The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1878-04-24
CIRCUIT COURT.
THE MURDER AND RAPE CASE

THE MURDER AND KATIE CdSbc.
The two most important cases tried
during the Circuit Court, held at this
place last week, were The State VS.. Nan
Fry, for Murder, and The State VS.. Tom
Lawrence, colored, charged with assault
with intent te commit rape. The read
ers of the GAZETTE will remember the
account published at the time OF the
killing of James Fry, and the arrest and
commitment of Nan Fry, his step-daugh-
ter, charged with the murder. On Thurs
day afternoon of last week the case was
taken up for trial. The State was rep
resented by Attorney General 2. q. Full
kerson and Jas. A Carriger, Esq, and
the defendant by w. s. Dickson, Esq,
and Hon J. c. Hodges. The testimony
of the principal witnesses was substan-
TALLY as follows:
John Clark testified that, on the even
ing of January 1st, 1878, he was going
to his home, walking up the track of the
Buncombe railroad, which passes about
twenty steps in front of the house of
Fry, one mile from Morristown, when
about seventy-five yards from the house
he heard "A gun fire, and then heard Fry
swearing in a loud tone of voice de
walked on, and when front of the house,
saw three persons, the deceased. his wife,
and the defendant, in the middle of the
room, engaged in a scutfie. The de-
ceased seemed to be trying to escape
H. o1R OF
and saw the smoke of the pistol. Fry
called to him to come in that he was
shot. The woman came to the door
and called him, saying that "Jim had
shot himself" The witness went into
the house and found the deceased lying
on the floor. He asked him who shot
him, to which he replied, 4" Nan shot
me-" The defendant then said, NO,
Jim, did not, you know you shot your
self" Fry died three quarters of an
hour after. The ball entered to the left
of the backbone below the ribs, ranged
upward, and came out just below the
right nipple. On cross examination the
witness stated that the defendant, when
the shot was fired, was on the right side
of the deceased. That she treated him
with great kindness until he died, and
did everything in her power to alleviate
his sufferings. Severa! other witnesses
were examined for the State, but the
statement above detailed was the NEST
important.
The argument was opened by Mr.. Car
riger for the State, followed by Capt.
Hodges for defendant; and was closed
by Mr.. Dickson for the defence and At
torney General Fulkerson for the State.
After a most elaborate and impartial
charge by Judge Rose, the jury retired
on Friday evening, at four o'clock, and
returned into Court Saturday morning
with a verdict of not guilty.
THE RAPE CASE.
Thomas Lawrence, a colcred man, is
charged with an attempt to commit rape
on the person of Miss Lula Austin, a
daughter of one of the most respectable
citizens of the county. The case was
prosecuted by the Attorney General, as
sisted by Mr.. Geo. p. zoe, VIM. McFar
land, and Col. John Netherland. W.D.
Cannon, Esq, and Col. o. c. King APP
peared for the defendant.
1t appeared that one night last July, at
about the hour of midnight, Miss Aus
tin was awakened by hand grasping
her wrist, and, On opening her eyes, saw
a negro man bending over her. She
tore herself from his clutch and scream
ed, arousing her younger sister, who
slept with her. The negro stopped and
crept to an open window, in getting out
of which the moon shone full on his
face and she and her sister both recOg-
nized the defendant. Other circ UNI
stances, tending to identify him as the
man, were also proven. The jury rem
dered verdict of guilty, fixing the pun
ishment at ten years imprisonment in
the penitentiary A powerful effort was
made by his counsel to obtain a new
trial, but the motion was Overruled and
an appeal taken.
This case, on account of the nature of
the offence and the responsibility of the
young lady assaulted, has created more
excitement than any tried in our county
for years, and there is an unanimously
expressed hope that the judgment may
be affirmed and the scoundrel receive
the punishment he so richly deserves.
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