Herndon Murder Case 1874: Prince William Co. As reported in Manassas Gazette and the Alexandia Gazette -------------------------------------------------------------- File contributed for use in USGenWeb Archives by Carol Phillips phillips@sundial.net USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non- commercial entities, as long as this message remains on all copied material AND permission is obtained from the CONTRIBUTOR of the file. These electronic pages cannot be reproduced in any format for profit or other presentation. -------------------------------------------------------------- Reported Murder of a Family. It was reported this evening that Jerry Herndon, his wife, and a colored man, a servant, were all found in the house of Mr. H., about five miles below Brentsville, Prince William county this morning. Mrs. H. and the colored man dead, and Mr. H. in a dying condition, all having been cut with an axe by some party or parties unknown. December 4, 1874 ____________________________ The Prince William Murder Late intelligence from the scene of the Prince William murder, an account of which was published in yesterday's Gazette, is to the effect that Mr. Herndon and his wife are still alive, though fearfully, and it is thought fatally injured. The colored boy, their servant, is, however, dead. There is as yet no clue to the murderers. December 5, 1874 _______________________________________ THE PRINCE WILLIAM MURDER Intelligence from Manassas this morning is to the effect that Mrs. Herndon died yesterday, and that the money stolen from her house has been discovered concealed in the house of a sister of the man Fouks, whose examination was to have taken place today. December 7, 1874 _______________________________________ Mysterious Murder [From the Manassas Gazette.] One of the most fiendish murders we have ever recorded, took place at Harrison's ford, in Prince William County, near the Stafford line on Thursday night last. A rumor of the murder reached this place yesterday evening, and a reporter of the Gazette immediately repaired to the scene. In a low and humble looking house, or more properly a hut, not far from the banks of Cedar Run, lives an old man about seventy years of age, well known in this county as one of its largest land owners and wealthiest citizens, Jerry Herndon, and his wife a little his junior. Living with them as a farm hand was a black boy of small statue, aged about eighteen, named Jesse Fouks, and a little colored boy about ten years of age named Addison Russell. Fouks had been hauling wood and on coming in at night was accused of stealing a piece of pork from his employer, which he denied and a quarrel ensued. The boy was ordered from the house and refused to go unless the meat in dispute was given to him. Old man Herndon picked up an axe and told the boy if he did not leave the house he would knock him down. Here the tale ends until Friday morning, when about sun-up, Summerfield, a son of the old man who lives a short distance away, approaches the house, and on entering the yard discovers bloody foot prints, which he traces to the door and upon entering a ghastly and bloody scene is presented to his view. Upon a pallet on the floor the little colored boy lay cold in death, with his head rent in twain by a single blow of the murderous axe. Upon the bed laid Mrs. Herndon weltering in her blood. The father is missing and frantically the son asks where he is, but no one answers. A little later the old man is discovered in the field about four hundred yards from his dwelling, bareheaded and barefooted, with his head and face cut and bleeding in many places. Mr. John Alexander, a neighbor, who found him, asked who had done the deed. The old man, who seemed to be bewildered, said he did not know who had done it, that he had been walking about all night and felt cold when he walked in the water. He was conveyed to his home and there told his story to Justices Horton and Woodyard. He told about the quarrel and said the last he knew or remembered, "that the boy started to the door." The theory is, that Fouks, the hired man, is guilty, that he picked up a new axe, believed one of the instruments of the bloody work and dealt the old man a murderous blow, or perhaps several, and thinking he had killed him, then took the axe and with it killed the boy, and crushed the head of the old woman. Supposing he had killed all three he left and went to the house of Mr. John H. O'Rear. After he had gone the old man revived, and in a delirium left the house. It was found on searching the house that $235 had been taken from a drawer by the murderer. Fouks was arrested and lodged in jail, and will have a hearing before a magistrate to-day. It is the opinion of the majority of those who know anything about the case, that he is the guilty party, and what gives color to the suspicion of his guilt, is that the weapons used, an axe and an axe handle, were in the house before the murder, and if it had been done by other parties they would have taken the weapons of murder with them and would not have gone there before bed time, the murderous attack having been done before the old folks had prepared for bed. The little boy who was killed, had gone to bed and was probably asleep when he received his death blow. The old lady was in a