At the term of the Campbell Superior Court, commencing on the 26th of April, James M. Smith was sentenced to five years imprisonment in the Penitentiary, for the death of Philip Gatewood, whom he killed last autumn.
At the same Court, sentence of death (to be carried into execution on the 4th of May) was passed on a Cherokee Indian called Old Man, for the murder of a youth named Mays, about six years ago at a place called Walking Stick, in that part of Campbell County formerly Carroll. It appears, that while Old Man was shooting at a mark, and after his gun had repeatedly missed fire, Mays, in playfulness, undertook to give him the word of command; and that on pronouncing the word, 'fire,'- the Indian wheeled and shot him. He escaped and resided among his countrymen until he recently enrolled himself as an emigrant--at which some of the Indians were so highly incensed, that they informed against him, and he was apprehended. A gentleman, present at the trial, informs that it was the opinion of most members of the bar that the case did not amount to murder- that as no ill will had previously visited between the parties, and the gun of Old Man had again and again snapped, it was chance medley, or man-slaughter at the most. A petition for a respite was even talked of, but dropped, probably from the difficulty apprehended of getting a bill of pardon through the Legislature.
The woman in DeKalb County, charged with murder of her infant, was acquitted at the Superior Court of that county, for want of evidence.-Macon Tel.