North Carolina Newspapers

ft fiQ ; Oi. Series, Vol. 11 No. 37. ;. : ' . "v : . . MURPHY, N. TUESI1 pBER 21, 1890. : New Series, Vol. i., No. 10. ' r ' 1 --- a -si i 1 1 BUSINESS CARDS. PATTOJT Offer tM peil.loJI Murpby wmI surixiundinp: coun try. ; . J' - juiyaMW-iy J. W. COOPKK. K. V. COOPER OOPEIt & COOPER, - 3 t rns. J. AV. & AV. o I JjWtomeyi at ' Iavr and Dealers in ry7 .K ' Estate- K. L. CXX)FEB, - iSOTAKV PUBLIC, - v ' McKin r, N. C. . ' Tremptattention ci ven to the examina tion tf land titles and the collection of claims. Practice in the Superior courts of the jztli district, and in the bupieme . na r ederal courts. . . JK MAUNEY, J. . ' ' ATTORNEY. AT LAW, Murphy, v - N. Cakomxa, Practice in the courts of the 12th Judi cial District and in the Federal Courts at Asheville. The collection of claims and the exam ination of titles to real estate., given prompt attention. ' jgmilTND B. XORVELL, A fTORNEY A T J. A W KnrpliT. North Carolina JIdvcstigation of Land Titles and Corioratiou Law a specialty. Office in Mayficld & llrittoin Block. 2EX POSEY, ' ATTOENEY AT LAW, 3VHJ-t-fcJJUL V , s s "ir 1ST. O. Will practice in State and Federal CourfH. All business entrusted to mo cted with fidelity and dispatch. stuiness solicited. 1L 11. B. MEHOXEY, Jk. North Carolina Will promptly attend calls, day or jiitit. IUuituee, I'eacntree screei. TIL CL O. WHITCOMB, PRACTICING PHYSICIAN, :o: ilCBPHr. J. v. :o: B MAYFIELD, 31. D,- PHYSICIAN and SURGEON, MUKPHY, X..C. Will attend promptly to all profes sional calls. DR. W, S. M -COMBS, R:su)Kt Dkxtist, MURPHY, NOIiTII CAROLINA. Having had several years experi ence in dentistry, ana being well prepared to do any work in my line, I .oner my service to the people of jiurphy and surrounding country. Promising to do their Moi k in the best manner, on the most reasonable terms. N. A. ZIMMERMAN, BOOT, SHOE & HARNESS MATTER, MITRPHY, X. V. ' First-class repair work done at modsr ftte prices. The patrounge of the public respectfully solicited. LBERT E. TONKIN, Fire, JLSj'-1 liuiurdh'ii, 1 JtluKruY, fJT irURPHV. X. c. I represent the best insurance com panies in the country. Your patronage solicited. JNO. DeJOURNETTE, PRODUCE DEALER, -JftRPIIY, : : : N. CAROLINA. J - fBays and sells for cash. Come to see f, or send me your erders. T C BRITTAIN, MEAT MARKET, ilURPHY, X. C. I have either beef or mutton on Tues days, Thursdays and Saturdays. Pa tronage solicited. Prompt delivery. TIN SHOP. t I am now prepared to do all kinds f Tin work - repairing and manu- f.-.etoring Special attention given to buttering and Roofing.- Shop. over Ahe Hardware Store.- , . . . . E. T. KISSELBERG. v-' Mnrphy, K, C. OT 3jSay the il unfne uould Tragedy. T WO J) A 37' COXHUMED m TRIAL. MES. GOULD A FREE WOMAN ,EP tffiw EXLDENC5. rNTRO- DUCED BY EITHER SIDE. . -- . - The Proceedings in Full TheVerdict of the Jury Public Sentiment Incidents of the Trial of This Famous and Noted Case. The State vs. Lilly M. Gould ! This celebrated case, in which all America and England, are equally interested, on account of its pecu liarities, was begun here last Wed nesday. The testimony in this case, as well as a History ana numerous inter views, have already been published, and the public are perhaps eogniz ant of the facts. But, in order to make the proceedings of the trial more interesting to those who have not read this history and interviews liervtoforev we will give, in sub stance, tiie testimony as elicited at the trial. , T The Gould muj(ler cawj , has at tracted a much ittention in Engi land as dil the eehratedJVIay brick ieT-Br'rw.1ii iTOtiiihy at-10 o'clock Wediic&ditjfifernin. ; The acting. SoliMwr, lion. Kopc Elias, of Franklin, was ably assisted hi the prosecution by Messrs. G. S. Ferguson, of Wayneville, and J. II. r Dillard, of this place. The defendant s attorneys were : Messrs. Ben Posey, F. P. Axley and E. B. Norvell, of this place, and W. W. Jones, of Asheville. At this stage of the game, the prisoner, Jlrs. Lilly 31. Vjould, wa brought in court. - She was neatly attired in a black' suit, with l?.ce col lar and