User:Chadrob42/Daniel Dean Trial Scott County Va

The Daniel Dean Trial of Scott County Va was a trial that took place in the town of Estiville (Gate City)Virginia in July of 1877. What makes this trial unique is that it was the first and only time that an individual was convicted of murder in the state of Virginia based solely on circumstancial evidence. On June 25th, 1877, Henry Fugate was found shot in the back on his farm while plowing his fields. The farm was between Nickelsville and Estillville (Gate City) Virginia. Relatives heard the shot, and saw Fugate’s plow horse galloping across the field. They found Fugate laying in the field. He was conscious long enough to tell them that he had been shot from the tree line that bordered the field. Although the wound was fatal he lived for two days, but was unable to be revived. Suspicion fell on a neighbor that lived no more than a half mile away, Daniel Dean. Several months ago, he and Fugate had a falling out, when Henry Fugate and his father were going to testify in a perjury case against Dean in July. Daniel was arrested, but before he could be taken to Estillville jail he escaped and attempted to make a run into the mountains. He was then captured and taken straight to the Estillville jail to await trail. Because he tried to escape, many of Daniel’s neighbors believed him guilty. Why else would he make a run for it unless he was guilty? He was represented by the best defense attorney at the time, Patrick Hagan, who named founded the town of Dungannon Va. Patrick Hagan felt that Daniel was so innocent that he refused to work for any money. When Daniel was first tried it resulted in a mistrial because one of the jurors believed Daniel to be completely innocent and voted for an acquittal. . It was J.R. Wilhelm. Wilhelm was running for Scott County Sheriff at the time. He would be elected before the sentencing would be carried out, and would be the source of the Estiville Curse. The second trial resulted in a mistrial with some unusual occurances. A witness was paid fifty dollars by a lawyer who was his uncle, if he would testify against Dean. When this became known the uncle fled town and didn’t return for over twenty five years, leaving his nephew to be sentenced for three years for perjury. The jury in the second trial could not reach a verdict. The court fearing that the community was starting to take sides sent for a jury outside of the county. A jury was selected from Washington County and the case was tried in May of 1878, almost a full year later. In the third trial the prosecution presented several witnesses who testified that Daniel told them that Fugate would get what was coming to him. It was also revealed that Daniel Dean had borrowed a rifle from a neighbor named Franciso. Deans own rifle was left at the Cleek Store (a gun shop at the time) in Estiville for repairs. The rifle was a large bored rifle with a square barrel. This rifle would prove in court to be Deans undoing. Police officers at that time examined where they believed the shot came from and located what seemed to be a square indention on a rail. Police felt that the shooter sat on the ground behind a bush, and rested the rifle on the fence rail to steady his their aim. When the Fransico gun was placed on this indention, it matched. The bullet pulled from Fugate’s body had a similar weight to the bullet that the Francisco gun fired. When this gun was sent for by court officials Dean swore that it would not shoot, because the trigger wouldn’t stay cocked. Examination of the rifle proved that Dean had fired it and that the trigger was recently tampered with. Deans two boys testified on his behalf. Both boys swore that they were with their father on Monday morning when Fugate was shot, and therefore he couldn’t possibly be the murderer. Yet, the jury didn’t buy it. Dean was convicted all on circumstancial evidence. All of the evidence that processecutors presented was circumstancial. They said that he was within the area at the right time, the right place,  that he had the means, opportunity, reason to commit the deed. On top of that he tried to escape.Patrick Hagan did everything that he could to save Daniel Dean. He gave an eight hour speech in defense of Daniel, but to no avail. When the sentence was handed down that Daniel was guilty Patrick Hagan appealed it to the Virginia Supreme Court. The high court ruled upheld the ruling of the county court and based his conviction solely on circumstantcial evidence. Patrick Hagan swore to the court to never be part of another criminal trial for the remainder of his life. J.R. Wilhelm, the juror from the first trial that voted for an acquittal, was now the county sheriff. He was given the order to carry out Daniel Deans hanging, and he felt that Daniel was innocent. Half of the community did as well. Legend has it that he offered a deputy $300 if he would hang Daniel Dean. The deputy refused on the same grounds. Wilhelm was lived. The hanging was not pleasant as far a hangings could go. Rather than go the Hanging Tree peacefully Daniel Dean went kicking and screaming all the way, much to the horror of those present. Worse yet, Daniel’s two boys were present and were screaming for their father. Daniel professed his innocence right up to the moment that he was hanged. He was made to stand in the back of a wagon with a team of horses. Wilhilm stood with him in the wagon until the noose was around his neck. Dean sobbed as the minister read him his last rights, begging them not to do it. Then suddenly without warning to Wilhilm slapped the team of horses connected to the wagon. They lurched forward, and the deed was done. Wilhilm was so mad that before they could cut Daniel Dean down that he turned on the crowd. As tears of anger came from his eyes he shouted that the town was filled with nothing but, “Yankee Demons from Hell”, and that God would destroy them all. Some say that he immediately left town and was never seen again, and that the office of sheriff remained vacant for over a year. Others say that he remained on, resigning in June of 1880.

http://books.google.com/books?id=7fUaAAAAYAAJ&pg=PA918&lpg=PA918&dq=daniel+dean+case+scott+co+va&source=bl&ots=7g4-D52Jzm&sig=O4xb7-X-f60VIHcV2uRx_4cQo1E&hl=en&ei=4NifSpfSDdmL8Qar7JnnDw&sa=X&oi=book_result&ct=result&resnum=7#v=onepage&q=&f=false

http://www.newrivernotes.com/swva/hssv-11.htm#hsc

http://www.rootsweb.ancestry.com/~vaschs2/hanging_sheriffs.htm