The home journal. (Winchester, Tenn.) 1858-188?, 1883-01-03
THE POE BOYS.
Found Guilty Of Murder in
the First Degree, With
Mitigating circum-
stances
John Sentenced to be Hung,
and Cicero Sentenced to
the Penitentiary
for Life.

Tor Life.
On Wednesday, Dec. Goth, (the dat
OF our last issue,) the jury in the cas-
OF the State VS. John and Cicero Poe
rendered a verdict of murder in the Is
degree; wi III mitigating circumstances
Thursday morning the counsel for tb
prisoners made formal motion for
new trial, and took occasion to make
touching appeal for the lives of tn,
prisoners. Judge Williams decided /,
postpone Judgment until next day at II
O'Clock, and at that hour large crowc
had gathered in the Courtroom. Judp,
W. then asked if counsel had anythin.
further to say, whereupon the counse
for defendants stated to the Court tina
they were informed by some of the il
rorss that they expected the punishment
to be commutcd to Imprisonment fol
life; that this was the meaning of thel,
verdict as they understood it and thai
no verdict would have been rendered al
all under any other consideration
Judge w. minated that he had al,
ready made up his mind as to the YER.
DICT, that q great responsibility was
thrown upon the Court IN this case, and
that it would be well, perhaps, to wait
until the Court was enlightened by the
aiiidavits Of jurors in relation to the
point presented by the counsel for the
defendants, and for this purpose the
Judgment Of the Court would be post
poned until the next Wednesday at ten
o'clock.
On Wednesday, Dec. 9th, at half.
past ten o'clock the prisoners we're
brought into Court, and, in the pres.
ence of a large crowd, Judge Williams
proceeded to give his judgment in the
case In the first place, however, he
asked the counsel for the defendants if
they had anything further to say,
whereupon the counsel presented the
affidavits of seven jurors, whose names
are as follows: j. N. Ikard, VIM r.
Willis, I. NJ. Collins, John l.. Gibson.
Alex. Ursery, John Cochran and j. NJ.
Wakefield all of whom say in their af-
tidavits that they would not have
brought in the verdict as they did if
they had not thought it would be the
duty of the Judge to commute the SEN
tencc to Imprisonment; that it would
have been hung jury; and that they
were not satisfied from the evidence
that John and Cicero Poe ought to be
hung. The counsel for the defendants
also brought to the attention of the
Court the fact that the officer in charge
of the jury had been absent at one time
from the jury during the trial of the
case. Evidence was introduced which
showed that one of the jurors had been
sick with colo and the officer went af- |
ter DR.. Grisard to administer to him.
1t also appeared that the officer had
locked the door and put the key in his
pocket. The Judge, in rendering his
Judgment, said the first question was
whether he should grant a new trial
and that this depended upon whether
the prisoners were entitled to it because
the officer was temporarily absent for n
cause that seemed to him necessary.
After reasoning deliberately upon this
point the motion for new trial was
overruled.
The next question was whether the
prisoners should be hung or imprisoned
for life The Judge took up the cases
Of the two Poes separately and cons;d-
cred first the case Of Cicero. This de-
PENDANT, he said, had proved his pre-
vious good character, which was 4 wit
ness in his behalf. 1t further appeared
that he was young man, not more
than twenty years old when this crime
was committed, and perhaps these we're
the mitigating circumstances in his case
in the opinion ofthe jury. In his case,
therefore, the sentence was committed
to Imprisonment for life.
The case of John, however, was DIFF
iercnt, and the Judge said lie could see
no mitigating circumstances in his case,
and that it was not a case in which The
sentence of death should be committed.
The Judge then asked the prisoners if
they had anything to say why the judg-
ment of the Court should not be passed
upon them in accordance with the opin-
ion he had indicated, whereupon John
Poe arose and said that he did not know
that he was able to say anything; that
he was sick and had been for several
days; that he was MS innocent of the
death Of young Baker as his Honor or
any one in the Courtroom; that he new
er saw young Baker in his life; that he
was sorry young Baker was dead, and
sympathized with his family, particular
ly his mother, because she was the only
one who had spoken to him q kind word
when he was brought in chains to this
town. The tears stood in Johns eyes
as he spoke Cicero said he had moth
ing to say, and thereupon tho Judge
sentenced John to death-fixing Febru-
AIRY 29d as the day of executon-and
Cicero to Imprisonment for life.
The case will go again to the Supreme
Court, which is now in session, and
will probably be acted upon within the
pext few weeks.
Best A Sheeting, 64c best Prints,
&c, at p. & S. Lenehan's, Dccherd.