cuffs, and seemed to be en tirely self-possessed. Her manner was that of one who seemed to rea lize that her life hung on a very slender thread, which might be snap ped in twain any moment by the arm of law. Her confinement in jail had the effect of enhancing her beauty, and she seemed to be in bet ter health than at any time since her residence here. ' , The State announced itself ready for trial, and the defendant, after calling witnesses, also announced their readiness. The special venire of 100 talismen was exhausted, beside the regular jury, in the selection of twelve com petent jurors, during which time Mrs. Gould evinced much interest in studying the physiognomy, of each juror as he was called up. The fol lowing is THE JURY. ' 7 1. C.G.Price. 2. S. W.Bates. - 3. Aucil Rogers. i. W.M.Pierce. 5. li. P. Hall. 6. B. S Chastain. .7. W. P. Martin. 8. R. A. Harper. 9. T. A. Bell. 10. C. A. Davis. . - 11. Jno. M. Rogers. , 12. J. M. Roper. The jnry having been, completed, the customary oath - was administer ed by Clerk Deweese, after which the witnesses for .both sides were called and took the oath. ' V. The first witness for the State was . DR. "W. O. PATTOJf, . ' ; who testified, as follows : "Did you know Charles N. Gould? Yes, sin I've seen him. ' When did you last see him? I saw him iri June at his house, about 8 a..ra. Bob Ramsey came after, me to go and see Gould. In response to this request I went up to his house and found him bed, suf- fering from- a severe wound ih his right side, near ,tfte abdomn. He was suffering so intensely that he would not. permit father" and myself to probe the wound, which was pro duced by a kmfcvlsHye; op ly made Teruatl-rnwni?Xim to learn the nature o the wound, I asked to see the ingtrument that it was done with. Mrs. (aomrt was present when I : made the inquiry, and said, she would show me the knife. I told her she. need not trou ble herself. She stopped. Shortly afterwards I asked Bob' Uamsey to shoWj me the knife, Which he did." "Is this the knife?" and the attor ney for the State handed the witness a wicked and dangerous, looking dag ger, about a foot long, the blade of which was an inch wide and fully six inches long. "It is," responded the witness. This produced a great sensation in court. Continuing the witness said "that Mrs. Gould told him during the day that she thought it would be so ro mantic to prick him with the knife, as it was a present from his brother, who was the English consul to Sian. Mrs. Gould told me that she was driven to desperation and stabbed Gould in self-defense." The cross examination brought out nothing hew, and Dr. Pattou vacated the witness box. Here the State rested its case, and the defendants introduced the fol lowing witnesses: Bobert IJamsejwa8 the next wit ness called, and testified asy follows I was ' vnhdorcd bv Gould to do ..- run 1117 cii ,i-VH uro.UDU (Ujj.UtlUal-, ..Ul wldle heliinirJJ, my atteuttdii was di- rected towards the house by Cannon exclaiming, "Look there !" 1 turned my ncaci ana saw uomu coming down stairs, stick in hand, alter Mrs, Gould, who was before him. She ran behind me, ai.d then I told Gould if I was him I would not strike her lie then turned around and went back to the house, going up stairs. Mrs. Gould then went into the kitchen," on the first floor, and lay down on a lounge. She was crying. J.'M. Harnett came up on .the hill and asked me what was the matter. Gould was then up stairs, and told me tell anybody that nothing was the matter, should they ask. I. told Barnett, in lieu of anything better5 that she had the colic. In a short while Gould came down stairs into the kitchen, where Mrs. Gould w'as laying oh the lounge, caught her by the arm and jerked her off of the lounge to the floor; then taking up a bucket of water from the table, he dashed its contents over' her, and raised his foot as if to stamp her in the face. Mrs. Gould was crying all the time he was abusing her. I caught his foot and he ' desisted. What took place after that? Gould went back up stairs. Mrs. Gould M'as in the middle of the