Savannah morning news. [volume] (Savannah) 1868-1887, 1881-11-10


he found Dancy and Scott. The latter asked
him to go to Heery's; he did not feel well, and
was not inclined to go, but was finally per
suaded to 20. They reached the store shortly
before dusk and took a drink. While
there difficulty occurred between
Dancy and Dudley and he
eral more drinks taken and he treated Dudley.
A subsequent trouble occurred. and after that
he had no further remembrance OF anything
until he woke up in the woods. His impress
sion then was that they had started from the
store for Letford's and had got lost. Dancy
then told him about the killing of Dudley, and
he did not believe it. He had never had
cross word with Dudley, had no enmity to-
wards him and very little acquaintance; never
saw him until that afternoon. They were all
from the same State and got to drinking to-
gether.
PROOF OF INSANITY.
Defense here desired to introduce certain
testimony taken by interrogatories OF Thomas
W. Maltzby by a farmer in the county of Bladen,
North Carolina, and of Richard z. Allen mer-
chant and farmer, at French Greek, in the
same county, to prove that the accused was OF
unsound mind, irrational, irresponsible. and
when drinking, actually dangerous
The Solicitor General objected, as 1t was not
the testimony Of experts, on facts presented.
The court overruled the ooJecuon and
allowed the testimony to be read to the jury.
The burthen of this testimony was that Gill
lespie had always been regarded as subject to
fits of ungovernable passion; was not con-
Sl0ered by the people IN Llc 06lSuDOF0OOu as OF
sound mind, and was easily enraged, and
utterly reckless when in passion that he
was irregular and Incorporate In his habits.
and was regarded as insane when under the
influence of liquor.
DR. j. s. DeTane, a prominent physician of
Bladen county, N. c., had known the Gillespie
family for thirty years, and the prisoner all
his life. He did not regard the young man OF
sound mind at the best: that he was irrational,
subject to spasmodic attacks of rage; that he
was excited without reasonable provocstion,
and was furious and dangerous when drinking.
The witness had considerable experience in
the treatment of mental diseases, and from
intimate knowledge of young Gillespie, con-
sidered him afflicted with emotional insanity.
He instanced several cases where Gillespie had
got into unnecessary trouble by his violent and
insane temper, and he had urged Dr. Gillespie,
the young mans father, not TO let him leave
home as he was apprehensive for the reasons
stated that he would get into serious trouble.
In answer to the question of the Solicitor
General if he had come into court and heard
the statement of Gillespie, without knowing
anything about him, would he have consid-
cred the speaker was Of an unsound mind, DR..
DeVane said he certainly would not: that he
was surprised at the lucid, connected state
ment, and could not account for it, other than
by the supposition that it was made up for him.
DR.. DeVane further stated that few months
previous 10 the birth of Gillespie his mother
had shock. the result OF a fearful calamity,
which afflicted her mind. and in his opinion
the mental weakness and peculiarities of the
young man were attributed to this. He did
not consider him malicious.
Hon. Thomas D. Mcdowell ex-member of
the Confederate Congress and distinguished
public man in North Carolina, was introduced
by the defense, and bore testimony to the high
professional and social position of DR.. Devane
in North Carolina.
The defense closed their case and the Solicit
tor, on the part of the State, reopened his side
by introducing Mitchell Skies, who had off,
ciated as
A nj uTroT
Mr. Skies is a typical Georgian of the back
woods in appearance and manner, and the
Solicitor gave him loose rein and let him narrate
his part in the affair in his own style, turned
him loose -" as 1t were. Mr.. Skies, taking an easy
positioA on the steps Of the judicial throse, and
bracing his broad shoulders against the wall
proceeded to tell how it was. Said he: About
an hour and a half after the shooting me and
Mr. Thompson mounted our horses and started
after Gillespie and Daney. We went up the
road in direction of the bridge and then went
over to Mr.. Strickland's house, where hailed
him, and asked if he had seen two men going
by there. Mr.. Strickland said two men had
stopped there about an hour before and in
Quired the way to the river. We then rode up
to the bridge, and reached there about o'clock.
