Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-01-02
TRIED SIX TIMES FOR MURDER.
A Remark able Case In a Kentucky Criminal
Court


Court
One Of the most noted murder cases in the
state has just been disposed OF in Cumberland
county, Ky., according to special to the Phil
adelphia Times. II was a bloody and tragic
affair and was remarkable for its cold-blooded
atrocity. In April, 1882. Austin Franklin
was gay young man Of Ferns Fork. Metcan
county. He was a wild young blade that cut q
wide sva.h among the susceptible young ladies
OF the section, and, being a good looking young
fellow and the son Of pleasant man and excel
lent citizen. wrought havoc among the hearts
Of the neighbor girls.
Among the neighbors Of the Franklins was
the family of gentleman named Elisha Smith.
Being in every way social equals. the two fam
lilies were on intimate terms, and young Austin
Franklin was frequent visitor at the Smiths.
Among the Smiths her possessions was
handsome young daughter, and to her Austin
Franklin paid devoted court
RUMoRs ABOUT THE couPLE
In the process of time the names OF Franklin
and Miss Smith became coupled together in
ugly whispers and lnsinuations. and finally the
report, by this time rife in the neighborhood,
| came TO the ears of the father of the girl In
stead OF shouldering . shotgun and
making hnnt for Franklin, as
most Kentucky fathers do, the unhappy
strated with him and urged him TO right the
| wrong he had done his victim. This Franklin
| promised TO DO, and the old gentleman rested
satisfied in the assurance that justice would be
done his child.
On bright Sunday morning. however, a
week or two afterward. just as the citizens OF
| the FERNS Fork neighborhood were assembling
for worship at Walnut Grove Church, the still
ness of the spring Sabbath morning was broken
by five loud pistols shots and the agonizing
1 anf l.As An -
| arrived on the scene saw old man Smith in the
throes OF death, with five gap
ing wounds in his body. Every one Of the
| assassin's shots had taken effect. The murderer
| had stood behind a hickory tree by the side OF
path leading from the Smith residence TO the
church, had deliberately awaited the old man 6
approach, and then pumped him full Of lead.
SAID FRANKLIN SHOT HIM.
! The oldest daughter OF the murdered man
WAS the first person to arrive on tie scene OF
| the tragedy. She testified that when she
reached there her father cried out that Austin
| Franklin had shot him all to pieces. She also
| declared that she saw Franklin standing about
| fifteen PAGES away, pistol in hand, and that
when he saw her he turned and ran over the
| hill. In q few minutes other parties had ar
rived, but the bullets had already done their
work and Elisha Smith dead man.
| The daughter proceeded to Edmonston that
very night and swore on. o warrant charging
Franklin with the crime. Franklin was ar
rested and at the examining trial was put un-
der heavy bond TO answer before the circuit
| court When court convened he was imme-
diately indicted for murder and remanded to
Jail.
| Owing to the prominence OF the parties to
| the killing, and its cruel nature, nearly every
body in Metcalf county ranged themselves on
one side or the other. and 1t soon became APP
parent that public opinion was Overwhelmingly
against Franklin. AT the Eext term Of court
Franklin's counsel made application for a
change OF venue, and the case was transferred
to Cumberland county. Then commenced one
OF the most extraordinary legal struggles ever
| witnessed In kentucky. The family OF the ac'
| cused at the outset was il good financial con-
| dition, and spent money for the son lavishly.
| The very best legal talent was obtained.
SENTENCED TWICE FOR LIFE.
Six times has the case been put on trial. -Four
times the juries have disagreed, and twice
Franklin has been sentenced to the peniten
tiary for life. In the trial concluded at Burks
vile few days ago jury could not be OBJ
tanned even In Cumberland county, and {
special venire was summoned frori Clinton
Immediately after the rendering of Tho
last verdict sentencing Franklin fo'
life his counsel gave notice that they woult
ask for a new trial on the ground Of errors il
the courts instructions. The case came VI
before Special Judge Allen of huntsville las
week. The exceptions OF the defense wer,
overruled and notice OF appeal to the Suprem'
Court given.
Unless the decision Of the lower court is re
versed it looks that Franklin might at last b,
melted out the tardy justice that should Ion.
ago have broken his neck. Tie case has COS
the state about $4,000. possibly somethin,
over; has literally bankrupted the defendan
and his relatives and is really not yet settled
A peculiarly sad feature of tho last trial wa
that Franklin's father, a man aged and worI
BY his sons disgrace, took sick in the cour
room and died before he could be removed {,
his home His death was caused by grie: ovel
the course Of his son and disappointment a
the result of the last trial.