Asheville daily citizen., 1893-10-26


Jury Makes Up Its verdict Xn rs
HHlnutes-The TestimOnS.
Coroner L. B. McBrayer and jury in
the inquest concerning the killing of John
Right near Mine Hole Gap on Tuesday
last, heard the testimony In the case
today In the Recorders room at the city
hall. Sam Harper, the man held for the
killing. was present at the investigation,
and his wife and three OF his daughters
were also in attendance.
Rachel Harper, the IL years old daugh-
ter of the prisoner, testified that she
came to AshevilIe on Tuesday last with
her father in a wagon. When they went
back home witness rode in the wagon
with Mrs. Pinkerton, and Mr.. Right
and Harper rode in the baggy. The
child said that her father had been drink
Ing. but was not drunk. The men were
| driving behind the wagon and their mule
had it's head in the wagon almost all the
| time. When they got to the forks of the
Crooked creek or Marion road the wa
gon and buggy were stopped close by
each other. 1t began to get dark when
they got to the top. OF the mountain. but
the moon was shining when they stop
ped and they could see plainly. MIR.
Right was very drunk and staggered.
He sat up in the buggy with his head
dropped on his breast. When the buggy
stopped Harper got out and Right drove
on to the top of the hill where he jerked
his horse and turned the buggy across
the road. Right fell or jumped out
and came back and struck Harper twice
with whip. Harper said: What do
ply and kept on hitting him until the
whip was broken. when he began strik-
ing at Harper with what the witness
thought was knife held in his right
hand. Harper did not strike Right,
only warded off the blows. and after a
little while Right staggered off again
and fell in the road on his side. The wit
ness said she saw the blade Of the knife
used by Right. When the the fight was
over Harper said well, don't that beat
you out !" and went and stopped over
Right. looked in his face and called Mrs.
| Pinkerton to come and look.
Mrs. Nancy Pinkerton, an elderly
woman, said that she was walking
toward home and just beyond Biltmore
she was overtaken by a wagon and
buggy, told his little girl to stop the
wagon and let witness ride. Witness
story of the fight was similar to that
told by Rachel Harper. She said also
asked the latter for his (Right's) whip,
which was handed over and the blow
began. They went round and round and
both fell but they were not clinched- The
witness did not see anything but a whip
In Rights hand. When Harper got up
he called out: John, get up and go
home" Witness went up to Right; he
was breathing heavily and Harper said ::
81 don't like to leave him here" Both
men had been drinking. Witness said
that she was 80 badly scared that she
didn't know anything hardly. but she
went and told the neighbors that they
were 6ghting down in the road and that
she reckoned Mr.. Right was badly hurt.
| John A. Earwood testified that he went,
with others, at the call of Mrs. Pinker-
ton, to the spot where the fight had
taken place and they found Right lying
in the road and to all appearances was
dead. Witness saw knife lying near
Rights feet. Harper went with witness
| to the latter's house where Harper ate
his supper after putting up his horse.
Witness saw no blood on Harper's hands;
Harper did not wash his hands and
couldn't have washed without witness
seeing him. Harper's only reference to
the fight was that he didn't know what
Harper bed and at the request oi
Rights friends watched him all night.
Thomas Earwood. jr., T. A. Earwood
Duff Sales, Clarence Whitaker, K. A
Cogburn, John Trantham, and ]. Sor.
rels, gave unimportant testimony.
9. w. Sales said he picked up bloody
open knife near the feet of Right, who
was dead. Witness closed the knife an6
gave it to brother of the dead man
Witness identified a knife shown him b,
the Coroner as the one he picked up. Th'
knife has blade about two inches Ions
that is stained with blood. Mr.. Harpe
said in witness presence that Righ
had cut at him with a knife; Harper wa
Iexamined for cuts, but the only mari
found was scratch on one of his hands
Joe Mitchell said that he was drivin,
home when he was stopped in the roa'
at the place where the fight had take
place and was told that John Right wa
dead. Harper spoke up and said
cutting at me with a big knife and
Knocked his lcks off until he cut me o
the arm. kept going back and though
would rum"
Of the fight, testified that John had a
iron barlow knife. Coroner McBraYe
handed the witness knife and the Wi
ness said it looked like the one owne
by his brother.)
The Jury, Thomas Redmon, A. H. PHI
kerton, Riley Earwood, Bartus Ea
!, wood, Samuel Williams and Willial
Early, were then given the case bv Core
ner McBrayer, who said that the
should return a verdict that John Rigl
came to his death from a stab wound
the heart by whomsoever they shoul
find inflicted the cut, and that the
should remember that it would be In
possible for a man to mutilate himself
the manner that Right was found to b
The jury rendered this verdict aft
being out S minutes:
"We the jury of inquest hnd that Jof
- Right came to his death on Tuesds
y evening. October "a, 1893, by a kni
stab in the heart at the hand of Samu
II. Harper"
The post mortem examination by {
Coroner Yesterday sho wed that Rig
had received "a knife wounds and bruie
besides a fracture of his arm. There w
a wound an inch and half long tn
cut the pericardium and penetrated t
heart. This latter wound was sufficie
~ to cause instantaneous death.
- Oldeat p m. Dead.