room, trying to adjust" herclotbesywhich had been partially torn off of her w'hen Grould" jerked her from the lounge. Gould had been gone some 20 or 30 min utes when Mrs. Gould, hal ing re-arranged her dress, also went up stairs. In a short while I -heard loud talk ing up stairs, and thinking they were about to have another fracas, I went up to see about .it. Gould had a walking stick in his hand, with which he hit her, knocking her agiinst the wall, which saved heir from falling. When the had partially recovered from the blow, he then took both hands, drawing the stick back as if to strike her again. " Mrs. Gould then sprang at him and plunged the dag ger in his side. I never saw any weapon until at that moment. Gould was abusing her air the time, using language that was profane and dirty." "Is this the stick with which he struck her ?" said the attorney, pre senting the witness with an English walking cane. The witness acknowl edged that it was, and said he was with Gould until he died. : - On being cross examined the wit ness said "the blow given Mrs. uould with the stick was on Jhe right side of her face and shoulder- a glance Bill Cannon was next callediacrfwit his. testimony was aboi Bb Bamsey's only the stabbing took plac i Mary Woods testifi "I live on Yalley riv of th(. stabbing wa Gould's hcHse. v Lv hear anything of w 'on at Gouhrs ? r saw a load of wood, witl on top Gould ca rd and, drawing his, Gould with it. ' He house, followerl by V 1 Mrs. Gould in the ''ar.J cryi r 5: J Dr. J. F. Abernithy follows: "Did you knf Mi-s. Gould? Yes, sir; 1 about 300 yards from thf state the time and -cf when you were at the was the night - before took place, about 9 o' was at theirhouse. character of Gould for in our midst was ba l-4 town said he was a en He was about 45 years! about 200 pounds.' - J health was good ' Dbcl previous to this difficult make any threats agains ant? Yes, sir; but dbn i i. : if can rememuer uie exas page. fltho I know what he did.t. ed and cursed her the the difficulty."- Defendant's - counsel at I U19 pOlllii. - The State re-called DrJ I ton: t '"'What timn in t --- , WUJ VOU lUlV t MI- a Ll" j with a dagger? -AVitnc t &tX& collect. It "was sotiu-ouS before he died" when father and .iriffti dis .it cussed his case iii tle room vAerc lie wa laying, u e spoke ot JtJivSmg a- serious wound. Did Gbuld"jsk you about the wound? About 4jv m. he asked me what I thought of njs case. I told him it was grave.- lie said, What do you suppose theyWill do with the woman? Lock her jjp in a mad house, I suppose.' Was Gould under the apprehension ; of. append ing dissolution? I thimVhe!w!as, but he didn't say he was going to jdie ." A. W. Axley, was next u upon the' . stand, testifying . as fallows : "State to his honor and jnfjvjf you knew Gould. I did, sir. : Ho V; long did you know him? Since lat June was a year ago. Did you viit him at his home at Tellico, and wljit were your observations of the relawTns ex isting ..between Gould and he de fendant? I did, and saw thattjhe.was kind and affectionate. His i&mean- or and general character wasfthat of a gentleman. State wheth you were at Gould's home after pe was wounded? Yes, sir. Who did you meet there? I met Dr. J. AT,. Pat- ton, and I think Bob Ramsey was there waiting on Gould. . D have any conversation with . d you Jobert d npt, Ramsey about the case? I.,d, sir A. W. Axley re- you if .there wasn't a bruise OK imld's head? Yes, sir; on the right Wide of his brow, about the size of m f numb. Did von . see any bruiser Mrs. Gould? No, sir." i ' ? v J. S. Meroney, Sr., stated tjhat he was town marshal, and, heartng ' of the death of Gould, I airestd the defendant. She had no bruises . on her person, so far as Icould rsoe." Witnesses were; introduced to im peach Ramsey's 'evidence and ,t was shown that tills" witness bcre a bad reputation. ; . : At the fconclnsion of W above testimony, both sidest retef the case and then prep" ritiotisre made for the ; argumeut.Yx :r,' I i ' SYXOPSIS oV .PEECUES ' V Gv S. F rguson opened , fqr j the State in th following laiiguage; wIIe