A simple robbery trial was not so simple

Published 10:00 pm Tuesday, June 7, 2016

Not much changes in the justice system, it seems, if one considers what occurred in the Dark Corner in 1893 following a simple robbery.

On the fifth of March, A.W. Humphrey’s store was robbed of $20 of tobacco, $12 in jewelry, $9.50 in shoes, $5 in coins, a can of gun powder and five boxes of lead valued at 25 cents.

Eason Gosnell of Madison County, N.C., and two of his cousins in Glassy Mountain Township, Mitchell and George Gosnell, were charged with the crime and a preliminary trial was set for July 4.

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A new trial date was set for July 17. Four witnesses did not appear. Rule to Show Cause papers, requiring each witness to explain their reason not to appear in court and why they should not be arrested for contempt of court, were issued, but only one witness could be found to be served with the papers.

A new trial date was set for, and held on, December 2. Bench warrants were again issued for a total of seven witnesses who did not appear for the defendants, and yet another trial was set for March 13, 1894.

At the new trial, A.W. Humphreys testified that his store was broken into on Sunday night, March 5, 1893. He was not aware of the robbery as it occurred, even though the store building was only 50 feet from his house.

Two witnesses, W.B. Goodwin and W.S. Robertson, testified they saw Mitchell and George Gosnell at the Saluda, N.C. train station wearing shoes that resembled those stolen from Humphrey’s store and a new hat and scarf.

Mitchell Gosnell testified that he and his brother, George, had gone to the station to catch a train to Madison County.

Eason Gosnell testified that he was from Madison County and that he was a first cousin of George Gosnell, who had married Eason’s sister.

Two tobacco-chewing witnesses, Harriet Gosnell and Mary Hipp, both testified that tobacco given to them by the Gosnell men tasted just like tobacco, which they had purchased from Humphrey’s store previous to the robbery, and both considered it to be good chewing tobacco.

J.D. Gilreath, Deputy Sheriff of Greenville County, testified that he made a trip to Greenville, Tenn., to arrest Mitchell Gosnell, and that Mitchell had said on the way back that he was at George Gosnell’s house and with George the night the store was broken into.

Gilreath also testified that Eason Gosnell came and surrendered to him about six days after his trip to Tennessee.

The Gosnells were found “not guilty,” and the case was dismissed.