The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-11-21
CRIMINAL COURT.
CLEMENCY ASKED THE JU-
RY FOR HONEYCUTT,

An Application Made for Post.
pOnenn2nt in the Murder Case of
the Stale vs.. WIN. j. Fore-The
Matter 40 Come uD To-Day.
An array of solid men of Buncombe
hIled the court room yesterday morning,
composing the special venirc, which had
heen ordered for the trial of William
Fore, for the killing Of Amos Lunsford,
which sad event occurred on the 26th
day OF August last, while the parties
were IN attendance at a camp mectingin
Leicester township.
Before entering upon this case, the
jury, which up to midnight OF the pre-
ceding day, had been patiently hearing
the evidence and arguments in the case of
the State VS.. Mart Huueycutt, brought
in their verdict, finding the defendant
guilty of the crime of larceny and re-
ceiving stolen goods, and recommending
him to the mercy OF thecourt. We know
! nothing of the evidence of this case, but
| our acquaintance with the good and true
men who composed the jury, satisfies us
that their finding was correct, and a
glance at the'youthtul, boysh face of the
prisoner, explains the recommendation
| rs it was honorable, both to their heads
and hearts.
The prisoner, Fore, was brought into
court, attended by his counsel Messrs.
J.. NJ. Gudgcr and NJ. Z. Carter. The
solicitor called over his witnesses, some
twenty-five in number and announced
chat the State was ready. Mr.. Gudger,
in behalt of the defendant, said, that he
wished time to prepare an affidavit,
| praying 4 continuance, and stated as the
ground thereof, the absence of a material
witness, Mr.. Ham A. Luther, of Hominy.
| Mr.. Luther had been summoned by the
| State, and therefore, the defense had not
procured a subpoena for him until ycster-
lay, when they learned that the Solicitor
would not introduce him, and in conse-
| luChSc Oh HIS dDSVlSC from hOlilc' lIllS
subpoena could not be served. The
counsel minated quite broadly that Mr..
Luther had abscnted himself, because of
| MS wish to avoid summons saying,
that he had in a previous case done the
same
~. .,,... -.....-... H..
Inc court &1ahlea time 20 prepare tHe
ItIldavit, which was soon presented III
the following words:
North Carolina | Inferior Court,
9unromo[ So"H'y'jN0Ve'noer Term 81
WilI;nm Fnrr rbr nr;Soncr at the har
being duly sworn, deposes and says he
,annot come safely to the trial of this
S4uSe now lor tne rack oi InS evidence oi
md ;s mNI.,. .n,,"no,a ;.s,,rd fa,. HIM
md the same mas not been served.
BY said witness defendant expects to
prove th1I prisoner uteW MS N''i'e rom
had kn~ckeG md nmlIad nris1prr down
This testimony is necessary to meet tcs-
rimony which, as prisoner is advised,
WIN pe oIeiSu Oy Ine o1"te' 'euu"iS ~
,n,. ,he fgbt tb.,t tlera Is M witness Inv
which he can supply tins testimony; he
expects to nave the benefit OF this testl-
.uoIlH "' H"oti'e! I'''Ie' '""| tne H'seiNe
amer. traf tI,is aAidavii is NOT ,nodr fnr
DELAY. but to obtain lair trial.
lSlgnedl ". J. FORE.
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