Newspaper Page Text
F. R. FILDES, Editor.
VOL. VIII.
PROFJXWONAL.
JDK. E. A. JELKS)
Practicing Physician,
QUXTI&Ajtf OA.
Orric*: Brick building adjoining store ot
llrestte. Brices. Jelks A Cos., Screven street.
Jsnukty sf. 1*73. 5-tt
' JAMES H. HUNTER,
jttornfij anb Counsellor
QUITMAN, CA..
P&- Omen, IN THE Cocrt BoWB.'SA
Msrek IT, 1871.
K. B. Banket S. T. Kixusberkt
BENNET & KINGSBERY,
ATTORNEYS AT LAW,
Qt i MSN. nnooKs Covxtt, Georoi*.
February 7, tx73 «
' EDWAKDR HARDEN,
ATTORNEY AT LAW,
QUITMAN. GEORGIA,
Office, injtbe Court House, second Boor
War I«, 1872. IT
DENTISTRY.
Dr D.L’MCKS,
TTAVISO recently . A j
migh Course of Lee
tores and graduated Q7S& r -f z ,
at the New Orleans '
Rental College, t)M "liySMEBEOTJm-sfc
returned to Qnitman, zjgeSiaSiJAtSiisrc
and reopened bis of- ireMMBBwraNWvV/
Thanktul to friends ’ • -
and patrons for past favors, he will be pleased
to aerve them in future. Good work and mod
erate charges.
March 14,187a. 11-Ora
Da J. S. N. SNOW,
D E NTIST,
QUITMAN GEORGIA
1) E&PBCTFULLY solicits the
1\ patronage of the Citizens
tkmjlcs county, and will endeavor.
by faithfully 'eXittutln* all work entrusted to
biu». to merit their c nfidence.
Charpef* moderate, and work guaranteed.
Office, up stairs, over J. Tillman's store.
March 21, 1873.
Miscellaneous.
QKTMAN DBIL STORE.
McCALL & GROOVER,
DV.AI.KUS IN
1 irugs, Medicines,
Palms, oils, y&L
VARNISHES I>‘t* St»ff*. mHßfc%
R RUSHES Pei fume,-
rv. Toilet Article», rt-c.
Notify the public that they will Weep on hand
e? replete and fresh sUicks, and sell the same at a
reasonable profit.
This is Exclusively a Drug Store, and the en
tire attention of the junior member of tbo flna
will be given to the budtfess.
We reapecttuiiy solicit the patronage of the
public. .
Quitman,Feb. 2,1873. ly __
DR. m. e. WIIJCINSON. ns. A. n. SMITH.
URGE DRUB SIGN.
WILKINSON k SMITH,
on band a
MEwcmEs
Also, White law]. Varnishes, Paints and Qils,
Soaps, Tobacco, Segars, Toilet Articles, &c.
AM of which will be sold on reasonable terms.
Prescriptions carefully compounded.
Qnitman, Ga., Jan..3l, 1873. 6-ly
SAW & GRIST MILL,
3) Miles from Quitman.
BOZEMAN & LEWIS.
rWTAKE pleasure in notifying the pnblic that
1 then have still in operation a first-class
Saw and(Grl«t Mill, in a fine lumber section of
Brooks conntv, and only 3) mi es IromQuitman,
on the Talioka* public road, and arc prepare.)
to furnish every kind and quality of Lumber, at
short notice, but exclusively for cash.
Wc will grind only on Wedtoimt and Sat
sxDATofcacb week, and we guarantee good
meal.
The following are our prices for Lumber :
e For General quality of Lumber, cash on de
livery, *12.50 per 1000 feet.
When payment is delayed exceeding 30 days,
the bills will be immediately sued without fur
ther notieejto parties.
For special bills, where all heart is required,
the price will be *15.00 per 1000 feet, Cash.
These prices will be strictly adhered to.
Wo solicit the patronage of the public, and
will endeavor to give satisfaction.
February 14, 1873. _ 7-3 m
Cotton Gin Repairs.
FWIHB undersigned is prepared to repair ana
A place in good order Cotton Gin*. Saws
sharpened and Brushes filled, so as to make
them as good as when new. Will visit any por
tion of the country, when notified that se vices
are needed J. R. PALMER.
