The Quitman banner. (Quitman, Ga.) 1866-187?, April 24, 1873, Image 1

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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 ]