quoted the criminal law on thMcase. The main facts in thi case .i? that the State says Charles N." Gould is dead, and that he was killed , itl deadly weapon. The next;qiIstton question is, who did it? IJy M. Gould. Why did she1 do it?fR is ved to you that she did do It, and ith that deadly dagger. Thdques m lows ;'- tion again arises, why did she do it? She killed him, and, as she did not explain it, it is, therefore, your duty, as honest men,.to render a verdict o guilty. She , has only spoken- of it once,"" and says she v killed him, ' but ttat -she was diiven to it. Wasn'; IT romantic, to stab hliS" with" ill e knife his brother gave him. Human life has, judging from t us case, got lo be worthfess. Hear the Judge's bcharge, and make up vour minds ac it cordmglv. : Any romance in this? Had she stopped at romance, C. N Gould would have been a live man to day and the defendant would be a free woman. Did she anticipate an other quarrel? Where did she get the knife? She must have had it on her person. She didn't have in when in the basement, so far as we know, 1 . V , 1 . 1 out sne naa it wnen sne went up stairs. How was it that the bruise was upon Gonld, and not scratch upon her person? Yet she says it was in self-defense! I don't believe Bob Ramsey's evidence, because there was nothing to sustain his tes timony. Gould was desparately wounded, and would rather die than expose his wife. I don't believe Bob Ramsey saw the difficulty his testi mony convinces me "of this fact. He didn't wnow where she got the knife, or where she put it. ..Why was it she entered the quarrel the second time? . Apply justice and truth to this case as the law demands, and you will do your duty." Hon. Ben Posey, one of the attor neys for the defense, then andressed the court and jurv as follows: "This 5?". case, gentler "erjfnjorl tlemen of the jure, is a mat igrtance- v an. fi ott n.we .---Wore ' von a woman churceu wui nrder, and I say for you to try the case according to the evidence pre sented for your consideration; I don't want to influence yon, nor would have you swerve from your sworn duty, but. we insist that you find a verdict of no quilt v. That the State should be leresented. I do not ques tion, but they have failed, even by their witnesses, to make a case. I will try to satisfy the court and you, gen tlemen of the jury, why she stabbed Gould. " I appeal to you to resist all the arguments introduced by Mr. Ferguson, as they contained no points which should claim your attention. Will he explain to this jury why they only introduced one witness? They unsuccessfully tried to break down the testimony of Robt. Ramsey. Cannon corroborated his evidence, Mary Woods, so far as the scene in the yard is concerned, also sustained him. Did Ramsey tell the truth? If not, then he and Mary Woods and Cannon all lied. He was there wait ing on this nan when he was stabbed, and did not leave until death ensued. Here is the bill of indictment; where are the other witnesses, and why were they, not introduced? The prosecution say they only want to fairly investigate and throw light Upon this case. Dr. J. W. Patton was : the only witness before the grand jury, and he has not come up n that witness stand! - When they can obtain the conviction of this Io nian by fair means, I will, acquiesce. Is that convicting her by fair means, to use ignoble ends? You've got a desparate man ' on the one haud to deal with, and a frail, delicate woman on t-ieother. When you see him on the streets he is a gentleman, and at home, where he should be kind and loving, he is beating and abusing the woman whom he has sworn to lore and cherish -his wife. . Ile follows her up; throws a bucket of water on her, jerks her off the couch and raises his foot to stamp her; How did she get - the. knife? Sne had a right to arm herself and defend her personal liberty. The only time she stabbed him was when deceased at tempted to strike her down the. sec ond time. ' The counsel on the other side wants you to convict this woman of manslaughter or of assault and battery. It is indeed a