Quitman. July 2fi 1872 20 tl
vs ten gallon Iwrd Cans at Two Dollars and
t itty Cents per can. Chespcr than ever before
offered in this market. e 1 ts
ftottirafi
(Written for the Quitmnn Banner.; >
u SOME I>AV.”
Gbd’» ways are not our ways !
Oh. no! A thou wand thousand noes.
Fill all my heart, and cr«wd in all the days,
And say to me, His ways are not our ways.
Some happy dream laid by to rest,
In memory’s casket, to be its test—
Too sweet, perhaps, to e'er have beeq, confessed,
Keeps ever murmuring in my breasl:
God’s time is not our time! How more than true,
And yet when all is doile, and we are through
This weary walk, what matter will it be,
That no Qreat joy found ever you and me?
That on tl*e tree of )Us our hopes hung green,
Nor rlpVned bver? still glad hours we’ve seen,
In its blessed shodc, and in God’s own way,
To frtd* eternal; they will grow ‘ Some Day;”
when all of earth has passed uhd we are clay,
Our spirits will immortal be—“Some Day.”
Lionel.
QuUttlttn, April 8, 1873.
HttsceUaneottSu
THE GALLOWS.
Tltc Kxecntion of Spann.
IGNORANCE, LUST AND MURDER.
Two Attempts to Drown iiis Wife.
Finally Chokes lier to Death.
SUSANS PARTIN THE TRAGEDY
FLIGHT OF THE MURDERERS I
WANDERINGS IN STRANGE LANDS.
Suspicion Tracks them Everywhere.
LAST ACT IN THE DRAMA.
The Drop into Eternity.
On Friday, the lltli of the present
month, E. F. Spann' paid the extreme
penalty of the law, at Preston, Webster
enmity Ga., for the murder of his sick,
helpless and crippled wif*. It was an
extraordinary and revolting murder, ana
hud excited great interest throughout
the entire country. We are indebted to
the Atlanta Sun for the following mil
line history of the parties and the case ;
Evocit Ferdinand Stann
was Wn near Bainbridge, in Decatur
County, G(l. II jp parents were po n, but
ot fail standing, both of whom died in
his early infancy, and Ip* was sent to the
house of his piittirttal grandmother, in
Jefferson eottnly, to be brought up
From some cause, which we have hot
learned, she did i.r t kftep him long, and
at the age of four years, he was sent to
the house ol Richard Pendry, bis cousin,
in what was then Stewart, but now Web
sD-r eoumy, some lew miles North of
where the town of Preston now stands.
He was without home or friends, and
Mr. Pendry took him to his house to
raise him as one of his own children.
This, it is said, was in the year 1839,
which makes Spann about thirty-eight
years of age.
Ue was a strange creature in hig hab
its and disposition from the first. Mr.
Pendry astit him to echool a year or
more, but be would not learn, so he took
him from school and sent him no more.
He wag full of boyish deviltry; was
overbearing among his associates, es
pecially with those a little under his
s’ze and strength. He, at an early age,
formed a filthy and disgusting habit of
eating dirt, which made him pale, feeble
and sickly, so that be was unabe to work
on the farm. He spent bis lime mostly
in solitude, and "talking to himself’'
aloud, bolding conversations or disputes
with an imaginary companion, or recit
ing some marvelous story—the creations
of hjs imagination.
PLAYIftO HANGMAN.
But the most curious and suggestive
of his childish sports or habits, was his
amusing himself by playing the part of
an executioner or hangman, in which a
jog was made to supply the piaceofa
feion. When very small, before be came
to Pendry’s bouse, he had witnessed the
execution of s negro. It was oue of the
earliest things he could recollect, but the
scene made such a deep impression on
bis mind, that he retaiued all the tninntia
of the terrible scene; so iu bis solitary
habits at Mr. Peudry’s, while spending
his time in iJleness, because he was too
stupid and inatteutive to his books to
learn anything at school, and too feeble
physically, on account of his disgusting
dirteating, to work, he one day Saw an
empty half gallon jug in Mrs. Pendry’s
smoke-house, aud conceived the idea of
! pronouncing it a murderer and hanging
! it. Accordingly he made a roughly can
! strutted gallows of small dimensions,
jHe procured a small cord, making a
; noose on one end, which he placed
j arooud tbo neck of the jag, which he
! would place on the platlorm beneath the
1 gallows. He would then touch the trig
i ger—the platform would fall and the jug
would be dangliug in the air, at which
Enoch would exultingiy exclaim, ‘lhar
! uow, yon rm-cal, you’re hung; what did
yon kill that man for?' and proceeded to
1 hang the jug again.
