Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-04-09
HE LOADED THE GUN.
FOURTH MAN INDIRECTLY CHARGED
WITH HARvELLs MURDER.
Horn said to Have Confessed, Pendlssos
Not 10 he Found, and sutton
Likely to BE Hang.

W no hIteQ G6ttI 4oi SOAs'
The Circuit Court, of Wythe. says Way
man Sutton did it.
The Supreme Court of Appeals OF Viz
ginia say .he Circuit Court told the truth
]. f. Thomas OF Wythe says stephen
Green told him that McSutheriand oid IT,
and be also is of that opinion.
Many citizens of wythe declare tnas
Morgan Pendleton committed the mur-
der.
Sir. J. I. Howe. of Decauter, Texas.
says one Horn confessed 70 MN 'nA' n'
did it.
The question is as perplexing as VINO
got the gin sling?" which has been em-
balmed in wild western verse.
On the 10Th of May. 1887, Peter Harveli
was at his home in Wythe county. 10
which he had retreated the day before,
after being wounded in an armed assault
made upon him in Smyth county. Sus-
picious characters were seen lurking
around the house and his mother ana
wife started to move him to neignpors
for safety. just as they started out OF tne
side and the mother on the other, TWO
shots were fired from ambush ana
Harvell, pierced with four bullets, fell
dead.
Suspicion pointed to Wayman Sutton
and his father r-in-law, Morgan Pendleton,
and both fed the State. Sutton was cap
tured in Illinois. brought back to the
state, and, upon being tried in the Circuit
Court of Wythe, was found guilty OF muir
der in the first degree and sentenced 10 DC
hanged. Pendleton is still fugitive. :
AN APPEAL AND JUDGMENT CONFIRMED.
Sutton took an appeal to the Supreme
Court, and on July 10, 1888, that tribunal
Judge Lacy delivering the opinion, unanl-
mously affirmed the Judgment OF the lower
court. In his opinion Judge Lacy makes
strikingly strong summary OF the evil
dence against Sutton.
In Wythe county. however. grave DOUBTS
seemed to exist in the minds of many as to
Sutton's guilt, and the night before he was
to have paid the penalty of the CRIME
band of citizens released him from jail and
he fed TO parts unknown. Governor Lee
offered O large reward for him, but no:
thing was heard of his whereabouts until
about three or four months ago. when II
was learned that he had been arrested by
n sheriff of the State of Washington. Gov
ernor Mckinney sent two Capitol police
men after him. The sheriff who made the
arrest came to Virginia with these police
men, but in view of some correspondence
bearing on Sutton's case that Governor
Mckinney had had with the Wythe au-
thorlties, the question was raised whether
tte present administration was bound by
the amount of reward Governor Lee had
offered for the fugitive's apprehension aud
delivery to the Virginia officers. This
matter, however, was compromised. Wnen
sutton was brought back he was not taken
direct to Wytheville. but TO Lynchburg,
and was lodged in the jail in that city.
subsequently, he was resentenced and the
date of his execution fixed for some time
next month.
LOYALTY OF HIS FRIENDS.
On his first trial Sutton's friends made
the most strenuous efforts to clear him by
endeayoring to impeach the Common
wealth's witnesses and by adducing mass
of testimony to prove his previous good
character. and after the Supreme Court
had passed on the case tremendous though
unayailing pressure was broughtto bear
upon Governor Lee to secure bis pardon
Since Suttons arrest IN Washington MS
friends have been equally active IN en-
deavoring to influence Governor Mchin-
new to interfere to save him from the GAL
lows. and the Executive chamber has
been literally bombarded with petitions,
aflidayits. arguments, and representations
touching the case. As above intimated,
many citizens of Wythe claim that MOT,
gan Pendleton is the party who should
suffer. and il has been stated to the Cover
, nor that he has confessed the murder.
NEW DEVELOPMENT.
Yesterday a new development, 30 tc
sneak. was made in the case.
The Governor received the affidavit OF L.
f.. Thomas, of Wythe county. who lives
about three miles from where Harvell was
kilIed. In which Thomas states thai
Stephen Green. Of Grayson county; told MN
that a man named McSutherland stated
IN hls presence that he (McSutherland.
"Ioaded the gun that shot Peter Haryell
the last time" Thomas further swears
that he has every reason to believe that
McSutherland was in Wythe county on the
dav of the shooting and IN the neIghbor'
hood of the place where Haryell was killed.
Thomas also declares that NcSutheriand
and Harvell had several fuses; tnal
RI ey were at enmity with each other 10
some time before Harvell was killed; that
McSurherland told him positively tnat ne
was engaged in the killing of Harvell. and
that he honestly believes that McSuther-
land and Morgan Pendleton were the par
ties who killed Harvell. and that said Mc,
sutherland was afterwards shot and Killed
by his brother, Terry McSutherland.
STILL ANOTHER CLAIMANT.
The Governor also had sent him yester-
day Lynchburg paper, In when the iot
lowing was printed and marked:
A telegram in the Roanoke Times, dated Rad
ford. Va. April lst, says "a son OF Captain j. l.
Howe, who formerly residedin Decatur, Tex, pu'
who is now resident Of kadford, says that Wniie
In Decatur, and after the con'iction OF Wsfmsn
sutton for the murder OF Peter haryen IN W!tne
county, the man Horn, who was tried Tor the
murder but acquitted, confessed tnat no lnornl
had killed Harvell, detailing all the circuni'
stances. ,,
This statement has already occasioned
considerable stir, so much that Blair Blalr, a.,
torneys for Sutton, have written 10 Mr.. howe
asking that he make AFFIDAVIT OF the fact, Whicl
will DC done at once, and forwarded 10 the ator'
neys. Every effort is being made To save eut
toms fe and this statement s, sresss ssutiys
| clemency, and probably end nnany In the ac
quittal OF the prisoner"
REMARKABLE IN MANY RESPECTS.
This whole case from beginning to. enc
has been one of the most remarkable II
| the annals of crime in Virginia.
The murder was one of the most delibe
| rate and cowardly ever committed IN this
state. The bringing of Sutton from III
| linois and from Washington and his tria
| have cost the State thousands OF dollars
| and throughout his incarceration both h'
| and his friends have expressed thu
| utmost confidence that he would nevel
| hang.
| AS the matter now stands, 1t would ap
| pear that Harvell had four murderers, o
was murdered four times. Two OF MS al
| legged slayers are dead, one Is . fugitive
| and the fourth will be hanged in May, un
| less Executive clemency Is exercised o
| there is another rescue.
ATut ETES SHOW THEIR SKILL.