was the Indictment Of ENcargis and
Oscar Little for the murder of their
brother Clinton on the 5th instant,
There seemed to be every disposition.
manifested by those present to give the
prisoners a fair and impartial hearing
Time has already i'll a measure sottened
the harsh feelings, or ut least checked
their utterauces, which were at first ex-
pressed ON every hand
The facts heretofore published are
substantially correct; but aside from the
high crime which has been perpetrated
against society there is no one especial
ly interested in urging the prosecution,
the individuals most injured being
members of the same family; and the
father having expressed himself as de-
sirous that there should be no prosccu-
ton, and being credited with the re-
mark that Clinton was dead, and pun
ishing his brothers would not bring him
back. Yet, in looking over the very
long and remarkably well drawn indict-
ment framed by Carter Louthan, Esq,
the Attorney for the Comnonw ealth, in
which the various counts set forth the
offence in all the different shades in
which rumor had represented it as hav-
ing occurred, and evidently prepared to
meet whatever contingency might arise
in the progress of the trial, we were
convinced that the Commonwealth was
certainly awake to the interests repre-
scented, and would do its duty After
some preliminary business the grand
jury were called and the indictment Civ
en- them. The Hon. John l.. Page,
Judge, then said:
=" Gentlemen of the Grand jury
You have been brought here to-day at
the instance of the Attorney for the
Commonwealth, to examine testimony
and pass upon the facts which will be
brought before you, relating to the
shocking homicide committed few
days ago in our peaceful and well or
dered community. An Indictment will
be sent to you against the persons
charged with the offence, and it will he
your duty to find it a "true bill OF
':not true BILL" as the evidenc, be-
fore you shall justify. 1t is of course
not my province to anticipate the char
acter Of the evidence which will be sent
to YOU by the Attorney for the Com
monwealth, nor do know what the
evidence will be, but deem it my duty
to state, as general principle of crimi
nal law, applicable to all cases, that the
dying declarations Of 4 person fully con
scious of his condition have always
been received as evidence of tile high
est character, and that the admissions,
confessions, and declarations of the per
son charged with crime. if not induced
by thrt ats or promises, is always receiv-
ed and admitted as competent testimo
n.y.
After some few additional remarks,
the jury were sent to their council room,
and the witnesses called, sworn, and
sent to Them Columbus and Gilbert
Lit e, the two brothers who succeeded
i'll resisting the murderous attack of the
prisoners, Oscar and Lycurgus, have
left the State, and it was not possible
to get them here to testify. However,
there were number of witnesses who
gave evidence of facts sufficient to jus
tify the grand jury in pronomcing the
Indictment ga true bill, which Judgment
was satisfactory to all. The prisoners
were arraigned. the Indictment read
to them, and they entered plea of
mot guilty, exercising their right un-
der the statute which provides that one
indicted for capital offence may elect
TO be tried in the circuit. He accord
ingly made his election and the cause
was continued
There has been good deal of unfav
orable comment here OH an article
which appeared in the Enquirer, of
your city, criticising the dispatches
sent 10y gentleman here, who gave the
proper account of the tragedy. y.