1 It is not probable that he supposed,
while thus playing tbs part of hangman,
hESSs Shall the press the people’s rights maiwtHin, unawed by tear and unbribed by gain
QUITMAN. GEO., APRIL 24. 1873
khtU lie would Jet piny the conspicuous
part he has upon the scaffold, where the
work was real, arid no child’s play—
where a real hangman would pluy the
part in a real tragic drama, which he
was then psfjbrming in spurt
Numerous and fruitless efforts were
made td induce him to .leave ou his dis
gusting habit ot dirt eating. Finally,
as a lasi resort, he was severely flogged.
He had to be "Leateu with many stripes”
before he reached the point where be was
supposed to be thoroughly subdued, inuk
ing earnest promises of reform; but
while the matter was in hand, in the
hope of making the matter more certain
ly effectual, Mrs. Pendry made a mixt
ure of powdered clay aud molted lard,
which they forced him to swallow in
such quantity that it made him very
sifck, causing him to vomit quite freely.
It bured hl'tii He ate hd biotb dirt, but
it sotired him totvard Mr. and
his wile, aud increased* his moroseness
and melanohadic temperament, and bis
love of solitude.
But this unpleasant feeling caused
him to leave Mr. Pendry’» house when
fourteen years old. He went out in the
world alone, without money or friends.
When between fifteen and sixteen yours
of age he was married to Miss Sarah
Perkins, who was born and brought up
iu Bibb county, and who was then thirty
years old. She and her parents before
her were very poor, hut wero respecta
ble.
Spann Was a (aim laborer nearly all
his life. He was not thrifty, hut a little
mores so than most of his class
He never owned any laud—never had a
house, but generally cultivated other
people’s lands on shares. He always
kept his crops in better coi dition and
always made better crops than almost
any one in the neighborhood. He kept
such luxuries as sugar and coffee all the
time, and occasionally purchased for his
wife a calico dress and sncli articles ol
finery as comported with the same, while
Ids wile carded, spun, wove, and made
his clothes, and he always had better
clothing, mere nicely made, and cleaner
shirts than others who had no more
property. Ho seemed to b * devotedly
attached to her, and to wait upon and
attend to her wants most tenderly. In
her first confinement she was attacked
with "milk-leg,*’as it is commonly term
ed, winch became so scrithls that her leg
had io be amputated and she ever after
wards Went on crutches.
They had several children, only one of
whom—a daughter—lived to be grown.
She married a few years, ago, and soon
alter died; so Spann leaves no posterity
to suffer the stigma of his disgraceful
end
Spann lord tin known bad habits. He
was a consistent and a leading member
of the Baptist church for many years— _
part of the time a Deacon. He often led
in public prayers and exhortations, and
had prayer in Iris family.
Alter their daughter married,
it waG necessary to wail on uni
assist Mrs. Spann. She was be
coming vel*y feeble arid subject to'occas
ional spellfi of sltjltrless and confinement
in bod, besides Having one leg. Several
were employed for this purpose), aud fin
ally, in December, 1811, Miss Susan
Eberbart, then aged sixteen) came into
his house to render this Assistance
Miss Susan was a well hearty
girl) but exceedingly poor and illiterate.
Her lather and mother had a large bouse
full of children—mostly girls—whom
they brought op iu the greatest poverty
and ignorance. They had no education
—had never mixed iu society—not oven
in going to Church aud Sunday-School
It seems that there were uo vices or im
morality in the family.
Susan was sent to Spam's to relieve
the overburdened poverty stricken pa
rents of some of the expense of support
ing their house-full of girls. She wav
to do the cooking and washing for tiie
family, to be led and treated as one ol
the family, and have the benefit of al I
she could make by spinning—Spanu fur
nishing the cotton for this purpose.
