The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-12-01
CRIMINAL COURT.
A MISTRIAL THE CASE OF
JOHN BERRY.

At O'Clock the court was called to
order, and the weary jury in their box
while the room was filed with men
anxious to know the result of their long
deliberations.
Mr.. J. NJ. Stepp answered the clerks
question with the assurance that they
had not agreed, and his honor again re-
quired them to retire in charge of their
officer until they did agree.
So soon as this was done and order re-
stored, Clerk Patterson warned all pres
cnt to observe silence, and in prescribed
torn asked the prisoner, VIM. Fore,
whether he had anything to say why
judgment OF death should not be pro
nounccd upon him. In reply to this Mr..
!. NJ. Gudgcr made an earnest appeal to
the court for new trial. basng the same
first. upon new evidence which had come
to his knowledge winch would 90 far
towards mitigating the otienSc. The
most remarkable part OF this was a
statement which the counsel avcrrcd,
would be made by Mr.. Alexander, a
liinsman of the deceased, Amos LunsIord,
| hat he had talked with LunSiOrd Il short
lime before his death, and that he said
then distinctly, 81 pushed that man
Fore too far. know must die and at
this moment, | say deliberately that
Fore is not to blame for my DEATH"
This remarkable statement was supple
mcnted with the further assurance that
in selecting the jury the prisoners cOun-
sci had received no assistance except
from two persons vino were not named,
who advised them to take three men who
were their kinsmcn, assuring the counsel
that these men wcrcurtrainrd and would
he fair both for the State aud defense
md in consequence OF this assurance, the
three men were taken on the jury. Since
the close of the trial, however the coun-
sci had been informed chat one of these
persons, had proposed to help lynch
Fore Another had said "he ought to he
hung" and the third few moments be-
fore he was called to the Jury box, had
said that Fore was guilty OF murder"
The court here suggested to Mr.. Gud-
ger that these charges wcrco too serious
a character to be presented in this irrcg-
ular manner, and that court would be
adjourned for one hour to enable them to
prepare the athdavits necessary to bring
it properly before the court and to get its
ruling thereon.
At 7 O'Clock, the court was again
called to order, and the Jury in the case
ot the State VS. John Berry being in the
box, still asserted that it was impoSs-
bic to reach an agreement. The Solicitor
and Mr.. Shuiord, for the defendant, then
agreed that the jury should be polled,
and each asked, whether it would be pos
sible for them to agree. This WAS done,
and the question was asked each jury
man, and in reply, each gave the opinion
"Impossibc;" and thcrcupon, one of the
twelve, Mr.. j. NJ. Stcpp, was withdrawn
and mistrlal ordered.
We were informed by one of the jury
that they stood to the last nine for
murder and three for mansaughter.
The consideration of Forcs case was
then resumed, and the following aflida-
Wits were presented:
NJ. L. Garter being duly sworn says
that MIR. ID. II. Shook, father of Robert
Shrok, who served as a juror on the
trial of the prisoner at the bar, came to
affiant as one of the counsel of the
prisoner, and volunteered the statement
to him, that his said son, Mr. Coffee,
! who was also on the jury, and Il Mr.
Rogers who was on the special venirc
were all without prejudice against tbs
prisoner, and would give him fair trial
il they were chosen on the jury, and both
Messrs. Shook and Coffee were chosen bv
thcprisoucr's counsel in consequence o
his information.
Afhant further swcarS, that the said
:. D. II. Shook, being a witness for the
prisoner, led atiiant to believe that ht
was in sympathy with the prisoner: but
atfiant has since been informed, and NOW
believes. that he was, at the same time
an active friend of the prosecu ion.
. (Signcd.I NJ. Z. CARTER.
Sworn to and subscribed before me.
X. PATTERSON, Clerk.
!. d. Redmon being duly sworn say,
that he was in the court house he dav tn,
Jury was chosen in this case, and while
Robert Shook. who was afterwards cho
sen as a Juror. sat by his side, in a con
verSatiun with Shook, he tDld this aft
ant that LunstOrd was nice man, anC
that Fore had imposed on him, anr
ought to be hung. Shook was SwOrl
, atterM ards, and on being sworl
said that he had not formed and cx
pressed the opinion that the priSonerwa
guilty. Athant remembers distinctly tina
Shook was sworn and answered a
above stated. Before Shook was chosen
: a man not known to atfiant, who ha,
sandy beard, leaned over in front of al
fant, and whispered to Shook and tolt
him that hewould be chosen as juro
sure.
Affiant told his brother and brother-iu
law the same day that Fore would cithe
r he hung or there would he a mistrial, an,
he then explained to them his couvcrsa
! ton with Shook. The aliiant is not c
} kin nor related in any way to the pan
$ ties, and has no interest in the case, an
+ is besides unable to state how dcfcuC
e ants counsel obtained the informatio
$ that he had the said conversation vii
c Shook. his
j.. d. lNl REDMON.
mark.
+ Sworn to and subscribed.
]. K. PATTERSON, Clerk.
# NJ. L. Culbcrtson being duly swor