(Part Two) Henry Fugate Murder June 25th, 1877 Scott County, Virginia "The killing was the most shocking event that had ever taken place in that community, the whole countryside was thoroughly aroused and excited, everybody from near and far rushed to the Fugate home to extend whatever help they could, in this time of great troubles there was one glaring exception, Daniel Dean, who lived within half a mile of where Fugate fell, gave no heed whatever to all the hurried excitement and made no inquiry as to the cause of all the highly nervous activity. Then it was that someone recalled that Henry Fugate and his father, Francis Fugate had been witness against Daniel Dean at the January testimony had been indicted for perjury. No other person could be thought of that had any motive for ambushing and slaying a quite, peaceable citizen like Henry Fugate, was thought to be by his neighbor. Therefore it happened that a Justice of the Peace issued a warrant and Daniel Dean was arrested accused of Henry Fugate's murder on the same day the victim died. When the officers who went to arrest Dean said to him, "Daniel, we have come after you." Dean asked, "what's up"? They replied, "Henry Fugate is dead and you are charged with his murder", to this Dean made no reply but when they started to take him away, Dean asked he not be taken by Henry Fugate's home, where the latter at that time lay a corpse. Dean was taken to a Moccasin Valley home where he was placed under guard for the night. Before morning he escaped and went into the mountains, he slipped away in his under wear, barefooted and bareheaded. He was followed into his mountain retreat, arrested and brought back. At Dean preliminary trail he offered no defense, but when his case came up in the Scott County Court he offered as his only defense an alibi testified by his two sons and a bribed witness, (mentioned of previously been made). This latter witness was not used in Dean's first and second trails but was sprung as a surprise witness in the third trail. As noted previously the reaction against Dean was disastrous. There was no shred of evidence against Dean except circumstantial evidence, no human eye saw the trigger pulled to fire the deadly charge that meant death to Henry Fugate. Early in, Judge Christian's opinion in this noted case he observed that, " circumstantial evidence must always be scanned with great caution, in Capital Crimes where the issue is one of life or death this caution is particularly necessary. He then proceeded to analyze there and of the certified evidence, as to motive, opportunity conduct of the accused and as the time for the July 1877 term of the Scott County Court drew near ir was testified in Dan Dean's trail that he was most eager, over anxious to get his gun from a gunsmith, named Cleek, with whom Dean had left his gun to be changed from a flintlock type to a precession type. Dean had called and had a neighbor to call at Cleek's shop to see if the gun was ready. Having ascertained his weapon wouldn't be ready for some time, at Dean's behest one of his boys borrowed gun from a neighbor named Francisco. Dean's possession of this particular gun at the time of Henry Fugate's murder was one of the potent circumstance which ultimately led to Dan Dean's death by hanging. The weapon was of a square barrel, it had once been a "full- stocked" gun, that is the wooden stock had extended from the beech to the muzzle. When Dean got the Francisco gun however, it had been changed to "half-stocked" gun that is the wood extended only and half way between the beech and muzzle of the gun. It should also be noted that a small piece of iron was fastened to the gun barrel near the muzzle. This was a staple through the opening of which the gun's ramrod penetrated to be carried when not in use. Moreover it was proved at the trail that the Francisco gun was of and usual bore or caliber, not another gun which used a bullet of the same size was to be found anywhere. Over a very wide area, the Science of Ballasts had not been developed to a very great extent in those days. So the bullet from Fugate body was carefully weighed by one of the physicians, so also was a known bullet from the mold of the Francisco gun. The two pellets were found to be almost exactly of the same weight. Additional testimony against the Francisco gun leveled that the apparent location of where the marksman with the rifle had been when Henry Fugate was shot was found in a thicket near rge fence surrounding the field in which Fugate was plowing. The grass, weeds and leaves were pressed down into such a shape as to indicate some human had there been and also a fence rail was found an impression looking as if it had been made by a square piece of iron. Then there was also seen a nick in the rail which could have been made by the iron staple when the gun had been withdrawn, on _______ trail with the Francisco gun it was proved that the impressions and neck were one and the same. It was also ascertain that from that point there was an opening in the under_______ through which Fugate could be seen at the point where he fell. There were many other circumstances which pointed to the Francisco gun were sworn to be witnesses from the commonwealth. From this preponderance of evidence the jury was led to conclude that the Francisco gun was the weapon with which Henry Fugate was slain. It was also established to the jury's satisfaction that Dan Dean was in possession of the gun at the time of the shooting of Henry Fugate. It was testified that when the gun was sent for Dean delivered it at the time averred it would not shoot that it would not stand cocked, it was proved it had been shot the day before and that Dean knew it. It was also proved that the lock had been tampered with."