dying condition on Friday evening, but the old man who is terribly cut about the head and face may recover, though his dying declarations were taken. The case is a most mysterious one, but it is to be feared the guilty wretch or wretches may be released and avoid the punishment their indescribable crime deserves. December 7, 1874 _______________________________________ The preliminary examination of Jesse Fouks, the colored man accused of the late murderous assault in Prince William county has been postponed until next Tuesday. December 8, 1874 _______________________________________ The Prince William Murders Mr. Jerry Herndon, the last victim of the late murderous affair in Prince William county, died yesterday, and the coffin in which he will be interred was sent up to his house on this morning's train. His death had been preceded by that of his wife and that of the colored boy, Addison Russell. Mrs. Herndon recovered her senses a short time before she died, and during the time she was rational had her dying statement recorded. In it she fixes the guilt of all the murders upon Jesse Fouks, the colored man now in jail. December 12, 1874 _______________________________________ THE HERNDON MURDER. _______ DYING DECLARATIONS OF MRS. AND MR. HERNDON---FOUKS COMMITTED. [REPORTED FOR THE ALEXANDRIA GAZETTE] BRENTSVILLE, PRINCE WILLIAM COUNTY, VA., Dec. 15.--This being the day set for the examination of Jesse Fouks, colored, upon the charge of murdering Mr. and Mrs. Herndon, and Addison Russell, a small colored boy in their employ, a large crowd, including both white and colored, assembled at the Court House, where the examination was held. Justices Horton and Woodyard were present and asked the prisoner when brought into court whether he had any witnesses he desired to be examined, to which he replied that he had none. The dying declaration of Mrs. Herndon was then read, which is as follows: Question by Justice: Will you tell us who hurt you? Answer: Yes, God knows I will tell you all about it, and I won't tell you a lie. On Thursday evening I sent Addison Russell to the kitchen after a basket and in it was a piece of meat which Addison said belonged to us. Jesse Fouks came in after that and swore we had his meat. I told him that I knew it belonged to Mr. Herndon. He then charged on Mr. Herndon, and they came very near to a fight. Mr. Herndon had the axe. I ran between them and pushed Mr. Herndon back, telling him not to strike, that there would be murder done. I shoved the boy out of doors and put the stick against the door as I supposed. I do not know whether Jesse struck me or not. He, however, raised a stick or something and swore he would kill us. He did not mind killing two such damned old people as us. I told him to go away that the law would protect us. In reply to another question she stated: Mr. Herndon has struck me, but God knows he did not that night, and I won't tell you a lie about it. Mr. Herndon's declaration was then read: I had been to Bristoe on Thursday and got back about 3/4 hours by sun. In the evening I was eating my supper, when Jesse came in and commenced abusing my wife about a piece of meat, said he had plenty of money to bear him out. I told him he had said five times as much as a negro ought to say to a white person, and to go out. He then turned round and went out quarreling. I told Add [the colored boy] to go out and hear what he said. Add came in saying that Jesse said if we would say no more about the meat he would not. I made no answer. Jesse came in again about an hour and a half after daylight dawn and said he wanted his handkerchief. I told him it was in the meat house and would have to stay there until morning. He commenced jawing, and said maybe it was his meat. I told him to go out. My wife touched me and said that he said he would not go. I picked up the axe and told him to go or I would split him down. He did not strike me that I know of , nor did I see him strike Mrs. Herndon. The boy Add was lying on the floor with nothing the matter with him. [In addition to this there is some other matter of no importance.] After reading the declarations the Justices announced that they were satisfied sufficiently to convict the prisoner Fouks, and remanded him to jail to await the action of the grand jury at the January term of our Circuit Court. The prisoner Fouks is a boy about 17 years of age, and was raised about a mile and a half from the scene of the murder. Your correspondent visited him shortly after his committal and found him in bed covered up completely with the bed-clothes, which I understand has been his habit since his confinement. He denies being guilty, and says that he did not see any of the family that evening except the little boy Addison Russell. December 15, 1874 _______________________________________ THE LATE HERNDON MURDER Jesse Fouks, the colored man now in jail at Brentsville charged with the late murder of Mr. Jerry Herndon and his wife and of a colored boy who lived with the old couple, will be tried at the January term of the Circuit Court of Prince William County, Judge Keith to preside, which will meet on Monday next. The prisoner stoutly maintains his innocence, and it is understood that though the circumstantial evidence of his guilt is strong, there is no positive proof of his