Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1906-06-20
Wilcher to Pay Penalty of MUIR
der on Ga11ows

/
: tention in the Circuit Court OF
Rockbridge last week, was found
guilty of murder in the first degree,
and sentence was pronounced upon
him Saturday to hang Friday,
August 3rd. The prisoner heard
his doom with unmovsd counte-
nance and showed the same
, stolidity that characterized his
conduct during the trial. Wilcher
is now confined in one of the steel
cages in Jail.
The outcome of the trial OF
Wilcher for the murder Of Henry
j. Smith at the latter's home on
Walkers Greek on Saturday night,
February "a, 1905, meets with
universal approval. The circum-
stances surrounding the tragedy
were of such character as to en- list
the sympathy of the entire CON-
munity for the family of the
murdered man.
There were only three witnesses
to the homicide. They were Which
er, the murderer, Mrs. Smith, wife
of the murdered man, and Harrison
Hall, aged about IA, brother of
Mrs. Smith. All three testified.
Mrs Smiths testimony, which was
corroborated by her brother, was
to the effect that Wilcher came to
their house that Saturday night
about 8 O'Clock and called. Smith
opened the door, whereupon
Wilcher asked him to accompany
him on hunt. Smith declined.
Wilcher then accused Smith of
talking about him. giving as his
reason that he (Smith) was jeal-
Gus Of him (Wilcher) and Lucy
Hall, Mrs. Smiths sister. Wilcher
then fired at Smith, who was
standing in the door, with his back
against the facing, one foot in the
door and the other on the step
below. He had a rule in his hand.
The load took effect to the right Of
the breast bone. Smith fell ex-
claiming "Oh," and expired i'm
mediately.
Wilcher's testimony was that on
the night in question he was going
hunting, and on approaching
Smiths house the door opened and
Smith appeared with his gun.
Wilcher remarked that Smith
looked like he was going hunting,
to which Smith replied that he was
looking for some dogs that were
troubling him. He invited Smith
to go hunting with him, which he
declined. He then requested Smith
t. mend his felts (overshoes), to
which request Smith replied that
he would rot mend the felts of
any one who talked about him.
WIlcher denied talking about him,
when Smith called him liar and
applied vile epithets to him, at the
same time raising his gun and
firing at him. Wilcher at once
shot Smith, fearing that the latter
intended shooting him with the
other barrel of his gun. Smith
reeled and feel.
Among other important wit
nesses were George Hall, brother :
of Mrs. Smith, who testified that
came to his house after
the tragedy and said he had shot r
Smith. John Rowe said that about +
two hours previous to the homicide
be met Wilcher in the road, who
-oid him that he was going to
Henry Smiths that night and one y
If them had to die. Raising his
gun he said, 81 intend to do it II
With this" DR.. IL. r. Morrison,
Who reu dered medical aid, testified
rs 10 the character of the wound.
J. Dropping testified that he was
present at Smiths home shortly =,
Ifter the tragedy, had noticed -
Smiths gun, which was in the rack
md that the barrel had dust on it,
Indicating not recent use. lack
Jarvis testified that Wilcher told
lin last October OF his intention
o kill Henry Smith. A. B. Whit
more, A. G. Walker and James y,
Troxell related Wilcher's appear
nee at Whitmore's store shortly a.,
.fter the tragedy and his boast
hat he had killed Smith. No one
Believed him at the time. 6.
The examination OF witnesses
Oncluded Wednesday afternoon, at
With the exception of some rebuttal F.
violence Thursday morning, Nearly in
II of Thursday was devoted to the ~
rgument IF the case. Common in
'ealth's Attorney D. Encore was r,
ssistsd in the prosecution by Mr.. WI
III Willis of Buena Vista. Messrs. r,
Ilasgow & White represented the by
efense. The Jury, composed of cb
E. Heck, foreman, G. P. Lam, en-
.euben Bare, E. N. Chiles, A. j. 70,
'ambert, A. G.. Hutton, J. P. 70,
harrison, L. G. Gilbert, j. N. wa
Iotinger, W. A. Station, W. H. wa
lements, L. L. Arehart, retired at m,
40 O'Clock and in % minutes br
ley had rendered their verdict.
n the first poll within five min ~,
tea after reaching the jury room in
10 verdict was unanimous for ~,
urder in the fret degree. 70
The prisoner was unaffected by NJ,
he announcement Of the verdict.
he only excitement or unoasiness orI
,oun d,r; m r, tho fri al uyoo uyhnp vs.