The New York herald., 1879-12-20

Are then to know from you now that all is over.
and this is the last. that the next to speak to
you will be the Great Judge. that other person
killed Fugate." he replied feeby, "yes; am in
nocent." His dying statement accused three of the
thirty witnesses against him of wholesale perjury
and the others of inaccuracy. While debating it at
ten O'Clock he grew very sick. vomiting profusely.
sToIcAL TO THE LAST.
At the last hour he walked boldly TO the gallows
which he codly surveyed and without nervous
tremor. but with great dignity and in silence shook
hands with all within the stockade. During delay
of twenty minutes he stood unmoved, then scraped
the mud from his boots the steps up which he
moved with steady step unaided. and stood
the picture of physical manhood. without muscular
tremor. The cap was drawn, and then your
respondent asked him the last question which
reply. though the usual one. was hesitatingly and
have been made under fear that it would leave tho
brand OF perjury on his two sons.
BRIEF REVIEW OF THE CRIME.
In 1876 a feud arose between Deane and the father
OF Henry Fugate, leading to charge OF assault ON
Fusse Deane who was to ts1s Sr
in his own favor. denied the assault. and. his evil
dence being denied by that Of the deceased and
ment for perjury was found against him.
In Virginia. perhaps elsewhere charge
OF perjury must be sustained by the testimony OF
two witnesses and to resist conviction it
that Deane should get rid OF of tho Fugates.
At the April Term OF the court Deane remarke, that
the Fueate set were the authors of his Indictment
for perjury, and some OF them would yet pay dearly
for it," The trial OF the indictment was continued
until the July Term OF the court. On his way home
from the April court Deane remarked there
"more of the witnesses present than would ever be
again" few days later he said the case against
him "more than human mortal could bear"
Previously he had told deceased. Fugate, he ever
interfered with him he would beat him to death"
Between the April and July terms DeaAe took his gun
o gunsmih to be repaired and sti puatcd that lie
tn in op the
his having in time Prior to the July Court he sent
for the gun. but failed to get it. On Friday after
noon, prior to the murder of Fugate, which
Cured on Monday. June 25. Deane's son. fourteen
years of age. went to the house of neighbor and
borrowed gun. and on his way nome shot squirrel
with it. On Saturday afternoon two of Deanes
sons took the borrowed gun into the woods.
oontradicted CO. T each other one "eIs swearing they
shot it several times and the other that they at
tempted to shoot it but failed the gun being out of
order. On Monday morning these boys again went
to the woods with the borrowed gun. returning
prior to seven o'clock A. NJ Two young ladies at
Inquired Of them what they had slot. One Of them
replied the other had shot ut buzzard Deane asked
ladies' then left the house. being merely visitors and
ut nine O'Clock, some two hours later. Fugate
shot in his ield some four hundred yards from his
own house. his wife hearing the report of the gun
and seeing his horse spring into the air from fright
CowARDLY SHOOTING OF FUGATE.
Deane and Fugate lived within three-fourths Of
mile Of each other. wooded ridge intervening.
Deane knew that on the after noon Of the Saturday
Held held. half mile from ss Desne,r house. and and
adjoining the wooded ridge and that he had not
finished the plouging. SO that he would in all proba
bility. be ploughing in the same field Monday.
From the edge Of Fugate's held. distant some
twenty-five PAGES In the direction OF Desne's house.
to the edge OF the corn. Fugate had reached
the end Of his row. had turned his horse and
Sas sSo. IN tns back near sSa spns
The ball had been fred from the fence,
s in a. the Places in the
aimed ut his heart. He was soon found and carried
to his house. where he died the next afternoon. 1t
was found that his murderer had rested his gun on
the partially decayed aud sharp edge OF rail Of the
fence alluded to. In Withdrawing the gun q niche
had been made in the edge Of the rail by pro-
lection from beneath the gun. The gun Deano had
borrowed and had then in his possession had by the
loss OF tue front portion OF the stock. Just such
seated by large fallen tree which the fence
had been repaired after its fall, and in such
his gun pointing in right obique direction. From
the imprint Of his person in the soft earth and the
could not have turned his body sufficiently to the
right to have made q right-handed shot, but must
have shot left-handedly. Deans always sho.
the murderer pdistinct, but both those
approaching and those leaving the locality indicated
that he had approached 1t by circuitous route from
the direction OF Dcane's house and that he had
leaving it made circutous retreat which ended in
direct approach to it, When Fugates wife saw him
shot and went to his assistance, the dog which
companied her followed the trail of the retreat.
house nn he was heard o Se ana seem to
return. though he had come up with the MUIR
derer and had been driven back by ablow. witness
who heard the report Of the gun the time and
from the place FueAte was shot recognized it the
peculiar report Of the gun Deane had borrowed.
to Deane. and In the afternoon four young men went
to Deane's house. and one Of them said to
piled he could get 1t. but that it would
not shoot. they had tried it that day. On exami
had been freshly filed, 80 that as Dosne had said it
would not stand cooked. The ball extracted from
Fugate's body weighed within fraction OF grain
loss than the new balls used with the gun Deane had
borrowed. All the guns within four mile radius
of Fugate's house were examined and only two
three Of them were found of like calibre
to that of the gun Deand had borrowed, and 1t was
proven that neither Of these could have been used
for the murder. their presence being otherwise ac-
DEANRs ARREST AND TRIAL.
After Deane's arrest he broke from the guards.
escaped and was afterward recaptured. The evidence
offered IN Dearfs favor was meagre and suspicious.
BY his two sons. aged twelve and fourteen, and by
proved that he In his own field at the time the
murder must have been committed. The crowning
him was the conduct of one of his counsel, named
Harris. citizen Of the county and who had beon
nephew, Lilburn Harris. who appeared az q Witness
for Deane andttestied that he Deane ut work In
his own held when the report Of the gun which
the Deane famiys testimony and really established
his alibi. but It Was proven by the sisterA and
not at Deane's at the time and could
not have been. Thereupon young Har-
ris testified before the court that his
previous testimony was false. and that his uncle.
the attorney, Harris, one Of Deane's counsel, had
promised to pay him to testify to the falsehood.
Thereupon Attorney Harris fed foot, leaving his
horse. saddle and bride in the and making his
escape tothe mountains of Kentucky. Dcane
prosecuted by eight members Of the Southwest Vir-
ginia bar and defended by like number, embracing
somo OF the first talent in the State.
DREW HOLLOWAY HANGED AT srArEsBoRo,
GA.-AN IMMENSE CROWD WITNESS THE AZ
rAn-MURDER FOR WORD.
STATEsBoRo, Bullock county, CAL
Dec. 10. 1879. I
Drew Holloway was executed here to-day for tho
murder OF Benson Brown. The legal tragedy was In
public. The gallows was erected about hve hundred
yards south OF the Court House. the street lead