The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-09-28
EXECUTED, THOUGH INNOCENT.
A Dying Mans Confession Shows That an
Awful Mistake Was Made.

A Dying Mans Confession SHOWS mat III
Awful Mistake Was Made.
On dark rainy night about six years ago
smotnered pistol shot was heard in the
upper part of Tahlequah. Ind. I. The
night was misty dark. but within fifteen
minutes large crowd were looking upon
the dead body of youpg man named Arch
Terrell, who had been shot through the
brain by an unknown person behind him.
Some said the fatal shot had been fired
from outside the house through three
inch crack between the logs of the house,
while others claimed it had been fired from
within the building. The tEree-inch crack
was there but there was no sign Of powder
burn. and nothing more could be proved.
William Grimett. good-looklng half
breed Cherokee boy, was lying inside the
house Just behind Terre!l when he was
killed. Grimett said the smoke from the
pistol passed just above his head, where he
Law behind Terrell. The assassin, whoever
he was. lett no clew. In a week, however,
Young Grimett was indicted and week
later tried for Terrell's murder.
Terrell had many friends. So had Grim
ett The latter was ably defended by Colo
mel w. 2. BOudinot, one OF the best crlml-
nal lawyers in this country, while the pros
ecutlon was conducted by equally as good
talent. Both sides did their best
Grlmett was quiet say-nOthiDg sort OF
fellow of previously good character, ana
fear conviction in the least. The evidence
brought out was wholly circumstantial, and
the jury disagreed.
When the third jury disagreed there was
but one for acquittal.
BEFORE the fourth and last trial came of,
two weeks later, it was reported that an
eyewitness to the crime, named Smith, had
been found and that he would be produced
at the next trial.
Grimett's friends became alarmed and
began to plan his escape. According TO
Chero law person cannot be imprls-
oned until found guilty OF charge. and an
accused man is therefore guarded around
wherever he wishes to spend his time until
his trial.
A plan rlpened for Grmetts escape His
guards were managed and a good horse pro-
vided. Grmett was set free up0u the back
of the steed and told to 60. And so he did
90, but when court was called the Monday
following he was on hand and answered to
his name. His devoted friends had begged
Il am innocent" he told them. and stood
At the fourth and last trial the eyewitness
was called in, and his testimony settled
Grimett's fate He swore that he saw
Grimett raise himself from where he was
living behind Terrell, present pistol at the
back of his head. and fire, after which he
quietly resumed his former posture. Smith
was proved TO have been In the house at the
time, and his evidence was not doubted. A
lengthy cross-eXamlnatlOn effected nothing.
The only offset TO this terrible positive evil
dence was something concerning the fact
that man had been seen flying down the
street lust after the shot on white horse.
After short deliberation the jury
brought in the verdict of guilty. The stern
old Judge asked Grimett if he had anything
& Iaa obo Of ha
passed upon him. For the first time during
tue long series of trials for his life the
smooth countenance of the youthful pris-
oner showed emotion. He rose to his feet,
looked the old Judge squarely in the eye,
and said in an ordinary tone OF voice, while
his young face flushed with vehemence:
Judge, l never killed man In my life"
That was all.
In five days from then, and according to
Cherokee law, William Grimmett paid the
terrible penalty, protesting his innocence to
the last.
Six years had passed and William Grim
EFT and his fearful fate had been forgotten,
when the clerk Of the court in which he
was tried was suddenly and urgently sum-
moned to the bedside of a dying man. He
went and found Jack Cochran in his last
moments. 1t was at his home in Grand
River. Cochran said he had carried secret
locked in his bosom since Arch TerTelPs
murder that he feared would forever damn
his soul and he wished to disclose il to the
clerk.
1T was l." said he, "who murdered Ter
rell by shooting him through a crack be-
tween the logs of the house in which he was
killed. | afterwRrd mounted nv horse,
white one, and gallOped down the street and
out of town, unrecognfzed by any one on
account of the darkness"
And thus it was that William Grimett
paid the death penalty and died in inno-
cence.-Fort Worth Gazette