The state chronicle. [volume] (Raleigh, N.C.) 1883-1893, 1885-10-23

VIM. GOOch and James A. Smith to be
Hanged Tuesday, NOvem ber 18th.

VIM. GOOch and James A. Smith to be
Hanged Tuesday, November nth.
The trial of VIM. Gooch and James A
Smith, which consumed two weeks of Wake
Superior Court, for the murder of John \.
Cheatham, closed on Saturday last II
was long and tedious trial. The prose
cution was ably conducted by Solicitor
Galloway and Judge Geo. V. Strong. The
prisoner Gooch was defended by Col. T.
NJ Argo Maj John Gatling and W. N
Jones, Esq; Messrs. Coke IL Williamson
and Messrs. A. NJ. Lewis 4 Son appeared
for Smith. Sixty witnesses were exam
ined. Forty for the State and twenty for
the defence
The evidence as taken down covered
over 120 pages of closely written fools cap
paper. Every inch of ground was hotly
contested by the prosecuting attorneys
and by the defendants counsel. Judge
Strong opened the argument for the State
| on Wednesday of last week. Col. Argo,
Major Gatling and W. n. Jones made able
and earnest speeches in defence of Gooch.
The arguments in defence of Smith by Col
| Oct. Coke and b. B. Lewis, Esq, were
| highly complimented. Solicitor Galloway
| closed for the State at noon on Saturday.
Judge Clark reviewed the testimony to
the jury and stated the law arising in the
case His charge was impartial, plain and
pointed
The jury retired and, after an hours
deliberatiOn returned and rendered a YER
dict of guilty of murder as to each de
fendant.
At 6 o'clock Saturday evening court re-
| assembled. The court room was literally
packed with people drawn to hear the aw
| full sentence condemning the two men to
| death. Judge Clark took his seat on the
bench The prisoners We're brought in.
| Smith appeared more Indifferent and more
| uncOucerned than seemed natural under
such circumstances, and when asked by
the court whether or not he had anything
to say why sentence of death should not
be pronounced upon him, replied almost
| inaudibly, 81 am innocent of the charge
against me-" Gooch appeared i'll at ease
and his countenance indicated that he re
allied his impending doom. When asked
by the court what he had to say why death
should not be pronounced upon him, his
face Redeemed his lips quivered and with
a slight effort he replied, Il am no more
| guilty of the murder of John Cheatham
than your Honor on the bench" Judge
| Clark then, in very impressive manner,
his voice betraying feeling of sympathy,
pronounced the sentence as follows:
''The occurrence during which the de-
ceased was slain took less than ten min
utes. You have had four months to pre-
pare for your trial. You have had sub
ponas from the State to bring all the wit
| nesSes whom you desired to testify in your
behalf You have had able, laborious and
Jealous counsel to plead your cause.
Twelve good and true men have heard the
evidence both for you and against you.
For twelve days they have hearkened to
the evidence and the argument in this
cause. They have retired to their room
and after carefully considering the evi-
dence under the law as charged by the
court, they have returned as their verdict
that you are both guilty of the murder of
John A. Cheatham. At the request of
your counsel the jury were successfully
polled in behalf of each Of you, and as the
names of the jurors were called each rose
in his place and responded, Guilty of
murder.
Fairly and impartially tried and pro
nounced guilty by jury of your peers. you
have now to receive the sentence which
the law affiXes to the crime whereof you
stand charged.
Standing as you are, with the sentence
of death about to be pronounced upon you,
he would be more or less than mortal who
would not feel the deepest sympathy for
you in your unfortunate condition. But
the highest and best interests of society
vindicated and that those who violate the
highest and most sacred I'M functions should
feel its power.
William GOoch and James A. Smith, the
sentence of the court is that you and each
of you be returned to the prison whence
you came and kept in confinement till
Tuesday, the nth day of November, of
this year, on which day, between the hours
of in the forenoon and in the after
noon, you shall be taken thence by the
sheriff of Wake county to the place of pub
lie execution in said county and you, Will
liam Gooch, and you, James Smith, shall
there each be hanged by the neck till you
are dead, dead, dead, and may that great
God whose laws you have broken, but
whose compassion is infinite, have mercy
upon your souls.
The counsel for each of the defendants
gave notice of an appeal. Appeal bonds
were filed, and the case goes to the Su-
| preme Court.
A Paper that has Come to Stay.
The BattleborO Headlight is the name OF
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