The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-09-24
IusTIrEIN ,IIssIssIPPI.


Gilmer-fhe Crime Proven on Then
: Beyond Doubt-The Jury Aequli
Them In Ten Minutes-No Crime Il
Kemper County 20 XIII n Republican.
NEw YoRx, September 22.-The Tribtua
has the following from scoOba, Miss, de
failing the facts in the Gully trial:
sir:-The second act In the drama Of III,
Chisholm massacre has been converted
into farce by the acquittal oi Houston
and Virgil Gully for the cold blooded and
cawardly assassination OF John P. Gilmer
This scene ended, Of course, as every one
anticipated who was conyersant with the
public sentiment Of the Democratic party
in this State.
The circumstances Of the foul murder
were simply these, as stated by Joseph II
Britain, an old end highly respected citi.
zen Of the county, who Is q iather.in.law
Of Houston Gully, one OF the defendants,
and on the best terms with the entire
Gully family. Brittan testified that on the
morning OF Sunday, April 20, 1877, the
Sheriff appointed him as q deputy, and
asked him to 20 out 70 old man Rosen-
baum's, half q mile from town, and bring
in Charles Rosenpaum and John GiImer,
against whom an affidavit had been made.
He also said that Gilmer and Rosenbaum
had heard OF the affidavit, and had come
from Scooba TO surrender. The. witness
stated to the Sheriff that he wanted no as.
sistance and no arms to make the arrest.
He went TO the place indicated and found
these persons, who said, "All nght!n and
came back toward the Jail with him.
Before they reached the town
crowd OF armed men, among whom
were Houston and Virgil Gully, fell
in behind them. When they came too
close to the prisoners he ordered them
away. Virgil Gully said: "They would
not hurt the prisoners" When they
reached the public street witness heard a
gun fred Immediately behind him, but
did not see who fired 1t. Gilner threw up
his hands and cried for help, when wit
ness turned and saw Virgil Gully with q
double barrel gun in shooting position.
As Gilmer ran between the stores be. fred
at him, and after the shot witness saw
where 1t had entered Gilmer's back. Gil.
mer was found dead, behind the store.
This testimony alone from relative OF
both defendants and q friend OF the Gullys,
and q man OF high character, would seem
TO be ample. But to sustain and make
overwhelming the evidence OF guilt the
prosecution introduced two young men,
Joseph and Lewis Rosenbaum, who testi-
fed that they were standing on the steps
OF the store, a few stepsfrom Gilmer, when
the first and second shots were fired, and
that they clearly saw Virgil Gully fire both
shots. After the second shot they heard
him say, "li had another load would
put it in that d-d Dutchman" (meaning
Rosenhaum, the other prisoner, who was
also a Republican, ,h2
John Hopper, another witness Of high
character, was in full view OF the murder.
He did not see who shot the first time, but
he saw Virgil Gully running after Gilmer
ran between the stores.
Henry Gully aud James Scott, two col.
ored witnesses, who stand well, testified
identically with the two Rosenbaums.
Newton Hopper testified that when the
first and second shots were fired he was at
the Jail window. He saw Houston Gully
at the rear Of the store and saw him take
aim and fire as II at some object on the
ground. Afterward he found a shot hole
in the side OF the store and in the ground,
and found pool Of blood at the point
where Gilmer was found dead. The facts
clearly were that the two full loads Of
buckshot fired in his back were fatal. he
,iell at the rear OF the store, and while he
lay dying, Houston Gully fired athirdload1
into his head.
The defense offered the evidence Of two
men, Bob Henderson and Geo. Hull, both
OF whom were pfesnt at the shooting and
taking part with the mob In their work oi
death. These witnesses tried to prove an
alibi for Virgil Gully. Others for the de-
tense closed by fatty contradicting each
other, and making statements which could
not possibly be true. The court gave every
instruction asked BY the State, covering
every legal point The prosecution, both
in the examination OF the witnesses aud
in the final argument before the jury, was
vigorous and able. The State Attorney
has won golden opinions for his manly and
fearless discharge Of duty. Judge Wares
speech for the State was bold and out
spoken. Feeling with all fair minded
persons that Henderson and Hull had
perjured themselves, he attacked their
testimony with the full force OF his power
iul inyectiye. He showed that not only
had they contradicted the testimony OF
the witnesses for the State, but they had
contradicted each other; more than this,
each had contradicted himself and proven
his testimony utterly unreliable. ALI was.
however, vain. The jury were out hardly
ten minutes; not long enough to read
over the instructions OF the court, when
they returned and unblushipgly rem
dered verdict Of f"Not guilty" The time
has not yet arrived when 1t Is crime
here for mob to murder . Republican.
JUSTICE.
scoo.A, K1xrER Co., Miss, Sept, IL.