Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-08-31
TIE CLINTON HOMICIDE.
Termination Of the Habeas Corpus
Case before Hen. III. L. Hall

ded 40 ihe Knox County Jail.
There was large and expectant
crowd at the court house yesterday
to hear the decision of Hon.
NJ. l.. Hail in the Clinton homicide
case on an application by the prison.
ers for bail, the argument in the case
having been concluded the evening
before. The prisoners, J. L. and Sam.
Shipe and A. J. Queener, were present
with their counsel, and also Esq Bon
ham, father OF the young man, IA. NJ.
Bonham, who was killed, to-
gether with the counsel for the State.
All things being ready, Judge Hall
stated that he had considered the whole
case closely and carefully reviewed it
in his mind, and that it was in many
the most remarkable case that
had ever been brought before him.
He then proceeded in a calm. deliber-
ate and dispassionate manner to briefly
review the details Of the evidence and
announce his decision, and the SUBJ
stance of his remarks were about as
follows:
That Bonham was killed in the diff
Guilty, there is no question. but the
simple question is whether or not The
three prisoners or either ore OF
them Is entitled to bail in the
case, 1t is found very clearly from
the evidence that the origin
of the whole difficulty was
between BOnham and Sam. Snipe. A:
far ss this evidence goes, Bonham was
in the wrong in the first difficulty
which was spoken OF, but the fatal
difficulty was month, at least, after
wards, certainly giving the parties
time to cool off. Then Sam. Shipe
can't claim that he had legal right
to go and make an attack on Bonham
as long as month afterwards.
Now the question comes up that all
persons who are present aiding and
abetting in crime are equally guilty.
We have not single word in the evil
dence from Queener as to his inten-
ions, and have to take his actions.
Not a word was said at the commence
ment of the difficulty, as far as the
evidence goes, by any one. Bon
ham was standing at the shoe shop
window, turned off, and the
first thing that caught the
eye of anybody, was the lick from
young Shipe. In the absence Of any
proof to the contrary, that placed him
young ShipeI clearly in the wrong
Queener gets between them, and was
evidently mixed up with the affair
and it is pretty plain that he used his
stick. The entire evidence on both
sides shows that Bonham was pur
sued. There was not as much CONTRA
diction in the evidence as would have
oeen expected, but as 10 the main facts
all agree in their testimony. When
the stick was wrenched from young
5hipe's hand by Ronham, it is little
remarkable that Queener didn't try tC
get him (young Shipe) aw'y, if he
came solely as peace maker. But
instead of that he spoke to Bonham
telling him to quit. From Queener's
attitude and manner, can't cay, from
the evidence, that BOnham was moi
justifiable in striking Queener in the
first instance. Then observe thai
Queener goes to and takes hold o.
Bonham again, instead of Sam. Shipe
Here is probably the turning point
differ with the counsel for the defense
in their view of the cessation of th'
fight, and must regard it, and don
think any reasonable man can but re
gard it,as continuous fight, without
perceptabIe lull hardly. After Bon
ham was down the last time before tht
shooting, was it any more than rea
sonable length of time that he got w
to draw his pistol? It was mentioned
in the evidence that BOnham cut back
at Queener, looked at Maj. Shipe
then at Sam, who at the time had {
stick, and then fired. Bonham wa
also heard to say, IS want you to lie
me alone"
% to this time, it don't seem tina
Mai. Shipe did anything. 1t il
shown he said something, bu
there WIS no evidence whether
Bonham heard it or not, bu
it was clearly shown that, although
he intended to stop it, he returned tt
the fight.
As to Queener, he must be regarded
from all his actions, in taking hold O.
Bonham instead of Shipe, as acting
with the attacking parties. 1t ii
clearly manifest that an attack was
meditated, and it matters not whether
John T.. Shipe and Queener had any
pistols or did anything, if they were
present aiding and abetting, and If, il
became niece 3sary, and they saw it. fol
young Shipe to take the life of Bon
ham, to assist him, they became prin
eipals.
Then comes the question as to muir
der in the first degree. Fermentation
constitutes murder in the first degree.
The death Of Bonham was the result
of the whole affair, aud it must be re-
garded as continual fight. All mus
agree and believe that the original in
tention was for Sam. to chastise Bon
ham, but perhaps the affair termina-
ted differently from what they expect
ed, still they brought it on. Takinq
all the evidence, my mind is satisfied
that there was no cessation, but thai
1t was all one act, and the parties
present aiding and abetting were equal.
ly guilty. The result is I am of the
opinion the parties are not entitled tC
bail, consequently the petition is dis.
missed, and the prisoners must be held
in Jail to answer at the next Circuit
Court for Anderson county.
After a lengthy consultation with
their attorneys, the prisoners, Messrs
J. L. and Sam. Shipe and A. J
Queeder, were remanded to the custo'
dy of Sheriff Reeder, and recommit
ted to the Knox county Jail, where
they will remain until the meeting Of
the Circuit Court for Anderson coun'
ty, which is the fist week in Novem.
Der next.
$40 to Tate's.
The citizens of Knoxville now have