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Found Guilty
As our readers are aware a special term of Heard Superior court was held last week for the purpose of trying
John and Ann Smith and King for the murder of Bonner Barker in the upper part of Heard last winter.
John Smith was first put on trial and the Franklin News says that it was with difficulty that a Jury was obtained.
The first three days of the court was consumed in trying John Smith the case being submitted to the Jury Wednesday
night at 11 o'clock. They brought in their verdict Thursday morning at 7, finding Smith guilty and not making any
recommendation. Smith was sentenced to be hung February 5th, 1886.
A motion for a new trial was at once filed by the defence on the grounds that there had been communication
with the jury, the sheriff having asked the body some hours after they had gone to the room if they were likely
to agree in an hour. Each juror, however, has made affidavit to the effect that all agreed to a verdict of guilty,
that they were influenced neither way by the sheriff, and that he asked no question from the answer of which
he could draw any inference as to how they would decide.
The defence will likely fall in their scheme for a new trial; however the motion will be heard on Tuesday, the 12th of January.
The indictment against Ann.Smith was nolprossed. King was given a verdict of not guilty.
Newspaper Article was located and generously shared by Wylie Hutchens.
Article was transcribed by Jan Nance as recorded in the paper. Every attempt was made to type as printed in paper.
NOTE. " In the next to the last sentence in the article it reads. The indictment against Ann.Smith was nolprossed."
There is a period after the letters Ann. I believe this may have been an abbreviation of some kind.
brought to the web by: Wylie Hutchins & Jan Nance
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