She diacl.arjred her duties faithfully
and was well pleased with her n<*w lionid
Spann and his wife were both very kind
to her, and she to them. Spann bought
her a calico dress ai.d a pair of cloth
shoes*—the like of which she never had
before. Thus days and montfis passed
alojig.
But after a while Spann began to
make improper advances towards her*
If she had overbad the advantages of
the commonest education or culture, or
had mingled in society, che would in all
probability have acted properly; but it
is quite likely that she never had « bean.
Instead of indignantly leaving his honse
and telling her mother, she remained and
kept it to herself. Sue was thuklnd of
creature most easily ruined bv a assign
ing scoundrel. Finally so far yield
ed to his suit as to tell him she would be
willing to marry bim, if bis wile wore
not living. He said if that Were all, she
could soon be put out of the way, Susan
asked how that cou'd be done. He said
be would kill her. Susan toll bim to be
ashamed of himself, and never speak to
her in that way again. Sim. however,
did not leave, but remained and kept all
to herself. Spann pressed his suit, and
finally brougbl her to the poiut of listen
ii.g to propositions to get the old lady
out of tbe Way, and it would seem that
plans lor this purpose were discussed,
canvassed aud considered by them.
Finally it was agreed that ou tbe follow
jug Sunday they would all start for
going from there to Susan s father's
church, with the avowed intention of
house and tilting dinner nnfl* then re
turning home; hut that means would he
contrived to diown the old lady in
Slaughter creek, which had to be gross
ed as along. Tho Creek had
been greatly swollen by heavy rain and
the flood hid washed out a very deep
place in the common ford, witli which
Spanh Wdssacquainted.
Accordingly he attached a couple of
mules to his little wngou, and thg two
women got into it, seated on chairs plac
ed on tbe bed of the wagon, while Spann
mounted one of the mules to drive* and
thus they started. As they npproached
the creek, according Under,
standing, Susan got out of the wagon to
walk a fool lag across the stream, and
make her way on foot along a narrriw
path through the wide, heavily timbered
swamp ou cither side.
Spfinh told his wile tbfi freshet had
washed out a deep hole in thu creek; that
the wheels of the right side Would pass
through it; and for her to move her chair
close to the left side and brace herself
against pitching out. In this he pur
posely misled her, for the deep wash was
on tbe left side; and while she was lean
ing as far to the left as possible, and
bracing and clinging against a full, the
left wheels ol the wagon suddenly plung
ed down tp a great depth in the wash,
and the poor, feeble, helpless, crippled
old woman was p'nnged head foremost
Into water five or six feet deep I
®Spann, well knowing what would oc
cur, did not look back, but seemed to. be
absoibed iu the business of safely guid
ing the tedm through the narrow aud in
tricate part of tho ford.
Just before this catastrophe "Susan's
heart tailed her” and she was close at
the rear ol the wagon lor the purpose ol
saviog tho woman’s life. When she fell
out Susan went to tlm edge ot tho deep
water, was able to fetich the woman’s
clothes, and rescued her from drowning.
At that moment some negroes hove in
sight, wlm were coming .to meet Spanu.
They witnessed tjn* whole scene. They
at ouce cried out loudly, with violent
gesticulations, “Mr. Spann! Mr. Spann!
dat woman fell onteu de wagon into the
creek, mid ig geten ' drUwtu dI” lliis
forced him to look back, which he did,
lust jn time to see Susan pulling his
wifi out ol the creek.
The next plan was to drown Mrs.
Spann at the cow pen, one evening, iiw»
barrel ol water, which Spann bad placed
under the eavps of the stable, to be filled
for ttys purpose when a heavy ruin had
fallen. Spa> « believed be could plunge
her head foremost in the barrel and
drown her, and she could not raise ar.y
shriek or aluittl. VVheu the time lor ibis
work was at hand, Susan’s heart failed
again. She begged Spann out of the
notion at the lirnc, and the hellish work
was postponed.
The next arrangement was carried out.