where we remained until daybreak. knew that
we had got ahead of the men then and sent
Mr.. Thompson up to a house to see what he
could learn, then rode back about half mile
when saw Gillespie aid Dancy coming down
the road AS soon as they discovered me they
were our men. They then wheeled and broke
for the bay and disappeared in the
bushes. l followed and hailed them
but they continued running. l got
a sight on Dancy, and called to him to come
out; that he might as we'll surrender, as we had
come for them and woud have them. He re-
fused to come, and, getting good shot. | fired
and struck him; he fell as also did Gillespie
who was ahead of him, and who, as could see
by the movement of the bushes, was crawling
further into the bay. rode as far as could
into the bushes and again commanded
Dancy to surrender, when he said
Don't shoot, I'll come out" and then came
forward; called to Mr.. Thompson to notice
the bushes near pine tree, where l saw that
Gillespie was trying to conceal himself; when
Dancv came out ordered him to give up his
weapons, and he handed over his knife; he
then asked for a drink of water, and leaving
Mr. T. on guard after Gillespie, took him
up to a house where he got water; l then
brought him back, and sent Mr.. 7. after
some help; hailed to Gillespie to come out;
told him there was no use of further hiding,
that had his partner and would have him,
though there were some who said wouldn't
be able to get him; then threatened him with
dogs and presently a woman came down and
asked what the shooting was about; after
awhile others came up with dogs, and the dogs
got to fighting, and this scared Gillespie, who
finally came out and surrendered himself
and gave up his pistol; we then
started back to the court house with them.
They had twenty pounds Of bacon, sack Of
flour and frying pan. On the way Gillespie
said he was sorry for his mother and sister,
and at times cried about it. He said he had
had some experience with Georgia law, and
had left the State, but it seems he had run
back into it. He wanted to know il he couldn't
get the case carried to another State; said he
would like to get over to South Carolina before
negro jury.
This was about the whole purport of MIR.
Skies narrative, and, at the conclusion, the
court took recess until half past two. At that
hour
ARGUMENT WAS OPENED
by Colonel Lester in a forcible speech Of over
infirmities Of the accused, his condition
from drink at the time, and appealed
strongly to the jury. He was followed by
Solicitor General Charlton in a very able and
effective presentation of the facts as adduced
by the evidence. After an impartial and COM
prehensive charge from the Judge the case was
submitted to the jury at half-past six o'clock,
and they retired.
sURPRIsE-THE VERDICT.
About nine and half O'Clock p. M. the jury
req nestled permission to come into court and be
recharged on the punishment for the different
grades of the crime, and were accordingly re-
charged on these points by the Judge, when
they returned to their room After an alb
scence of half an hour, they announced they
had sgreed, and in few minutes the court
room was denSey crowded. AS the jury
entered breathless silence per-
vaded the crowd, and the reading of the YER
dict was awaited with intense anxiety. When
the verdict was read by the clerk in the follow
ing words: 1--WE, the jury, find the prisoner not
guilty. and so say we all" it was evident that
there were few, If any, who were not surprised.
By what 'method of ratiociHation the jury ar
rived at such a conclusion Is a mystery known
only to themselves, and while it may not be
proper to comment at length on the SUD-
iect yet it is admissible to say,
from the general views expressed. when the
case was submitted to the jury, that no such
result was anticipated, and while the impress
sion of the majority inclined to a reduction
of the crime, yet the most sanguine, it may be
safely asserted, did not expect clear acquttal.
The prisoner received the verdict without
apparent great emotion, though the joy at
knowing that he was once more a free man
seemingly dazed him, aud he scarcely knew
whether to laugh or cry. He was taken in
charge by his brothers two of whom were pres
emit and DR.. DeVane, and, it was stated, was
to leave with them for North Carolina early in
the morning by the first train.
Thus ends a case which he's cost Bryan |
hundreds of dollars, and which, at the |
time of its occurrence, created the most pro-
found Indignation throughout the community,
and there are many now who are not SLOW to |
express their regret that ouch crimes can be |
in community and the perpetra-
tors go ''unwhlpt Of justice" 1t may be re-
ma ked as a specimen of the poetry OF justice, |
that the man Dancy, who was indicted for an |
assault with intent to murder Dudley, in this |
same case, was convicted by a Jury in this |
court of assault and sentenced to fine and |
three months on the chain gang. while Giles |