Newspaper Page Text
VOL. XVII.
COLUMBUS, GEORGIA. FRIDAY MORNING. JUNE 18. 1875
NO 141
City ^Litters.
TMZAL OF IT. JD. CABII,
FOURTH DAT.
The audience was smaller than usual,
which greatly improved the atmoepbere,
which was vastly pleasant to those who
were compelled to attend. The continu
ation of the Bagley trial induced many to
leave for home.
Oonrt was called to order at 8:30 a. m.,
and evidence for defense was resumed.
John Mcllhenny.—l am Mayor of city,
and was on 29th last March. When de
ceased was killed I was standing on north
west corner Oonft-house lot, out side of
wall, talking to Mr. Roper, overseer of
street hands, and policeman Roberts. I
saw the boys ooming after ladders to use
in lighting gas. Am very oertain the gas
in that part of the city was not lighted.
Daring conversation heard two shots.
Conversation ceased. Then an interval;
then rapid succession. I ran to Rankin
House corner, and then np east side
of Broad street, when in front
of Brooks' drag store I mot prisoner in
front, and Ed Cash with policeman Mc-
Eaohern holding to his arm. From Ran-
kiu’s to Brooks’ is about two hundred
feet. Asked men what was the matter.
They were 340 to 850 feet from killing.
Prisoner was in front with two men.
Palmer was one. Was hardly a minute
and a half from time of firing. I asked
parties I met what was tho matter. Pris
oner replied, [ What did he say ? State ob
jected. Court sustained objection and
defense noted it.] I continued my way
nud saw deceased’s body, with a crowd
around* it. No gas lights were lit
there. It was nearly dork. I
could recognize a man I knew
some thirty feet. There is a city gas
lamp at Abell's and one at li. ft L's cor
ner, and one in front of Heyman's bar. I
did not notice whether theso were lit.
Heyman’s is probably 150 feet sonth of
Estes'. There are no private gas posts or
Ismps between Heyman’s and the Georgia
Home corner. None at Cowdory’s. There
are throe lamp posts in front of barber
shop. I aui Superintendent of Gas
Works. No g*s is burred in front of
barber shop or Cowdery’s. There is no
lamp of any description at Georgia Home
oorner. The custom then was, as it al
was has been, for policemen to oarry
arras. I have known them as Mayor
aovon yoars, and I found them carrying
them. As an Alderman I knew they car.
ried them. There is no city ordinance
forbidding it, and none regarding it that
I know. That evening prisoner was cap-
lain of police and on duty that night.
Cross-Examined. —Firing lasted about
a minute. I started after shots began—
after first two. Bpoke to no one at Rankin
Hoase. I gave no orders about
prisoners at Brook’s, because I saw
them in charge of policemen. Pris
oner was in front, McEachren in charge
of Ed Cash a few steps behind.
Saw body of deceased. Remained there
about fivo minutes. Standing orders are
to light gas before dark. Sometimes they
are not obeyed. I suppose there was
light enough to recognize acquaintance
about thirty feet. Did not rfoe Tift
Moore and Calhoun as I went up street.
Judge lamps were not lit by boys with the
ladders. Never saw prisoner’s pistol
that I know of until several days after
.killing. Prisoner then bad it.
Rebuttal.—I asked prisoner to let me
fsee it. Don’t think I took it in my hand.
(’[With the pistol grasped and the fore
finger on the trigger conld he have
(been shot. in the little finger
without shooting the stock or barrel?
:State objected. Objection overruled.] It
<oould not. The stock of the pistol is o*
an unusual shape, and extends in a rapid
curve below. The stock is a long one,
and when held in a horizontal position
would extend below the finger. Shot
coming in front . that struck tho finger
must necessarily strike the stoclc; one
ooming at right angles uiightjnot. Whon
I met prisoner I meant I had no ooversa-
tion whatever as suoh. I asked a ques
tion and prisoner replied.
Re-Cross.—'The pistol had two
triggers—one, I think, is palled
4>y little finger. In firing all the Augers
(would be brought in the stock or guard.
If held horizontally, or shooting came
from right angle, wound might be in
flicted without stock being hit.
Win. Wadsworth.—Talked with de
ceased. He made threats against prison
er, which I communicated to prisoner.
In conversation ho stated prisoner had
said things about him wbioh prisoner had
denied, and he (deceased) was not satis
fied with it; tbat the community
was mistaken in prisoner; that
all the men bo (prisoner) had
killed were cowards, and prisoner had
either to fight him or deliver a stick to
Major Calbonn ; that he had just gone
in and written a note on Mnj. Calhoun’s
desk, stating that it was no credit to him
<deceased) to go; for a one-legged man,
that Msj. Calhoun was not one of his
fighting men. That prisoner was the
man ho wanted to fight; tbat prisoner
had threatened him two or three times,
and he either had to fight or Rbow
np the white feather. I told Cash of
this three or fonr days after
at he was riding by my bouse in Sixth
ward. I stopped him and told him. This
was the only lime I ever heard deceased
threaten prisoner. I have lived here
thirty-nine years and known deceased
twenty. Deceased was looked upon as a
dangerous man, quiek to be aroused.