rare occur rence that a woman is indicted for murder.; Ordinarily they have souie &aQ. to protect her: father, son, broth er or other loved ones. But this fragile wonrin, away from home, in a strange Uriel and among strangers; no one to plcadand take her part, i . r no one to car protection b character, sh4 r 3il neA U ne: ibv, me ninges oi yr es crear jrearik protecting thi seihjk6r womaW Consider all the testimony. If satis fied she killethe deceij;sel,"yxn have a V - yigrht-Mo' . say so you should say so, but you should carefully con sider .the proof of his 'violence to ward. his wife, -ilt any rate, Avehave proved by our witnesses and State's witnesses that the deceased's charac ter for violence was bad, and more especially when he was at home. "A man when he is a gentleman on the streets to his friends and then goes goes homd and abuses his wife, with no one to protect or shield her, is the meanest man that, God ever let Jive, Study all the testimony introduced. Gentlemen of the jury, fancy the poor, weak, tragile frame of JUrs. Gould, dangling in mid-air between heaven and earth at the end of a cruel rope, the victim of a merciless prose cution; without even a friend or rela tive to come forward and say, "Give me her body; I'll give it a decent burial," but it is turned over to the common undertaker of the countv. This picture you can make by fiud mg the defendant guilty of murder. Go go the capitol of your State and enter the common prison and see there peeping out from behind the cold, chilly grates of a felou's cell, a poor female, with despair and woe depicted in ner. face, and hear her say, "I have no mother, whose tears of pity can s--otbe and make soft the pillow on which I lie; I have no sis ter to write letters of sytipath and cofntort .to., dispell' the elf 11 ot these at ountry because I 'eha'vxffdt6 - leferid my own life against the rner- ciless assaults of a husbariu who had swom to love and protettt me. This picture you can draw by finding the defendant guilty of manslaughter. On the otherdiand picture yourselves returning to-night , to your happy firesides, surrounded by the sacred circle of your families, and with your itl le children on your knees anil your wife by your side. See the tears of joy arise in their eyes as you explain low, when taken upon a jury of your country, you vindicated the charac ter and conduct of a woman who had stricken down a brutal husband, who was seeking to take her life; and as these tears of joy flow, you see a hearty approval in them all. This picture you can draw by finding the defendant not guilty, and this is the verdict we expect at your hands. I implore you to so conduct yourselves in tlie trial of this case that, if your utnre life is made up of such conduct, when you fall asleep to the things of this life, you may fall asleep in Jesus, to a iake .where the river of the water of life, as clear as crystal, comes forth from the throne of God there to, enjoy forever the blessings which God has prepared for those who love Him there to realize the words of the poet when he says: How sweet to think that on our eyes A lovelier clinie shall yet arise; ... That we shall wake from sorrows dream lJeside a pureud living streani' Do your duty, and when you; have lone, Mrs., Gould will be a free . and appy woman." Owing to his suffering with mus cular rheumatism, the courtpermit ted Mr. Norvell to sit and make his argument, which was asfollows : 'May it please your honoiy and j-ou, gentlemen of the jury: The circum stances attending this unfortunate affair are as familiar to you as myself. You remember well the s statements of witnesses. Mr. Ferguson, one of the prosecuting; attorneys, has dis cussed them, and Mr. Posey, one of my colleagues, has forcibly presented to you his view of the case upon the same. .Now', in a brief manner, I shall endeavor to do my duty to my client by calling out a fewpoints, and presenting my view of the case. am more than pleased to see that we nave sucn an intelligent jury men of families; for it is to a home or what was called a horns, that