Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1893-05-13
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Perhaps never ira the history on Bun
| connie county did a court jury receive
such q rebuke as wac given the Lew
ellyn jury in the Criminal court this
morning by Judge H. Bascom Carter.
1 ~ hen il returned verdict Of not guilty
/ Solicitor Eug. d. Carter made the
closing speech in tfe case vesterdSy az
ternoon. The speech vsas Isresuotnced
by a proniucat lawyer >vht, has known
| Mr. Garter for years to have been the
finest argument the Solicitor has We:
/ made.
Judge Carter then delivered his charge
to the jury. taking up Is or 20 minutes
| in clear statement of the jury's duty il.
| making up verdict. He did not charge
the jury as to mansla tighter. as it wa
considered unnecessary i'm face of tho
facts brought out.
The jury retired and court was ad-
jOurned until this morning at 9:3O. pro-
vieied the Jury should not reach an agree
mcnt in a short time. in which case the
court was to be reconvened last night.
| The jury did not agree until this morn
| ing. just before the hour of sitting. At
Gao the jury came in, and the prisoners.
| to the bar. The former. the fat her, sat
| with head bowed and his hat shading
his partially blind eyes. while the son
sat apparently rather Indifferent The
Jury was called and through it's spokes-
man. ]. H. Britain. pronounced the
prisoners not guilty.
| The court room was packed with spec
tators. who stood upon the benches to
see the spokesman as he rendered the
| verdict. When he had done SO the spec
tators were as still as death for mo-
ment, then an audible whisper OF surprise
over the issue swept around the room.
1t was confidently expected by the
grea ter portion of those who had heard
the testimony that the verdict would be
murder in the second degree at the very
least.
Before the crowd had recovered from
it's astonishment, Judge Carter spoke
the words referred to. the words for
which he has been commended by many
people with whom THE CITIZEN talked
today. Turning his eyes full upon the
ljury. and with face that was almost
| as white as the plastering on the walls
around him, Judge Carter said:
We'll. must say that that verdict IS
less. (Instantly 900 necks were craned
to take in every word of the court.
every man on the jury. did submit
| the question of selfdefence, but thought
you could in no wav consider it "A case o
killing in self-defence. 1t was certainly a
case of murder in the second degree. i
not in the.hrst degree. am thorough y
.sha med of the verdict. Let the jnry be
discharged and the prisoners as we'll"
The utterance of these strong words
caused sensation, and it was apparent
that they thought he had only don.
what the situation required.
| Solicitor Carter asked the court to hol6
the Llewelyns, an they were to be triee
in the United States court for violation.
of the Federal laws. This was ordered
H. A. Gudger. of the counsei for the de
fence, said that he believed Judge Carte
had said as much as he had in "a nOmen
of thoughtlessness. and he knew he 9TH
the presence of the large crowd tina
would influence the cases IN which tn
| men were to be tried hereafter
Judge Carter KReiserRaes.
Judge Carter replied that he hope'
not hing he had said in the case woul
be the cause OF prejudice against tn
| Llewellyns in any subsequent cases
But to his words he did not withdra Y
one syllable. He said he did not know
| the motives which actuated the jury i
| making up such a verdict, he would no
say they were not honest. but he ce,
tainIy considered the verdict unwa'
iranted
Col. McElroy, of the defendants
counsel, said he wanted to affirm tha
the jurors had honestly done their fu
duty as they saw 1T.
This ended the discussion and the jur
and the greater part of the audience le
= the room. On the street and aroun
the court house men gathered and d1
cuased the verdict, and there was a
almost unanimous expression of tt
, greatest surprise at the acQuittal. Son
of the jury were personally denouncs
on the street for their verdict and ha
no reply to make.
: How tine Jurv stood
The Llewellyn jury was composed of
p. Black, Chas. Henderson, T. A. Diiln
ham, Jas. e. Joiner, T. J. Garland. Pet
Ball, ]. N. Suelson, 5. B. Lance, A.
~ Walton, ]. H. Britain, s E. Emblcr,
g. Dillingham;. THE CITIZEN talked Wi
several of these men, and it was learn
that when the first ballot was TAX
last evening the vote stood six for acQu
~ tai. two for murder IN the second degr
and four for murder in the first degrs
II On the second ballot the vote was 10
2 for acquitta1. These two we
Messrs. Walton and Garland. La
ia the night Mr.. Garland changed his vo'
lea wing only one vote Tor murder in t
second degree. This vote. Mr. Walton
was changed this morning Mr. Waltz
told THE CITIZEN that he could have he
81, k,-rk kz<.