The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-11-24
FORE FOUND GUILTY,
THE JURY OUT ONLY A VERY
SHORT TIME.

Able Speeches OH Behalf of the
state and the DefenCe-The Yer.
dict a Surprise-MansI
Was All That Was Expected.
The whole Of yesterday was occupied
by arguments of counsel and charge of
Judge
Promptly at $50 o'clock, Mr.. 7. NJ.
Gudger opened for the defense, and was
followed by his colleague, Captain NJ. E.
Carter. Both of these gentlemen made
able arguments and took advantage of
every possible point in the evidence,
which could helpIatheir client'sE cause.
Their speeches took up the forenoon
and after the recess, Mr.. Z. D. Carter
closed the State. His address was a
most telling one, indeed. He made a
strong point of that portion of the
prisoners statement, drought out BY the
cross examination, and which was not
published in our columns of yesterday,
that he had taken hold of his knife, and
called deceased liar, expecting that
this epithet would cause deceased to
strike him. This admission seemed to
us to be the turning point in the case,
and the solicitor made good use of it
before the jury.
His Honor began his charge at 4.3O
O'Clock, and made it carefully, avoiding
any suggestion that could be thought
calculated to influence the jury on any
matter OF fact, and giving them the law
IN manner clear, concise and impartial.
The case was givelrto the iurv about
0.3O, and few minutes before s O'Clock
the ringing OF the court house bell sum-
moned large and anxious crowd to
hear the verdict. The jury, however,
handed the judge the following written
question:
1T, after the defendant was stricken
while sitting on the wagon by the de-
ceased and then the defendant entered
the fight with the open knife, would that
be MURDER"
We did not hear the reply of the court,
but from conversation with one of the
jurors we learn that he said:
"lt he willingly entered the fight with
his weapon prepared it would be murder.
although he had been stricken first"
The jury then retired again, and after
lapse OF scarce five minutes re-entered
the box aud announced that they had
agreed on their verdict.
Col. J. NJ. Israel was their foreman,
and i'll answer to the awful question of
the clerk, said that the prisoner was
guilty of the felony and murder as
charged in the bill of Indictment.
The jury were then polled, and each re-
peated for himself the dreadful word
guilty, while the countenance of each
showed that he fully realized the respon-
slbllity OF his situation and of his words
From an intimate acquaintance with
each man of this jury, and, in some cases.
tor many years, we say without hesita-
ton that twelve men more absolutely
cannot be assembled in any
county, and yet we must add that we
cannot concur in their finding. The un-
fortunate homicide was the result of a
hight in which the prisoner was terribly
beaten by man larger than himself
One OF the witnesses testified that "oneof
Lunstord's blows would certainly have
inocked Fore down, had not Lunsford
leld him up with his left hand while he
struck him with his right"
We must think that but for the unfor-
-unatc statement of the prisoner above
eterred to, the verdict would have been
nanSlaughter. We think this what the
community expected While at Leicester
yesterday, we met many men who lived
II close proximity to the scene of the fa-
al encounter and not one expressed any
'ther idea to us than that it should be
One man asked our opin-
on. We replied: ut will be manslaugh-
er, but OF so aggravated a character
hat the judge will give him the full ex-
cnt OF the law" NO" was the reply,
the sentence will be a enient one, be-
auSe both men were to blame in the
light" Under these circumstances we
ire naturally surprised and distressed at
he verdict, and are ready to recommend
uch communication as the Governor in
lis mercy may see fit to extend to this
unhappy man.