being the actual murderer. January 5, 1875 _______________________________________ PRINCE WILLIAM COURT Jesse Fouks, the negro man charged with the late murder of the Herndon family, near Manassas, was convicted yesterday in the Circuit Court of Prince William county, at Brentsville, Judge Keith presiding. The prisoner was defended by Messrs. Meredith and Williams the State being represented by Commonwealth's Attorney Larkin, assisted by Judge Nichol. The jury brought in a verdict of murder in the first degree. January 14, 1875 _______________________________________ SENTENCED Jesse Fouks, the colored murderer of the Herndon family, who has been convicted by the Circuit Court of Prince William county, as stated in yesterday's Gazette, has been sentenced to be hung at Brentsville on Friday, the 19th of next March. January 15, 1875 _______________________________________ ESCAPE OF THE HERNDON MURDERER [Correspondence of the Alexandria Gazette.] BRENTSVILLE, Jan. 30--At about half past six this evening Fouks, who murdered Mr. and Mrs. Herndon and a little negro boy, was convicted of the same at our Circuit Court about two or three weeks ago, and was sentenced to be hung on the 19th of March, made his escape from the jail of this county. It appears that he burnt a hole through the partition of his cell and got out into the passage where there was nothing to prevent his escape except on iron grated door, which was unlocked, and the outer door. On his appearance at the outer door he was met by the jailer's wife, who, with great presence of mind, seized the prisoner and called for help, but he managed to get free and got away. Neither the jailer or the guards were present at the time. The prisoner is supposed to have gone in the direction of his sister's. In his escape he left his shoes behind him, and consequently is barefooted and poorly clad. The prisoner is about five feet five inches in height, copper colored, slightly blanched, and of slender build. S. J. D. January 30, 1875 _______________________________________ RECAPTURE OF FOUKS. [Correspondence of the Alexandria Gazette.] BRENTSVILLE, VA., Feb. 1-- Jesse Fouks was captured yesterday evening by the jailer in a straw rick, about five miles from Brentsville. He has since stated that he knew who committed the murder, and implicates another colored man by the name of Willis Tibbs. No one believes this charge, and it is thought that he will make a clean breast of the whole matter before he is hung. J. J. D. February 1, 1875 _______________________________________ ESCAPE OF A MURDERER Jesse Fouks, the murderer of the Herndon family, who was to have been hung on the 19th proximal, escaped from jail, at Brentsville, on Saturday evening, and at last accounts was still at large. He burnt a hole through the wooden part of the partition of his cell, and then having removed the brick and mortar part, entered the corridor, the door of which was open. The jailer, Arthur Woodyard, was absent at Manassas, but his wife catching sight of the escaping prisoner, seized and grappled with him. He was too strong for her, however, and having knocked her down rushed out of the open door and made off for the pines for which he was soon lost, leaving his bundle and his shoes in her hands. The sheriff of the county has offered $50 reward for his arrest. He is described as a dark, copper colored negro, eighteen or nineteen years of age, five feet four inches high, nappy hair extending low down on his temples, large eyes, with a down cast look when addressed, and speaks with a nasal twang. He was bare headed and footed when he escaped, and was dressed in a suit of dark clothes. February 1, 1875 _______________________________________ PRINCE WILLIAM COUNTY ITEMS A colored man in Brentsville township has been circulating a rumor, hatched in his own brain, that a proposition has been made by colored people , led by a white man, to take possession of the jail and release Fouks, the condemned, for the murder of the Herndon family. We have no idea that the colored people have thought of any such desperate undertaking. February 1 ,1875 ______________________________________ MANASSAS GAZETTE _____________________________________ SATURDAY, FEBRUARY 6, 1875 SUBSCRIPTION $1.50 A YEAR __________________________________________________________________ ___________ TOWN AND COUNTRY =================================== ESCAPE OF A CONDEMNED PRISONER -- HIS RECAPTURE. HE CONTEMPLATES SUICIDE AND IMPLICATES ANOTHER AS THE REAL MURDERER HIS CONFESSION ________ A great excitement was created in Brentsville on Saturday evening last, caused by the escape from jail of Jesse Fouks the condemned negro for the massacre of the Herndon family. Mrs. Woodyard, the jailers' wife, he being absent from home at the time, heard a noise on the stairway leading to the second story of the jail and going into the passage listened but it being dark, returned to her room to get a light, but before she could get it she heard bare foot steps in the passage way and approaching the object found it was Fouks. She seized him and tried to prevent his escape and called for help, but he soon loosened her hold upon his collar and unlocking the outside door, the key being in the lock, quickly disappeared in the darkness. The alarm was given and pursuit commenced