It was agreed that should stran
gle or choke his wifo to death on Satur
day night, the 4th day ol August, 1871,
while asleep, believing it could be done
without leaving any marks of violence
upon her. He was to inform the neigh
bors the next morning that on J rising he
had fouoil her dead, and that she had
probably died of asththa, (to which it is
said she was more or less subject,)* dr
that she had suddenly died of her afll c
tions—for she was then sick and had
been confined* to her bed for a number
of days. Miss Eberbart was to go home
to biff father’s honse and remain two T>r
three weeks, when they were to bo mar
ried, and she would return to his house
as his -rifei
Saturday evening cattle, a fid with it
came Mrs Blakey, a widow lady whose
house was not more than silty or sixty
yards distant,'iud two young ladies by
the name ol Cochran, who cable to. "sit
up” with Mrs. Spann, on account of her
illness, according to the custom of neigh
bins in the community of visiting those
who are in anywise seriously ill. They
remained until about ten o’clock. Mrs.
Spann had considerably improved during
tbe day, and early iu tbe evening had
gone to sleep aud was resting well; there
fore Mrs. Blakey nod tho Misses Cochran
returned to Mrs. Blakcv’s house.
After these lady visilors had come to
his house, just about dark, Spanu went
to the stable uud brought a plow line
with which to strangle his wife, and put
it where it would be convenient. Ue
went and returned whistling, just as il
he were gay, merry and happy.
Miss Susan retired to bed at an eafly
hour and went to sleep—perhaps she
was fatigued from waiting o.i Mrs.Spann
fer several days while she was sick.
When the visitors left Spann was sitting
alone by his hearthstone.
lie immediately set about the work in
hand—that of murdering bia wife. lie
first ascertained that his wile was sound
asleep, and then put the rope round her
neck, having a noose on its end, without
disturbing her slumber.
Here tbe testimony, aud the best in- I
formation that Can be attained are con
flicting. One versiou is that lie then
went to Susan and told her to get up, as
everything was ready and bis tvdo last
asleep; that she rose, put ou lief dress j
and went with him to the bedside; that
Spaun carefully fixed tbe rope in bis
baud so as to draw tire noose tightly:
rouud her neck aud preserve bis grip ;
firmly; that he sudddetlly tightened it,
wheu siie gave a spring aud shrieked
I out, “O, my!" but the rope was tighten- ;
ing aud she cou'd gay bo more. He
called to Susan to pilt it in
her mnlith. She spread it over her face
and held it there with her hands, and
Spann, not being satisfied, pressed it
down into her mouth between the girl’s
fingers with one of his hands, while he
held the rope tightly with the oilier; that
Susan became sick and was about to
faint, when he told her to go hack t" bed,
which she did, and soon after fell asleep
again. i
Another version is that when Spanri
called on her to put the handkerchief in
his wife's niquth, 'she only tossed the
handkerchief to him, nfffl he put it in.her
mouth, and that .she vva i most probably
in berLpt the tithe’and did not rise from
it. What the exact facts ate wo know
not.
■ Spann maintained hin grip.fill the last
struggle envied till the last nerve had
ceaftea to rjuiver and the heart was still.
VV hen he knew that she was certainly
dead, he relaxed the rope.
The house was a small hewed log cab
in, say 18x20, having only one i'Ootti,
with two beds in it—one iu each corner
of the back end. The girl was on one
of the beds and the dead body of Mrs.
Spann on the other. Spann, alter some
time, disrobed himself and retired—not
to rest beside the dead body of his mur
dered wife, but to the bed whereon Susan
was theti sleeping.
About Uvo o’clock they both rose to
take observations and arrange every
thing properly. Spann removed the
rope from Ids wife’s neck, when both
were terrified to see that it had made a
deep imprint, which remained, and that
it.was badly “blood-shotten,” showing
too plainly that death was Caused by
violence. Spann kindled a fire, and Su
san heated Some' water, and they tried
to remove tho indentation of the rope,
and the lilood-hhotten appearance, by
washing lier neck with the water, hut
the more they washed tho worse was the
appearance. When this fact was fully j
realized, flig'hl was immediately resolved |
upon; so hastily making a bundle of aj
few articles of clothing, tind aboutadoz
On plugs of tobacco,, which were in the
huvpo, they departed about 3 o'clock in
the morning. They took the main pnblic
r *od, passing through Box Ankle about
daylight, and*through Lumpkin about
•noon, and reached Florence, on tho Chat
j tahooche**, al night. They went to tlm
[ house of Mi*. Canflman, !t man who had
| lung resided in their neighborhood, and
j knew them both very well. Spann told
him his wifo was dead* that ho had mar
ried Miss Eberbart, which enraged her
[ lather and the familXfcWho were seeking
In kill him, and lie 4k fleeing with hl*r
for his life C'anffman did not believe the
tale. Uo noticed that they were talking
low aud communicating with each other
in a whisper a great portion of the night.
