The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-30
THE BERRY MURDER TRIAL.
He IS FOUND GUILTY OF
MURDER IN THE FIRST
DECREE.
ne RECEIVES TIE DEATLrSEN-
TENCE TO EXPTATE HIS
CRIME JANU1RY 10Th, 1878.
HE APPEALS TO TIE SUPREME
F COURT.

| hawkins county was tried before
jury of our county for killing his
wife, Allie Berry. October II, 1872
The evidence was circumstantial, bui
so strong. a jury OF twelve men, as
! good and responsible as live in the
State, found him guilty of murder in
the first degree. He was sentenced
to be hanged Friday 29th Of Jan.
nary. 1875. The case was appealed
4 to the Supreme Court. Tie, details
of the tragedy brought out on the
trial we're terrible, and we learn that
the depth of rascality and human
depravity manifested on the part OF
Berry and his daughters are too
awful for a respectable newspaper.
The defense Of Berry was ably con-
Quoted by Capt. kirkpatrick of
Jonesboro'. Gen. Fulkerson's clos
ing argument on behalf of the State
was specially earnest and effective.
O. JOSEPH JENKINS, ESQ., -.l
in an unhesisating and pointed manner
testified as follows: 12tt"- -a
7 live in Hawkins county; I know the
defendant; knew Allie Berry. On the
11th3of October 1872. Allie Berry was
missing. Defendant and his wife occa-
sionally had difficulties. I knew no
more of the case until the 2Stl or goth
e N w
sent from Hamblcn county and arrested
him, Mary, Sarah and Matilda Berry
and turned them over TO me. On the
3fsf took them to where the body lay
and held an inquest. The. body was
buried on a hillside where a tree had
been turned up-was covered with dirt
and rocks and looked dark, andIn a Pu-
tFefiedr state. It was nakediya string
around the neck and one around one
foot; skull was kroken in; heavy dent.
The body was found in the 14th district,
Hawkins county: SO or 90 yards from
Berry's house; an attempt was made to,
bury her in three places; 80 yards, from
the house was place where 1T looked
like the body had lain one night; 30 or
40 yards from this was another hole with
the apDearance of body being dragged
from first place to second place; this was.
about 60 Yards from the house; the third
place from there was about SO yards-S0
wards from the house; something like an
Overcoat was thrown over the body IN
the hole, and n large rock upon it, 1t was
the identical body of Mrs Berryi the
hole was dug with a mattock; mattock
found at the spring-30 yards above the
body; had a gap which corresponded
with size of mattock; saw Berry wear an
old overcoat: Berry said, Elf that is my
wife, want her buried right" Joshua
Berry said. 'tyou ought to have buried
her right, when you killed her"-tO
which William Berry made no reply.
Cross examined.-I didn't know Allie |
was missing, of nv own knowledge, on
the 10th and 11th; i passed Berry's house !
on the Sth or 9th, and stopped and talk
ed with Berry; Berry lived 400 yards |
from Thomas BerrY's; l was there no |
more till the 31st of October, 1874; saw |
Berry's wagon going on--was moving
family with him; Henderson with him;
Mrs. Berry's hair was rather dark; she !
had a tooth out; l had noticed before !
that she had an upper tooth out; her |
face was not swollen; l did not notice !
her hair particular; the flesh turned |
black, when exposed to the light and |
air; the body lay sidewise, doubled mp; |
a rock, 81 feet, covered the whole body; |
was a surface rock; l examined the gap |
in the mattOck and the marks in the pit !
they were similar-JOshua Berry Is a /
cousin to the defendant; found some |
thing like blood in the first pit; this |
caused considerable excitement; Joshua |
Berry was excited; no threats of VIC
Ience, direct or indirect-no putting in
THOMAS BERRY
testified that in October, 1872, he was
living in Hawkins county, in 200 yards
IF VIM N Berry; was somewhat ac
Juainted with Allie Berry; they lived on
my land; last time | saw her alive was
10th of October; she was in good health;
was working with corn; defendant was
with her; the next morning got up
early; heard a mighty hallOoing mp at
house; it ceased in a little
pit; thought it was Allies voice; was
screams of one in distress; never saw
Allie alive after that; never asked de-
iendant where his wife was; he antici
1ated moving off; gathered his corn, sold
Iff his things, etc. d; talked about moving
Ill along in the season; I saw defendant
md his family moving by my house; L
lid not see his wife; did not hear him
making any enquiries about his wife af- !,
er the 10th Of October; they lived in
hear the disturbance
lmong. them myself, though notdistinct-
y;about three weeks after ! heard the
hove, my son and the defendant were
n the field; myself and son made some
earch for Mrs. Berry; there was a knob
lear. and we looked in that piece of
woods; son began raking the leaves;9 i
vent where he was; found fresh digging l.
With a mattOcl; Henderson and son
we're close; l went to look for Them; Nc
'hersOn was also near blowing; he was
allied we looked, and found nothing; II
lade further search; several together at +
his time; considerable sign there; took
IF leaves and scratched down where we
imposed her,head was; came to her face Z
nd breast; found dead body; put few T
Ocks back, and sent for the Coroner;
-as present when the body was taken
p; a tree had. been turned MP; the body
ut in there and cTammed in, and an old
yercoat thrown over the body; it was
akcd and doubled up; covered over l.,
18th earth and rocks very neatly: it was (
lie Berry's body, is my Judgment; /
as not swollen much; her skull appear !
/ to be broken; saw the doctor press it
i. the first pit was 20 feet from the | I
Olse; appearance of another pit; saw {
8 trace from one pit to another; Mrs. /
cry seemed to Nave but few teeth; +
he had one under tooth which lent; saw
me marks on dead body; there was /
arks of mattock; signs that the mat
eek had been battered on the rocks; j
} had my mattock borrowed, but t
mt it home before he moved off; did t
)t know the oYercoat; never saw the I
wearing such coat; don't think Y
: had any such coat.
Cross examined. Mrs Berry's hair a
as brown-would be called dark-she '
ould get mad and leave home and be I
me sometime; his preparation to leave t
rs generally known; Tonnlie Berry 4
id Walker went to defendants house Il
ter corn the morning of the nth; was
til. &
CLEON BERRY ~
rs called TO the chair, and gave his tes-
nony as follows:-I am the son of Ii
lomas Berry, Sr.; did not see Allie ~