in different directions, but in the darkness it was impossible to find out which course the fugitive had gone. The light of day revealed his track, and Mr. A. F. Woodyard the jailer and James Garner a colored man struck the barefoot track and following it in its zigzag course in a south westerly direction, now crossing fields, then roads, next streams & e., they traced it to the farm of Mr. Benjamin Stouffer between Nokesville and Cedar Run to a straw rick, when to use the language of one, the two "surrounded" the rick. The disturbed appearance in the rick indicated to them that their man might be hid there and with cocked revolvers, the straw was removed and three feet deep in the rick they discovered the object of their search. He was ordered out and seeing the cocked weapons and thinking dire vengeance was about to wreaked, Fouks begged for quarters. After being assured by Mr. Woodyard that no harm would be done him, he intimated that he would as lieve die as not and a little rather. He was tied and being placed on the horse behind Garner, was brought back to jail and after being bound hand and foot was placed in a cell next to the one from which he had so ingeniously escaped. When taken he had a quantity of broken glass in a handkerchief to be used to kill himself if recaptured . It was taken from him. THE ESCAPE AND HOW IT WAS ACCOMPLISHED. The partition between the cell and the passage is formed of upright timbers eight inches thick covered on each side with lath and plaster. Right at the corner next to the outside wall of the jail and next to the floor a hole the size of a man's body had been burned though the timbers and the lathes and the plastering on the passage side carefully removed. Through this hole Fouks escaped and being free had but to turn the key of the lower passage door. The burning process had been going on according to Fouks' own confession ever since he was condemned, and the secret well kept from his keepers. There are no flues in the jail and when fire is used the stove pipe is stuck out at the window. Every time the wind blew from the North, which has been pretty constantly since Fouk's confinement, the cell in which he was kept was filled with smoke, so that smoke in that cell "thick enough to cut with a knife" was nothing unusual and consequently the addition made by Fouks extra fire was not discovered, and it went on as successfully as his most ardent hopes could desire. His process of burning had pretty well exhausted the supply of "down" in his straw tick and the diminution of one in his allowance of blankets furnished food for the flames. A strong smell of burning wool by some of the jailer's family being a subject of inquiry one day, Fouks explained by stating he had just put on old yarn stocking in the stove. This was plausible and no further investigation pushed. Saturday, being a good day for the escape, as the prisoner had probably learned none of his keepers were in hearing distance, he made the attempt and succeeded probably beyond his expectations. The Sheriff, Mr. Wm. E. Goodwin, who resides near Manassas, being informed early on Sunday morning of the escape, immediately telegraphed the fact to Governor Kemper, and had bills printed offering a reward of $50 for the capture of Fouks. Hearing on Monday that Fouks had since his return to the cell made some sort of CONFESSION, IMPLICATING ANOTHER, we asked permission to interview him. We found him covered up head and ears in his blankets in a far corner of his cell. He answered promptly to our call and raising himself up sat on the blankets which were spread on the floor. In answer to our request that he repeat the story to us which he had repeated to Mr. Woodyard and Mr. Brenton about the killing, he said on Tuesday night before the killing Willis Tibbs came to Mr. Herndon's and asked me if I could not get him a piece of meat from Mr. Herndon, , when I told him I had no money, then Willis said can't you slip me a piece out of the meat house; I told him I might get Add to do it. I got Add to get the meat and put it in a basket in the kitchen loft. Mrs. Herndon wanted the basket and when it was got the meat was found. Willis come to Mr. Herndon's again on the next Thursday night about 11 o'clock and asked me if I had got his meat. I told him Add got it but Mrs. Herndon had found it and Add told them who it was for. Willis said damn their souls I reckon they will have me up. He then asked me when Mr. Herndon paid me, I told him last Saturday night a week. He then asked me where Mr. Herndon kept his money, and I told him locked up in the drawer. Willis then asked me if Mrs. Herndon didn't keep the keys and I told him she did, he then said "I am a great mind to go there and knock their damned old heads off," he then bid me good night and left and I went to bed. In about a quarter of an hour I heard some body cry 'O Lord O Lord'. I jumped up and went to the house and there was Mrs. Herndon and Mr. Herndon and Add lying in the middle of the floor crying "O Lord O Lord' and Willis was standing at the drawer getting the money, I asked him if he had killed the old folks. On us asking Fouks what answer Willis made him he said Willis made him no answer. We then asked Fouks what he did, said he , I ran back to the kitchen and got my hat and coat and ran down