They left next mofning before breakfast,
crossing tlm river in a fefrv-boat Soon
after daylight, lie felt sure CoLhething
was wrong, but nattlraily tl ey
were running away. He did not think
of such a horrible thing as existed.*Tbev
went into a neighborhood settle ten or
twelve miles Northwest and Died to hire
themselves out to work on a farm —their
object being to earn some money, take
the lailroad, and get away more rapidly.
They found many persons wanting to
hire help, but no oue liked their appear
ance. Finally they found a Mr. Gordpy,
whoso crop was greatly suffering for
work, and who, notwithstanding ap
pearances, agreed to hire them. He
took them to his house at uight—was to
keep them there fot;a day or two till he I
could fix them up some \Vay in an empty j
oahin ho had, and they were to work for
him during the season.
Mrs. Gordey was greatly displeased
with their suspicious looks, and told her
husband she could not bear for them to
stay in her house a moment after they
could be sent off. So noon as they had
breakfasted next morning, they wero dis
missed .
From there they made their way to
Glennville, Ala., where they went to the
house of Mr. Sam Eberhar!) a cousin of
the girl’s father, with whom they lartied
all nighl. I'lmj* told him the same tale
they did Canflman (which liny tld
wherever they went) but lie did not be
lieve it. Their appearance was against
them. Spann inquired the way to Eufau
la, where lie said a kinsman of his resid
ed, and Mr. Eberhart accompanied them
some distance Hie next morning to put
them on the right way and gave them
plain directions. After he turned hack
they did not follow the road more than
a quarter of a mile before turning into a
plantation through a large gate. By this
time the gil l was broken down and foot
sore, and could scarcely make any fur
therteadway. They wandered about
in the great rich (Jowaga valley, some
times lodging with negroes and at other
times remaining in tbe woods nil night.
At ono time liny found the railroad from
Enfaola to Montgomery, the track ot
which they took and Walked on the crons
lies seven miles before seeing a human. '
They I mud two track luhoreis* whom |
tlipy told they were going to Clayton,;
Alabama, and Wished to know it they i
wore on the i iglit railroad track. On
lining informed they were not, they told
the came they did to Cmiffiiian and all j
others. These poor laboring men be- j
lieved their story, expressed much sym
pathy, gave them something to eat, and
walked with them several miles to show
! them the track of tho railroad they wan- ■
: ted to find, which they tlieu followed for
fifteen miles. They finally crossed Pea
River and made their way to Coffee
[52.00 per Annum
NO. 17
county io the house of Mr. Sam Harris,
(mother's brother) of MiSs Susan, reach
ing there Satnrdoy evening after tearing
Webster county the Saturday before,
having traveled about 125 miles. They
remained HArriß’ till Monday. t T,ho
same old tale was told, but their appear
ance was not satisfactory. They saw
that they were not cordially welcomed
nnd began to plan to got away. So op
Monday morning Spann went td drip of
Harris’ neighbor, and engaged for filHl
ftelf and the girl to work for him the re
rt!hinder of the year, and begin the work
in a few days, returning to Harris’ be
fore dinner and reporting the engagement
he had made. The object, however, was
to leave Harris’ to go to the house of the
man Who had hired them, and as soon av
they were out of sight to turn out of the
Way, hasten back to Pea river, and there
in some way secure SOino canoe ot other
small craft, and in it, df nigiltS; float
down stream (hiding in the swaiilps in
day time) to sorrie point near the corist,
either in Alabama or Florida, aml there
settle down in obscurity;
After dinner Spanil Went into Mr. Har
ris’cotton field, took a hoe and tVent to
“chopping out’’ cotton for the remainder
of the day; but thateveuing, befdro stip
down, his prirsucre overtook and captur
ed him. They carried liiin to Harris’
house and there made Susan prisoner al
so. No resistance was offered, and
Spann voluntarily made a full confession
of the killing of his wife, giving ail the
details from its first inception to its cdtl
snmation, including tho history of tlirilr
travels. Susan also made uonfestibn
(so tlieso witnesses testify) of her par
ticipation in the matter to an etttrint that
caused the jury to regard her as particept
cnmittlti in the terrible tragedy. Too
testimony on tho trial of each one separ
tritely consisted almost wholly tis Wliat
these pursuers and captors swdre they
had confessed them.'
