Savannah courier. (Savannah, Tenn.) 1885-1979, 1898-06-17
GIVEN HIS LIFE.
Gus Thomas, the Famous Hardin
County Moonshiner, Gets Life
Imprisonment.
Jackson Wing, June 9.

III piASouNh"
Jackson Wing, June 9.
Judge w. G. Caldwell, speaking
for the supreme court, yesterday
delivered an able opinion in the
case of the state against Gus and
Dick Thomas, affirming the opin-
ion of the court below, but modify
ing the sentence of Gus Thomas
to Imprisonment for life, the same
sentence as his brother Dick.
The two men, Gus and Dick
Thomas have been regarded for
years as desperate moonshiners in
Hardin county. They have been
before the federal court. The case
against them was dismissed that
they might be tried by the circuit
court. The crime with which they
were charged was the killing of
John Kennedy in Hardin county
early on the morning of Dec. 13,
1894. A place where two men
had been concealed was found
near Kennedy's dead body, not
far from the front door of his
home. The dead man had reCeiv-
ed four wounds from Winches-
ter rifle, one of the balls passing
through his head. A SO calibre
cartridge of the rifle was near by.
Suspicion pointed to Gus and
Dick Thomas as the perpetrators
of the bloody deed. The illicit dis
tillery in which it was understood
they were interested, had been
raided two days before by posse
of revenue officers and Ed Tho
mas, a nephew of Gus and Dick
Thomas had been killed. The
Thomas boys believed that Ken.
nedy had given the information
which lead to the discovery of
the distillery and also the death
of Ed Thomas. A trial was had
and the jury returned a verdict
of murder in the first degree.
They said there were some nit
igating circumstances in the case
of Gus, but more in the case of
Dick. 1t was the theory that Gus
did the shooting and that Dick
who was with him aided and abet-
ted him as an accomplish. The
trial Judge sentenced him to be
, hung and Dick to life imprison.
5 ment. The supreme court held
that the trial judge was wrong in
g this and exceeded his authority.
Y The supreme court believed the
s jury had in mind the evaporation
s of the men over the killing Of their
: nephew and that while still hot
n they took the life of Kennedy
v The opinion was therefore affirm
ed and modified as to Gus Thorn
as, making it Imprisonment fol
|, life.
d The two brothers were in the
l. court room, Dick showed more
E agitation than Gus. The latter
IL was tanning with his hat and hi
70 dark steel gray eyes were fixed OF
e the judge. AS Judge Caldwell
II reached the closing sentences il
IN which the life of Gus hung in tn
III balance his hands poised in theal
'e q few seconds as he slowly fame,
le himself. The suppressed emotion
H. was scarcely visible, however, il
10 his face. A sign of relief SCENE
to float through the court room a
- the Judge gave life instead of deaf
:, to Gus Thomas.
~, AS the prisoners were led bac
io to jail, Gus said to Marshal II.
% Chester that the "flay seed ha
O. az not yet been planted that woul
30 grow the hemp to hang him." II
~ made the same remark year
~, w. more ago. The prisoners wi
49, :" probably be carried back to Ha
W. w din county before being sent t
- Nashville to begin their lifetin
,ot Imprisonment.