around the garden and went to my sister's. Mr. Woodyard then asked Fouks how he came to tell him about the money being in the brush pile, and Fouks answered "that was all stories." Mr. Woodyard, "then what did you tell me such tales for." Fouks, I wanted you to get me counsel. Mr. Woodyard then said, "Jesse I believe you got part of that money, did you not" answer me that question. Fouks then said "when I asked Willis if he had killed the old folks he said "yes but you must not tell on me" and walking to the door gave me a part of the money which I hid in the brush pile. Fouks' stories were so contradictory, and seeing he was disposed to admit nothing that would implicate himself in the murders, but put it entirely on another we left. He could give no reason why he had not implicated Tibbs before his own trial and conviction, except that he was afraid. His feet are said to be frost bitten, and on Monday he was complaining with a sever pain in his side. He also looked wild and excited, showing that what he has undergone and undergoing are telling on him. It is most likely he will make a clean breast of the whole affair as the day of his execution draws near. Rev. B. P. Dulin who visited him on several occasions suggested he tell the truth as lying would not save his life and if persisted in , would cause him to lose his soul also. Fouks insists that he is telling the truth all the time and using his own language, tell what God has told him to tell, yet his story though short was plainly false in two or three particulars. But few persons put any confidence in his story about Willis Tibbs, thought it is a pretty plausible one, and if concocted shows considerable ingenuity. The commonwealth's attorney was urged on Monday to have Tibbs arrested on suspicion. Since the above was put in type and after having been visited and talked with by Rev. B. P. Dulin of the New School Baptist church, Mr. Wm. E. Goodwin, sheriff, D. W. Whiting of the MANASSAS GAZETTE and others, Fouks made the following confession to Mr. Whiting of the GAZETTE which was afterwards read to him in the presence of the gentlemen whose names accompany the confession. THE CONFESSION Confession of Jesse Fouks colored, for the Murder of Mr. and Mrs. Jeremiah Herndon and the little colored boy, Addison Russell on the night of the 3rd of December 1874, made in his cell in the jail of Prince William County, Virginia, Feb. 2nd 1875. I stole a piece of meat of Mr. Herndon which I intended to take home, I stole it on Wednesday night before the killing. On Thursday evening after I was done hauling wood I was told to put some hay on the wagon to take to the stable. While I was at the hay stack the little boy Add came and told me, Mrs. Herndon had found the meat in my piece of cotton and said I stole it. When I went to the house I told Mrs. Herndon I got the piece of meat from my sister, it was not Mr. Herndon's meat, and I wanted my piece of cotton, Mrs. Herndon told me to wait till Mr. Herndon was done eating his supper. I then went to the kitchen and Mr. Herndon when he was done supper went to the meat house to see if the meat was missing. He then went back to the house. After a while, about an hour, I went back to the house and told Mr. Herndon I wanted my piece of cotton. Mrs. Herndon opened the door and I went in and told Mr. Herndon I wanted my handkerchief, Mr. Herndon told me I could not get my handkerchief until in the morning. I said I must have it, I was not going to work for him any longer. Mr. Herndon picked up the axe and told me if I did not get out of the house he would hit me with it , I told him I was not afraid of him hitting me with the axe, I did not curse him. Mrs. Herndon shoved me out of the door and said Jesse don't have no fuss here. She pushed the door too but did not prop it. I picked up the axe handle which set beside the door on the porch and pushed the door open. Mrs. Herndon was walking to her chair, I struck her on the side of the head and knocked her down. Mr. Herndon was standing near the fire, seeing me hit Mrs. Herndon, I struck Mr. Herndon on the head with the axe handle and struck him two or three times, Mrs. Herndon got up on her knees, I threw the axe handle down and picked up the axe and struck her with the back of it knocking her back on the floor. I then struck Mr. Herndon another lick with it. Then I struck the little boy Add two or three licks with the back of the axe. I did not strike any one with the edge of the axe. The little boy was lying down on his blankets, he was sick. I then took the keys out of Mrs. Herndon's pocket and unlocked the drawer where the money was and took out the paper money and pulled the gold to the front of the drawer, I didn't take it, there was a ------ with silver in it in the upper part of the dresser, but I did not take it, I was afraid to take it. They were all groaning when I was taking the money. I used nothing but the axe handle and the axe to kill them with, I did not use a hickory stick. I had on a pair of stockings but no shoes, I had pulled off my shoes to go to bed, I did not pull them off to go to the house. I did not go there to kill them. I had no such notion. I got no blood on me except my feet. When I left I thought they would die. I was scared and went to my sister's as fast as I could. When I got