They were overtaken arid arrested thq
ninth day after the crime; were brought
back and committed to jail to await liib
next meeting of the Superior Court.
When Spann was arrested, be told tbSi
pursuers that be ami Miss Ebarlisrt wore
married; that they had obtAintid license
and were lawfully married in Ste Walt
county while passing through, and she
also said they were married—so thoie
who captured them state; and Spanil
complained bitterly to theiil because
they were kept separate and nriartt allegi
iug that they were mariied and ibhjr bid
no right to separate thorn from eacli
other.
In a day or two after they were thrust
in jail, Spann serif ft)l' Hon. James M.
Clark, tlie Judge of the Superior Coart,
saying he wanted an early sitting of tho
] Court, as ho desired to be tried, convict.
| ted and liuug dB quickly ns possible.'
! The Judge did ntit gti to sec him, and bo
sent for him again, and then again, most
urgently requesting him to call arid see
him, wherenpou the Judge visited them
in the jail, on which occasion Spann ’reo
ly confessed his guilt and lbs willingtlesfl
to he bring for it, and ho earnestly Urged
an catty trial, that the Judge called an
extra seksion of the Superior Court for
Webster to assemble on the 27th of May.'
On that day the Grand Jury found true
bills of indictment against both, charg
ing them with murder. On the 28th
Spann was tiicd—the jury rendering a
verdict of murder, and on the 29th Miss
Eberhart was tried, resulting in a like
verdict. Ou the 30th they were both
sentenced to be hang-d on the fifth day
of July-following. SpdnH ertlpldyed no
lawyer and made no prepardtluh What
ever for the trial. When i/is tiriso was
called Messrs llarrell & Son volunteer
ed to defend him, and at tbeir r< quest
Thos. If. Pickett, ot Preston, agreed to
assist thelfl in the defense Hu had al
ready been employed by Miss Elurtiart's
father to defend her. It was with diffi
culty they could induce Spann to plead
“not guilty" to the chrilgd- He seemed
to desire to be hanged ami have done
wilii his existence in this world. In Su
san’s case a motion for anew trial was
made and overruled, and an appeal ta
ken to the Supreme Court, but no such *
motion nr appeal was taken in Spann’s
case. The defense set up by his coun
sel was iimunily, and thoy urged that
no sane man coulu commit surli a dread
ful ciimc without any provocatidn.- The
Judge charged the jury on the pICS and'
tho law of iusanity: First, that MiG law
preaum and every man sane until ho ws*
proven to he insane; and, Second, tf.at
in order to plead insanity as an excuse
for his crim-, Spann must show that
when he killed his wife be did not know
what he was doing—did nut know rftp
be wrong, and did not know lib Worild
l»e punished for it if it were found dut.
The Governor Was petitioned to com
mute bis senteuce, arid refused; but oil
the 4th day of July, be reprieved him for
twenty-one days, till the record of tlia
case coo'd be seut op otl ripeal to the
Supreme Court for review. The Gover
nor telegraphed his action to the sheriff,
ordering a postponentCut of the execu
tion till the 26th of July. Whorl the sheriff
communicated tit's to Spann, he manifest*
ed no joy whatever, but quietly said
"VVelli any way.”
This reprieve Wae granted ift dfrier
that the Case could bo brought before
the Supremo Coort provided that body
would entertain it, (tor the time within'
which a bill of executions could be filed
i aud then carried their nuder the law bad
! passed.) Accordingly a mass of evf«;
I denee was laid before the court, going
! [Continued on fourth page ]