The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-02-02
I'm THE FIRST DECREE
a Lce-C0unty Murder Case I'm the
COurt Of Appeals Decided
Against the Prisoner.

-
In the Court OF Appeals on Thursday
the case OF Russell Us. The Commonwealth
was decided. The prisoner was convicted
in the Circuit Court OF Lee county for the
murder OF Ira Dean on the night Of The
10Th OF July, 1882. He was son-in-law OF
the deceased, with whom for some time
prior to the murder he had been on un.
friendly terms. The hostility between the
two Was increased by the marriage OF q
daughter Of the deceased TO brother OF
the prisoner few weeks before the mur-
der, with which the deceased was greatly
displeased, and which took place at
the prisoners house. At the time OF
the murder the prisoner was living
on land which he had rented OF Judge
Morgan, and which the deceased had
rented and expected soon TO occupy. This
greatly incensed the prisoner, who was
heard to declare when he was informed OF
the renting By the deceased that he the
deceased) would never live there, that was
one thing certain. Late in the afternoon
OF the 18th July, 1882, the prisoner went
to the deceased's house and took supper.
He had not before that been there for some
time. He requested the deceased after
supper TO go with him TO Cumberland Gap
TO rent a farm. The deceased replied he
couldn't 90 then but would 20 the next
week. The prisoner then left, saying he
was going home. He left the house, going
in the direction Of the main road, which
was south Of the house. That night. be-
tween the. hours Of and 10 O'Clock, after
the deceased and his family had retired to
bed, Floyd Dean, son of the deceased, who
| m in fho ~
side Of small hall from the room In which
the deceased and his wife were sleeping,
and who had not gotten into sound
sleep, but was dozing, was aroused by the
opening OF his door. He turned his head
and saw man approaching his bed. BY
the light afforded by the moon he recog.
niZed him a. the prisoner, and was in the
act OF speaking TO him, when he was struck
senseiess by q severe blow in the face,
which crushed ont many Of his teeth and
broke his iaw-bOne. About the same time
the wife of the deceased was awakened by
q sound which she supposed TO have been
made by one Of the children falling out OF
bed. She spoke to her husband. but he
did not answer. She sprang ont Of bed
and lighted the lamp, when she found
him lying bleeding and unconscious
with his skull broken in, and from the ef-
fects of which he died the next day.
| When first aroused she heard the door
knob rattle and some one running out OF
the house and then along plank at the
side OF the house outside. She was fami.
liar with the step OF the prisoner, and be-
lieyed the steps she heard were bis. The
next morning the prisoner was sent for,
and he. with his wife, came 10 the house
OF the deceased, and was there placed
under arrest. The same morning tracks
were discovered approaching the house
from the north, apparently made by q man
walking in 4 moderate gait, and other SIM
| liar tracks were found going north from
the house. apparently made by man run
ming, as was indicated by the long dis
tance5 between them. BY the tracks going
| from the houses, and short distance from
| the house an axe was ,ound, on the handle
| OF which were spots of blood. The priS-
oner, when arrested. exhibited 10 excite
ment, but took bis wife by the house and
told her he was charged with killing her
father, and to stay by him and answer no
questions. His shoes were taken off and
| fitted TO the tracks on the north side OF the
house and found TO tit them, :he tracks
made by the right foot accurately cor
responding with his right shoe. which
was little turned 10 one side at the
| heel. When asked TO take off his
shoes he turned red and seemed embar-
rasscd, and inquired il some other way
wouldn't do as we'll to measure the tracks.
| He hestated, raising first one foot and then
the other. but offered no resistance 10 his
shoes being taken off.
| These were substantially the facts proved
before the jury, which returned verdict
OF guilty OF murder in the first degree.
The Court refused to set aside the verdict
and grant new trial, and thereupon the
case was carried 10 the Court OF Appeals.
Judge Lewis delivered the opinion OF
the latter court, and after reviewing the
facts and laying down the law applicable
| TO the granting OF new trials, said: I'VE
cannot say IN the present case that the ver-
diet is manifestly wrong: on the contrary,
| it is plainly right and fully SUPPORTED by
| the facts proved. The hostile feelings OF
the prisoner towards the deceased; his
motive to slay him for the double purpose
OF gratifying those feelings and perhaps OF
thereby preventing himself from being
turned out OF doors; his opportunity TO
commit the crime: the exact cOsresp pond
cnce between the tracks near the scene OF
the homicide and his own shoes, ard his
conduct Immediately after his arrest. are
all circumstances. together with those de-
tailed by Floyd and Mis-. Dean. which
point TO him. and wellnigh with absolute
certainty, as the cold-blooded murderer OF
the deceased.
"The objection that the judgment
is erroneous because it failed TO appoint
an eXecutioner OF the sentence is answered
by the provision Of the statute, Code OF
1873. chapter 203, section ., which pro-
yides that when sentence OF death is pro-
aounced the clerk Of the court pr0nounc-
ing such sentence shall. as soon as may be
after the sentence, deliver a certified copy
thereof 10 the officer OF the said court, who
shall cause tine sentence 10 be executed
There is no error in the record OF which
the prisoner can complain. lie has been
impartialIy tried; he has been found guilty
by a jury OF his peers, and must suffer the
penalty OF his chine.
"The judgment is affirmed"