to Mr. O'Rear's where my sister lived Miss Jenny O'Rear had not gone to bed, I heard her singing when I went into my sister's. No one was in there except her, I did not tell my sister what I had done, I went to bed and after that I heard the ---o'clock car whistle blow. I intended to go back to Mr. Herndon's next morning as if I knew nothing about the killing but Mr. O'Rear came and asked me if I would help him to kill his sister's hogs. I told him Mr. Herndon would not like it and told him what Mr. Herndon wanted me to do. He said he would see Mr. Herndon that day and make it all right with him, I then said I would help to kill the hogs, I went to Mrs. O'Rear's to help to kill the hogs and on my way I hid the money in a brush pile. When Sandy Southard came to the hog pen and told that all of the Herndon family had been murdered I cried, Mrs. O'Rear told me not to cry, No one saw me cry but Mrs. O'Rear, Bob Blackburn and Mr. Neal Lomax. I told Mr. O'Rear I had better go over to Mr. Herndon's but he said it was not worth while I could do no good. When I had done it I was sorry, I did not go there to kill them, but was mad when I done it. I did not kill them to get the money. When I accused Willis Tibbs of the murder I done, it as I thought I might get clear. I did the murder myself and no one else knew anything about it . I make this as my free confession and I have told the truth, as near as I can recollect it, I have now no hope of escape and know that I must die for my crimes. We the undersigned, hereby certify that we were all present at the same time when the following written confession of the prisoner, Jesse Fouks was read to him and he was requested if not correct to let us know and we would correct the same, and he , the said Fouks said that it was correct in every particular. Given under our hands this 2d day of February 1875. {LUCIEN A. DAVIS, {ARTHUR W. SINCLAIR, {WM. E. GOODWIN, {D. W. WHITING. Tibbs was arrested on Tuesday by Officer John T. Goodwin but discharged without a hearing, Fouks having confessed his guilt. _______________________________________ PRINCE WILLIAM COUNTY ITEMS The jail of this county now contains Jesse Fouks, colored, the condemned murderer of the Herndon family, who is to be hung the 19th of this month, Ed Stewart, colored, charged with attempting to fire the barn of Mr. William H. Dogan, and Dr. O. Crump, who is confined there awaiting to be received into an insane asylum. Fouks complains of being in bad health, and constantly prays, but said on Tuesday last that he did not feel that his sins were yet forgiven him. But few persons visit him, and he has as yet no spiritual adviser, though one or two ministers have had conversation with him. Ed Stewart is confined in the cell with him, but they converse very little with each other, neither being inclined to talk much. The unfortunate man seems fully to realize his position, and is no doubt fully resigned to his fate, and is doubtless trying the best he knows how to prepare himself for the fatal day. The coffin for his burial , a plain , poplar one , is already made. March 8, 1875 _______________________________________ THE HERNDON MURDERER Manassas, Prince William Co., Va., March 12 "Major W. W. Thornton, of Brentsville, received a letter from Governor Kemper, a few days ago, stating that the application had been made to him to respite Jesse Fouks sentenced to be hung on the 19th of this month for the murder of the Herndon family, consisting of man and wife and colored boy, on the 5th day of December 1874 , in the county of Prince William, and requesting the Major to go to the jail and see the condemned man and ascertain, if he could , if such respite would be advisable. Major Thornton visited Fouks on Wednesday last, and held a conversation with him, in which conversation the prisoner reiterated his guilt, and said he thought he ought to be hung. Major T. has sent the result of this interview and also a copy of the Manassas Gazette, containing Fouks confession, to the Governor. Fouks, on being informed by Mr. Woodyard, jailer, that an effort was being made to put off his execution for a short time, said he "did not desire it to be put off," "but wished the time was nearer at hand." Fouks prays almost continually in his waking hours, night and day, but still says he has no evidence of forgiveness from God, for the crime he has committed. He said in a conversation with the Sheriff and jailer on Thursday morning last, that he desired to see either Mr. Marsh or Mr. Dulin, ministers of the New School Baptist Church, and we have no doubt one or both of these gentlemen will visit him as soon as they get word of his desire. Fouks was visited on Tuesday last, by a physician of Fauquier county, who requested the prisoner to give him his body after the execution, to which the condemned man readily consented, stating that it would be taken up by some doctor anyhow. He said he cared nothing for the body so he could save his soul. Fouks will be executed in the jail yard at Brentsville on Friday next, the 19th inst. The gallows will be erected during the coming week. Had Fouks remained in the cell where he was first placed he could have seen the gallows from his window, but having escaped from the cell, when recaptured, was put in a front cell. March 12, 1875 _______________________________________ THE HERNDON MURDER The Murderer-The Approaching Execution-Vindication of the Law. [Especially Reported for the Alexandria Gazette] Brentsville, March 19.