Knoxville Whig and chronicle. [volume] (Knoxville, Tenn.) 1875-1882, 1875-07-07

the best established rules Of evidence,
and 1t can make no difference that the
surroundings and facts constituting
one and the same transaction, discover
the three distinct capital fplnnies Of
robbery, rape and murder, and the
fourth offense of malicious shouting,
as la this case, for 1t is clear beyond
the possibility of doubt that all that
Duncan did was hut the carrying out
of the plan aud the execution of the
orders of Webb.
The charge OF his Honor, Judge
Young, upon the question Of dt6i,
taken altogether and III connection
with that upon reasonable doubt, is
correct, and If under the facts, As de
tailed in the record, he had omitted
altogether to lay down any rules for
the consideration Of the jury a. to ali
bi. it is exceedingly questionable
whether such omission would have
been error, there being so nearly moth
ing of which To predicate definition
of an d2iJi and the rules for its applica-
ton.
The facts of the case can be best told
in the language of the only two wit
nesses who testify to the outrage.
Mrs. Reynolds says: II am fifty
five years old; was the wife of Rich
ard f. Reynolds he lived on Beaver
Greek, in Knox county; he came to
his death 10y being shoe by Duncan
and Webb; he was killed i'm his own
house. Mr. Reynolds, myself and a
colored boy, Joseph Reynolds,
and nephew, were in the
house. The parties came Ia our
house, after dark, on Thursday, 9th Of
March, 1874; the first / beard was "A
knock at the door opened it, and
two strangers came in, and took chairs;
Dave Duncan Is now dead | saw him
at Knoxville after his death never
saw defendant until that night. De-
PENDANT is the young man that came to
our house the night of the murder de-
PENDANT asked if Reynolds lived there.
Mr.. Reynolds said yes. Defendant aud
Duncan then got up and said that he.
Mr.. Reynolds, might consider himself
under arrest They then searched
him to see il he had any pistols. Webb
then stepped out on the floor aud
asked if he had any money, and to get
/ it quick. Webb had his pistol drawn.
| Mr.. Reynolds then got his pocket
book, aud gave it tn Webb. 1t had in
| it twenty-five cents. Webb took the
/ pocket book and then searched the
| house, first ordering me to light cam
| die, which did Webb then tied Mr..
| Reynolds hands behind him, and af-
| forwards tied my hands behind me /;
said he was going TO take us to Knox
vile. Webb asked me if had
smoke house. During the time Dun
can was standing on the floor, with his
pistol drawn. Webb had before order
ed Duncan to take his position on the
| kNnIl, oh l.
one of US. Webb took me out into the
yard he put out the candle and after
awhile lighted it again. He did not
90 into the smoke house. He told me
! i | would give him four hundred dol
lars he would go away and let us alone.
When he said this Webb and | were
out in the yard. This was after the
light had been put out. He said he
Intended to tie me down in the house
and set it on fire. He said Mr.. Rey-
nold5 had killed the brother of the old
man in the house. While out in the
yard with my hands tied behind me,
Webb forced me to lie down on the
ground and violated my person said
if l made a fuss he would shoot me.
He then lighted the candle and order
ed me back in the house. When we
went in Duncan was still on the floor
Webb then asked Mr.. Reynolds to give
him four hundred dollars. Mr.. Rey-
nolds said he did not have the money.
Webb then laid a chair down on
the floor and said he was going
to lay Mr.. Reynolds upon it
and give him a whipping and
then shoot his damned brains out.
Webb then made me stand by Mr..
Reynolds and started out. Duncan
commenced firing on Mr.. Reynolds.
Duncan stood in front. He COM
menced firing just as Webb got to the
door. | don't know that Webb went
out. Mr.. Reynolds was shot four times.
| don't know which one shot the boy.
Mr.. Reynolds got back against the bed
when they left the house. When |
saw my husband rolling on the floor |
commenced to halo and the party left.
The nephew cut me loose and united
Mr. Reynolds. He was shot in the alb
domen and legs. Duncan took gun
Webb a shawl. Webb got all the jew
elry, all the Confederate and state
bank money, lOcket, ETC., etc.
This is also substantially the testi-
mony of Joseph Reynolds.
Richard f. Reynolds died in less
than an hour after the shooting
lC duu liipSI SblN luIih :
comment upon the facts, is their sim
pie detail. The jury convicted Of
murder in the first degree. The prls-
oner was sentenced to be hanged.
Affirm the judgment.
After the delivery of this opinion
Judge Turney proceeded to pronounce
the sentence of the Court, which was
, that the prisoner be hanged by The
neck until he is dead, on Friday the
18th of August next, within one mile
of the Court House of Knoxville. Be-
fore passing the solemn sentence, the
prisoner was asked if he had anything
to say why sentence should not bC
pronounced against him. He replied
, "All have to say, it is Furnishing thu
innocent and letting the guilty go"
, Real Estate Transfers.