we have to go and there find the theme of our thoughts, and only. such , men as you are competent judges of do mestic, relations, particularly the re lation! of husband and wife. I shall j not attempt an3-thing like eloquence,, ; mt talk with vou as though we were aid your firesides. Before going . i a . t. t.. x lev me niv uiai utnirnow to I and ffver I "shall maintain 'A je dete 11 v M. Gould, in self-defenl case ycr. mit5 as.vtrfts'yout yourselves 'in the sitnatrbn fcudant on the day of the occaf itee of this unfortunate affair. Yon have a right to take into consideration the relative size and strength of the de ceased and the defendant. We come to the culmination of this affair; You know the circumstances sufficiently well. From the description of the room, given by Ramsey, for the de fendant to hive attempted to pas. out of the door by which she enter ed, she would have placed herself in had to pass by the deceased, who was . at that moment assaulting her with a stick; and I submit that she would have been justified in k di g h.m then and there. Here the attorneys for the State are crying for this wo man's blood. - How are they tryiug to get it? Who are the eye witnesses to this affair? Mary Woods, Wm. Cannon and Robt. Ramsey. They are the witnesses who should have been put before this jury by the State. Never before have I known the State to go so far as this in try ing to get the blood of a defendant. T had always conceived the duty of the State to do justice to all parties, and if the evidence of the eye wit nesses would acquit, why then let it do so, audVthe State, would be satis fied. - They kept an important wi- frreak ''-utB'n. the tetuniouy-df oul v- witnesses simply because they were r -t V . . : " - "... 4- l Let me sav that should you find the defendant guilty, and there remains In your minds any . doubt, you will be forever haunted with the thought of possibly having done the defendant a lasting injus tice. As my associate, Mr. Axley, ; will follow me, I will, without say- -ing more, leave the fate of my client with you, for I feel that you will do'" her justice by returning a verdict of not guilty." Col. F. P. Axley next spoke in the following language: "There is one view of the case that all can be con gratulated upon. All differences of opinion and complications are recon ciled. It has narrowed down to the home ot C. N. Gould. The facts are concise. This evidence, short as it is, has narrowed to that little compass. . The doctrine of self-defense is that you shall not take, one step where you place your life in jeopardy. The State ha, made its case on Dr. Pat ton's evidence. There is no use to rehearse this testimony. Bob Ram sey is the only witness that knows anything about this case. He is the only living witness in the transaction. No man, white or black, can concoct the kind of a story he tells and not be be caught up with. He tells the same story all the time, even under the cross-examination of the learned prosecution. He alone kuew tf the transaction. Truth will pre-. vail anywhere. He ""WQfifd haW broke down had he not bee u an eye -witness. His testimony was intelligent-and convincing. Mrs. Gould could not have yielded a step without endangering her life. She had a right to strike, no matter where she got the dagger, under the brutal . assault of her husband. A similarity of positions with you would have no doubt resulted the same. She had been driven down stairs, and where should she go" but to her room. She had a right to look for other treat ment from her husband, whose duty it was to protect and sustain her in the trials of life. She had as much right in the room as Gould, she had a l ight to strike if she had any re gard for her life, no matter what with ; and where she got it. Suppose Ramsey is a bad character. . Can't he give a simple and truthful statement ' of an occurrence as he saw it? This he has done Cannon substantiated , what he . said. Can there be any possible motive to induce these men to tell the same stbiy? A man never Continued ot fourth page. 1 V .' . 7 "' i ( i V-