-There was perpetrated in this community, on the evening of the 3rd day of December 1874, a deed which has no parallel in the annals of crime---no counterpart anywhere in the entire category of savage brutality. The malignancy and semi-barbarism of victorious carthage never presented in its treatment of the Roman Regulus a spectacle more inhuman in its conception, and more fiendish in its subsequent execution, or more abhorrent to the sense of common humanity, than the tragedy which occurred on that date in this otherwise peaceful community. Jeremiah Herndon, a well to do farmer, a man who had lived out his three score years in peace and harmony with his fellow man, with no breath of slander to asperse his integrity, or venomous tongues to assail his character, with no avowed enemy to mar the tranquillity of his declining years, his wife, the partner of his joys, his griefs, and of his toilsome life, together with Addison Russell, a small colored boy, between ten and twelve years of age, became the victims of an ignorant, cowardly, passionate, brutal and malignant assassin, who , in the commission of his foul act, had no other motive than a suppostitious revenge, no other malliation of his crime than a mean and aimless design to screen himself from a threatened prosecution for petty larceny. The house where the murders were committed is about six miles southwest of Brentsville, near Cedar Run, and not far from the Stafford line. On Thursday morning, between the hours of eight and nine, one of the sons of Mr. Herndon, who lives but a short distance from his father's homestead, went, as was his frequent habit, to his father's house, and on entering discovered the doors to be open and the floor of the room [which was used for dining, sitting and bedroom by the old people] to be covered with large pools of blood. The colored boy, Addison Russell, [who, with Mr. and Mrs. Herndon and the prisoner, Jesse Fouks, were the only inmates of the house], was lying on his back near the fireplace, with a deep gash across his forehead, about eight feet from the boy lay Mrs. Herndon on the bed, both apparently dead, but his father was nowhere to be seen. Appalled by such a sight, he ran to the house of Mr. J.C. Colvin, the nearest neighbor, and informed him of what he had seen. They, with a colored man, immediately repaired to the house, examined the old lady and the boy, concluded both were dead, and made diligent search for Mr. Herndon, but failed to find him. The neighbors were then summoned and the condition of the house examined, but no clue to the murderer was obtained, though the beaureau where Mr. Herndon kept his money was open with the keys in the lock, and some money was supposed to have been taken; still the gold and silver were untouched. About ten o'clock a neighbor brought in Mr. Herndon on his back, having found him about half a mile from the house on Cedar Run, walking in his stocking feet, without his coat and bareheaded. In the meantime Mrs. Herndon was found not to be dead, though utterly unconscious. An inquest was held upon the dead body of Addison Russell, and Jesse Fouks, who had gone to Miss O'Rear's, about two miles from the place, was at first arrested on suspicion, and permitted to testify at the inquest. His confused manner in giving his evidence confirmed the suspicion heretofore entertained of his guilt. Notwithstanding the subsequent declarations of Mr. and Mrs. Herndon, who in the meantime recovered sufficient consciousness to remember that Jesse Fouks had entered their room about dusk and had quarreled with Mr. H., the evidence was only circumstantial and many persons believed in the innocence of the prisoner. The trial came on, and it was then that the criminality of the prisoner was settled beyond a doubt by his confession to the jailer of having concealed money which he stated he had picked up where Mr. H. had dropped it The prisoner was defended by Messrs. Meredith and Williams, the State being represented by Commonwealth's Attorney Larkin, assisted by Judge Nichol. He was found guilty and condemned to be hanged. Judge Keith, in passing sentence upon him, told the prisoner that he had received a fair and impartial trial, and exhorted him to make preparation for the future welfare of his soul. On the 31st of January last, Fouks made his escape from the jail. He burnt a hole through the partition of his cell and got out into the passage where there was nothing to prevent his escape except an iron grated door, which was unlocked, and the outer door. On his appearance at the outer door he was met by the jailer's wife, who, with great presence of mind, seized him and called for help, but he managed to get free and got away, but was captured on the following day in a straw rick about six miles from Brentsville. On the following day he sent for the jailer and Sheriff Goodwin, and told them that he could not go to his Maker in prayer with a lie on his lips. He acknowledged his guilt and disclaimed having any accomplice, and stated that he was ready to die. Continuing, he said that on the evening of the murder he took some meat, and that