Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1896-02-12

Os
Mashburn
The county physician swore that the
wound was just above the heart and that
death must have been instantaneous,
When asked by the counsel for the de-
fense just what must have been the dis
tance from which the shot was fred, the
physician stated that the nature of the
wound was such as to cause him to be-
ieve that it must have been several feet,
probably 80.
The old coachman Of the majors was
next sworn and placed upon the stand
Before the court in a trembling voide
the negro told how he found his master
sitting in his chair stone dead He said
he was rubbing down the horses in the
barn and found one of them had a sore
place on his left hind leg He thought
something should be dono for the horse
and went into the library to consult
with his master. When he entered the
door, Major McLain was sitting in the
chair in which he was accustomed to
take his morning nap The darky cSi1efa
him, but received no answer. He called
repeatedly and then went close up to the
major. With scream he fed from the
room, for he saw his eyes were CLASSY
and set far back into his head. He gave
the alarm, but was too superstitious to
again enter the room, believing it to be
bad luck.
The cook, an old negress apparently
80 years old, was the next witness. She
said she heard old Uncle Tom cry mur-
der and rushed out of her house on the
rear of the lot to see what was the mat
ter. The details of the finding as told BY
the coachman were corroborated by the
negress.
Mr.. Suttles was then asked to take the
stand
In brief he stated that he was passing
the home of Major McLain when he
heard loud voices talking in very ex-
cited and boisterous manner. He stopped
and listened and recognized the voice Of
Colonel Mashburn
care you positive it was the voice of
Colonel Mashburn?" asked the counsel
for the defense.
"I would know the voice anywhere
were to hear it. swear positively that
it was Colonel Mashburn and Major Nc
Lain whom I heard quarreling in the
ROOM
"What time was that?''
's1t was half past o'clock, :" replied
the witness.
Here the state rested its case and the
defense announced that no testimony
would be introduced and that Colonel
Mashburn would make statement, when
argument would be waived and the Judge
would be asked to charge the jury.
As Colonel Mashburn mounted the
stand all eyes were turned upon him.
The judge raped for order and the
bailiff motioned for silence.
II stand before you today perfectly
innocent of the crime with which am
charged, said Colonel Mashburn, in q
voice trembling with emotion. "I am as
innocent as newborn babe or the
purest angel in heaven. T. spent two
hours in the library with Major McLain,
during which time we quarreled over
the land lot line. Several blows were
exchanged. and left the house at quar-
ter to 12 O'Clock, and strolled about the
fields. At about IL o'clock heard the
report of gun. and I believe the report
I heard was the discharge Of the gun
that killed him. know my case is des-
perate Circumstantial evidence has al
ready convicted me, and I have given up
all hope. I am prepared for anything
that may come.'' -
els that all you have to say?" asked
Judge Lewis.
'That is all. "
The jury was out just five minutes
and returned with verdict of guilty.
A deathlike stiffness peryaded the au
dience. The spectators craned their necks
to hear the sentence of death.
The solemn words fell from the lips
of the judge and with downcast head
and trembling form the doomed man re-
ceived the sentence that meant to him
more than tongue can tell or words ex-
press. The execution was to be private
and the time for the expiation of the
crime was set for the 9th day Of June.
just 80 days from the day of trial.
More like shadow than a man Colo
mel Mashburn was led from the court
room and carried to the murderer's cell
of the Jail. AS he leaned heavily upon
the arm of the sheriff the sympathy OF
the entire crowd was with him. Though
the evidence against him was too strong
to admit of doubt, there were great
many who wished he had been acquit-
ted His very look appealed to them,
and many eyes were wet with tears OF
sympathy and genuine sorrow.
Late in the afternoon of June 8
stranger called at the Jail and asked to
be allowed to see Colonel Mashburn. He
was refused admittance, as the colonel
had told the jailer to let no one in to see
him. The stranger was persistent, and
said that his mission was one OF great
importance to the colonel.
The turnkey closely inspected the
stranger. He was dressed in checked
business suit, and had the appearance OF
being commercial man. There was a
peculiar meaning in his eyes and an air
Of dignified command. The jailer hesl-
lated. but the little man in the checked
suit placed his hand upon the officers
and 10 king him squarely IN
the face said:
"My business with Colonel Mashburn
is most urgent. AS surely as you live,
he is an innocent man. +"
The jailer became interested.
"Colonel Mashburn did not kill MAJOR
McLain," continued the stranger. III
this am assured, and if there is posi-
bility of saving his life, I am going tc
make every effort. I am convinced ne Is
an innocent man"
Without any further persuasion the
little man was admitted into the corrl-
dor and directed to the cell of the con-
demned man.
Colonel Mashburn was staring out OF
the window. Through the heavy barred
opening the ruddy glow of the sunset
was streaming in.
The din of the village street had sub
sided. and on the still evening air the
deep mellow tones Of the bell was call
ing the worshipers to vesper service.
When Colonel Mashburn heard the rap
zinc r,,or his grated door, he started,