Knoxville Whig and chronicle. [volume] (Knoxville, Tenn.) 1875-1882, 1875-07-07
THEFATE OFAMURDERER
John Webb Sentenced to Be Hanged.
The Execution to Take Place Friday,
18th of August.

In the month Of March, 1874, the
people Of this county experienced a
thrill of horror over the details OF a
terrible tragedy enacted in quiet
neighborhood on Beever Creek. NJ:
Richard Reynolds, peacesble farmer,
was murdered in the foulest aud most
cowardly manner, and his wife Mrs.
Reynolds outraged 10y the brutal muir
derers of her husband. The first thrill
Of excitement had not subsidized, when
suspicion rested upon John Webb and
David Duncan as the perpetrators OF
the bloody and horrible acts, and the
officers uf the law were upon their
tracks. A posse OF men, 1t will be re-
memOered by the readers of the
CHRONICLE, pursued these men to
their haunts in the mountains of An
derson county, and one night sur~
rounded Duncan's house, where, after
an exciting skirmish ensued, he
escaped.
Gov. Brown afterwards offered re-
ward of five hundred dollars for the
apprehension of these men. This re-
ward was offered Oh the l2.h day Of
March, 1874, aud on the l4th day of
the same month, the body of Duncan
was brought 10 Knoxville from near
Coal Greek, corpse. The circum-
stances under which he was killed are
also familiar TO those of our readers
who read the CHRONICLE at that
time.
Webb eluded the officers of the law,
and all others who We're aiding in his
arrest, until the 18th day of March,
when he was arrested by Mr.. William
Lewis, Of this county, who found him
concealed in cellar at Careyville. He
was brought to Knoxville on the 10Th,
and the next day "A preliminary invest
igation was held before Justice Ochs,
OF this city, who, upon application OF
the defendant, continued his case until
the next Ionday, when he appeared,
waived his examination and was COM
mitted to Jail.
At the next term OF the Criminal
/ Court for Knox county true bill OF
/ indictment was found against him.
He then made application to the Court
| for change of venue in the case,
making the usual affidavit that he
could not get justice in KNOX county,
owing to prejudice against him. His
application was granted, and tue venue
changed to Anderson county.
In March last he was tried in the
Circuit Court Of that county before
Judge Young, found guilty aud sen
fenced to be hanged. From the yer
dict of the jury and the decision of
Judge Young. he appealed to the Su
preme Court, ard was soon after re-
moved to til, "'unty Jail OF Knox
county where uas remained.
II T. e rial 81 the case before the
>aFirro- Cour he being unabl- /,
employ counsel Hon. J. NJ. Thorn.
bufEh, Col. + \. Reeve and Thos
A. h. Nelson, + a., were assigned tt
his defense. { Reeve filed "a brie
in the case, al. Col Thornburgh and
| Mr.. Nelson mat- arguments before the
Court Al tia legal skill and acumeu
could suggest Was done for him. He
was prosecuted by the Attorney Gen
eral Tor the State, Mr.. Heiskell as
sisted 10y Capt. George Wasl layton
! The proof was 50 clear aud positive
that but little ground was left for any
defense, aud Is, a mater of course the
decision of the Court below wat
affirmed.
The opinion of the Court was de
livered by Judge Turney, and is a
follows:
The law requires grand juries to ht
composed of good aud lawful men
This is directory TO the authOritie
having the appointment and organiZa
ton of grand juries. All persons in
dicted or presented for violation of o.
offense against the laws OF the Stat,
may take advantage of the omission D
the appointing power to compose III,
jury of the kind of men designated
But as the law presumes all men to b,
good and lawful, the objection must b.
taken by plea of the party proposing
to rebut the presumption.
The objection that the record shows
1.-THE Court appointed the grand jury,
is based upon detached sentence of al
entry upon the minutes of the Court
which recites, 1.-THE Jurors were draw
and by the Court appointed, and tina
said grand jury after having been dull,
summoned were tried, elected, empan
nelled, sworn, and charged as the Law
requires" DC. We are unable to Sc
how an appointment by the Court of
} grand jury already drawn as requires
by law can affect the acts of a jury il
all other respects regular, formal ant
lawful in its constitution.
: The formation of juries in courts i
in one sense an appointment by tn
Court in which they are to serve, a
the presence and supervision of tn
|, Court is absolutely necessary to III
legality of their election.
There was no error in charging tn
venue, of which Webb can complain
the record showing it to have beef
done upon his motion and affidavit
and the aflidavits of his compurgator
, aud to the county, of his own seleC
ton.
All that Webb did or said from tn
, time he went into the house and wa
in the presence OF Reynolds and hi
wife, or either of them, is part of re
gest0 and was properly admitted t
| the jury. His first act was to arres
and lie the man and his wife, Will
Duncan stood with drawn pistol t