Mr. Herndon threatened to prosecute him; that he went into the house to try to induce the old man to promise not to prosecute him; that he refused to retract; and that they then commenced quarreling, and Mr. Herndon took up the ax and threatened to knock his brains out, Fouks retreated to the door [the door being open,] seized the ax handle, and to use his own words, "Old Satan was in me." I struck Mr. Herndon and took de ax from him, and den struck de old woman twice wid de ax, I didn't strike her with nuffin else and den I strike Add [the colored boy] twice wid de ax also. In reply to another question he said that old Mr. Herndon had his face towards him when he struck him; that Mrs. H. was close by, but before she could interfere he had gotten hold of the ax and struck her down as he supposed dead. When he killed the old people and the boy he thought it was about eight o'clock. He further stated that he did not strike the old man with anything but the axe handle, but the old lady and the boy were killed with the ax; that a candle was burning in the room at the time; that when he had finished his job he then bethought him of the money and took the keys of the beaureau out of Mrs. H's. pocket' took up the bag of gold but concluded not to take it, but took the paper money and hid it afterwards in the brush pile, of which he told the jailer. He said he did not kill them for money, but out of sheer madness; that he killed the boy partly because he informed on him about stealing the meat, and partly because he was afraid he would tell. Since that time he has been visited by Revs. H. M. Strickler, B. P. Dulin, and ------ Marsh, who have labored faithfully to put his mind in a state of reliance upon his Maker. Maj. W. W. Thornton, of the village, received a letter from Governor Kemper, some days ago, stating that application had been made to him to respite Fouks, and requesting the Major to go to the jail and see the condemned man and ascertain, if he could, if such respite would be advisable. The Major visited Fouks on the 10th, and held a conversation with him , in which conversation the prisoner reiterated his guilt, and said he thought he ought to be hung. Maj. T. sent the result of this interview to the Governor. Fouks, on being informed by Mr. Woodyard, jailor, that an effort was being made to put off his execution for a short time, said he "did not desire it to be put off," "but wished the time was nearer at hand." In regard to his body which it has already been stated, he had given away to Dr. W. George, of Stafford, it appears that he had consented to such a disposal, but on Wednesday last, when visited by his sister, he changed his mind and at her request announced that he desired to be buried on his old master's place, where it is understood, he will be carried. Jesse Fouks is about 19 years old, and was raised by Mr. J. H. O'Rear, about two miles from the scene of the murder. During his trial and whole term of his imprisonment he has exhibited the most wonderful self-possession, and it was only on last Wednesday, when his sister bade him good-by, that he for the first time burst into tears and manifested any trepidation at his approaching end. The scaffold is situated at the northwest corner of the Court House yard; it is built of heavy pine posts, five feet and a half apart, with a platform seven and half feet from the ground, in front of the scaffold seats are arranged for the press within the enclosure, surrounding the scaffold. The execution will take place between 11 and 12. Revs. B. P. Dulin and Marsh are in attendance upon the prisoner, but up to this hour, he stated that he does not believe that his sins have been forgiven. D. March 19, 1875 _______________________________________ THE EXECUTION. BRENTSVILLE, PRINCE WILLIAM COUNTY, VIA MANASSAS, March 19.--The assemblage at Brentsville this morning fully reached expectations, about one thousand people being present to witness the execution of the sentence of the law upon Fouks. Every precaution had been taken by the officers to preserve order. A guard of fifteen colored men was placed in the enclosure, around the scaffold and a special police force of twenty- four white men were present, having been appointed by the County Judge. Upon the ascension to the scaffold Rev. Mr. Marsh offered up a fervent prayer for the condemned, after which the minister stated that the unfortunate youth desired to say that he was verily guilty of the crime for which he was to be punished, and exhorted his race and color to escape from the bad effects of passion. The criminal exhibited the utmost self-possession, and showed no sign of fear as the preparations for his execution were progressing. At twenty minutes to one o'clock the trap was sprung, and Jesse Fouks was launched into eternity. At the instant the trap fell but a single convulsive shudder ran through the frame of the culprit, and at eight minutes and a half of one life was pronounced extinct by Drs. Leach and Simpson. In a few minutes after death, the body was cut down by one of the colored guards, and it was found that the neck had been broken. Thus terminated this dreadful affair which has occupied the attention of the community since the terrible murder of the innocent victims. March 19, 1875 _______________________________________