The home journal. (Winchester, Tenn.) 1858-188?, 1881-04-20
The Jury Find Them Guilty of
Murder in the FIRST
Degree.
Defendants Counsel Move
For a New Hearing,
which is Overruled by Judge
Williams.
The Death Sentence Passed
Upon Them.
An Appeal Taken to the SUI
pyeme Court.
The Prisoners Carried to
Nashville.

with the following Jurors, who were Sc
lected from a panel of over 200 men:
Noah Smith, A. j. Sutherland, Abra
ham Brazelton, w. M. Hall, JOIN
Schnell, j. l.. W. Bennett, VIM. Pur
dam, j. l.. Brandon, VIM. Stevens
VIM. Lynch, II. Ii. Holt, and S. c. NJ
Williams. Constable Alex. Caldwell
officer in charge.
A large number Of witnesses about
40, including both sidcs--werc exam.
ined, which occupied the time of the
Court until 5 o'clock Thursday evening,
the 18th, land in two hours atterward
& o'clock the argument was opened by
the Attorney-General withsa two hours
speech. He was followed by Messrs
W. L. Colyar and p II. Curtis, counsel
for the defendants.
Friday morning Capt. T, ID. Gregory
spoke in behalf Of the State, closing just
before noon, and the afternoon was con-
sumed by Messrs. John Simmons and
Jesse Arledgc, defendants counsel.
Gov. Marks, for the State, made the
closing argument. He commenced at
7 o'clock Friday night, and spoke till
$3.50, when Judge Williams charged the
jury, and the Court adjourned till next
morning.
Saturday morning the jury appeared
and requested that Judge Williams give
further explanation in regard to the
charge. The Judge said the only
explanation he could make would be to
rc-read the charge, which he did in his
usual articulatc style, when the jury re-
tired to their room in the Ballard
House. This was about 10 o'clock.
At 1880 p. m. the jury returned to
the Courtroom and rendered verdict
Guilty Of murder in the first degree.
The counsel for defendants moved for Il
new hearing, and Court adjourned till
Monday morning.
At 8 o'clock Monday morning Court
was called. The movement of defend
ants counsel for a new hearing was
over-rulcd. Judge W, then remarked
that he wGs about to perform one OF
the most solemn duties Of his life, and
asked the prisoners if they had anything
to say before sentence was passed upon
them. John Poe raised to his feet and
said that they had not been given fair
trial, that prejudice was high against
them, that evidence had been produced
which vas untrue, that he could have
produced witnesses whose testimony
would have been valuable to them if he
had been given time, &c. He then
took his seat, and the death sentence was
pronounced. Judge Williams said:
E" 1t is the judgment Of the Court that
you, John Poe and Cicero Poe, be de-
livercd to the Sheriff Of Franklin coun-
ty, to be put and kept in the jail Of said
county until Friday, the 18th day Of
June, 1881, and from thence taken by
said Sheriff to gaIlows within one mile
of the Courthouse Of Winchester, there
to be hanged, each and sevcrally, until
YOU are dead. Said Sheriff shall erect
said gallows and said defendants shall
pay the costs of this prosecution"
After the sentence was passed, John
Poe said, very audibly: 81 guess |
won't be at that scafiold."
The case was appealed to the Supreme
Court, and at 1880 o'clock Sheriff Tur-
ncr, with a sufficient guard, left for
Nashville with the prisoners, where
they will remain until their case is act
ed upon by the Supreme Court, which
meets next December. If the lower
Court has erred in the trial they will
get 4 new hearing; if to the contrary,
the death sentence will be confirmed
and another day be set by that body for
their execution.
The Court adjourned about II o'clock,
and Judge Williams left for Spencer to
hold Court for the balance Of the week.
He will return and hold a special term
here next week, commencing on Mon
day, for the purpose of trying those
cases on the felony docket which were
not continued.
We do not give the testimony of the
witnesses in this trial, because we did
not hear it all, other and more import
ant business requiring our attention. 1t
is enough to say, however, that, so far
as our knowledge goes, the prisoners
were given fair and impartial trial,
and the testimony produced against
them corroborated what We printed at
the time of their arrest; and, further
more, the verdict accords, almost uni
with the views of the hundreds
of persons who were present during the
trial.