Cross-Examined. — Conversation took
place at Muscogee Home corner, on side
walk, a week or ten (lays before killing.
We were alone. Made all this speech to
.«ne. I may have said something. I re
member nobody was there but deceased
and myself. We have been inti
mate for fifteen years. Told Cash;
told no one else. In talking,
he turned from prisoner to Calbonn. He
said he had left a note in Major Calhoun's
office, in wbioh he stated that he (Cal
houn) was a one-legged man, and was not
of his fighting sort—no honor in fighting
him. I understood he had just come
from Calhoun’s office. I generally stop
and talk to prisoner wherever I meet him.
I never talked to him three hours in my
life. I don’t remember that I had any
long conversation with him last Saturday
—certainly none of two or three hours. 4
Night of killing I was at my house. Saw
Robert Rhodes in street. He called me
from my front poroh. Deceased started
conversation. He frequently met as,
and sometimes asked me to drink. Did
not testify before examination.
He-Direct. —Live 75 yards from pris
oner. See him every day and talk with
him.
Henry Hackney.—Reside in Columbus.
Saw deceased fore part or middle of day
of killing at my ahop, on Oglethorpe
street, one door above Monday’s stable.
Deceased while there pulled out a pistol
from his pants pocket and the handle of
another in his breast pooket. Tha
one in his right hand was a nickle-
plated handle—5 or C chamber revolver.
Saw only handle of other one. He came
to my shop, and after shaking hands and
some talk he showed me a stick of Cal
houn’s, he said. He said he was going to
make tbat big headed Gash oarry that
stick to Calhoun before night, or he
would kill him. He drew a pistol and
knocked it on left hand, saying, “When
I draw this on him, the Shanghai will rise
in him,” and shoved tbat baok in his
pocket, and said, shaking handle of other
weapon in left breast pooket, “If
that is not sufficient, I’ve got
some more of it in here.” I told him he
ought cot to talk that way; that prisoner
might hear of what he said, when he re
plied, “I reckon not, yon ain’t going to
say nothing about it.” I said, “I don't
know whether I will or not; if I don’t,
some one else will.” He Raid, “That’s
all right. I'm fixed anyhow.” I wont
straight ont and found prisoner near old
post-office, and told him what deceased
had said. I told prisoner in less than
half an hour.
Cross-Examined. — Conversation took
place in my door, ten feet from Monday’s
stable. Mine is a wagon shop. I wss
standing in door when deceased oame
up. Borne parties were in front of. Mon
day's. I am brother-in-law of MoEach-
ern. He didn’t take out pistol. I never
knew deceased until Mayor’s election;
were on same side, and beoame intimate.
The morning he told me conversation
commenced about Finnegan; then elec
tion, and thon to Cash. Among other
things he said, “Cash is a hard man to
get away with, you know.” I was not
examined at preliminary examination;
was not summoned. No conversation be
yond a few words since election. I did
not sec McEachern that day. Told him
a few days after killing.
Re-IHrect.— Am no relation to prisoner
by blood or marriage. MoEaohren mar
ried my sister. Deceased and I were on
Wilkins’side in Mayor’s eleotion; prisoner
and McEachren for Mcllhenny.
W. L. Salisbury.— At time of shooting
I was in front of Edmunds’ furniture
store, talking with him, when I heard first
shot. Edmunds’ is eight or nine doors
above Abell’s corner. I heard first shot
—made some remark to Edmunds and ran
down street. When I got midway
street between Abell’s oorner and
Georgia Home met a man in
a high trot. I commenced walking. I
asked what was the matter. He made no
reply and ran up street. He seemed to
be frightened, and was fumbling with his
right band in rear pocket. I have recog
nized him ainoe as Dr. Palmer. I walked
until I got to Cowdefry’s steps. I noticed
only ore man. He was in front of me.
I looked around to see what the matter
was, aud I saw this man walk ten feet in
street, where two or three others joined
him and then I saw body on ground.
Went there. I sent for a surgeon.
Dr. Grimes appeared. By direction
body was turned over whon
Doctor said all was ever. Dr. Pal
mer was in a blind horse trot—not seem
ing to know where he was going. He
had on no hat. Last shot was fired as I
got to A. ’s corner. [Described how P.
went—blind horse trot and fumbling.] I
oonld not see what he had in hand. Too
dark to distinguish small objects unless
very near. Could recognise parties only
a short distance. Didn’t roo any lights.
Baw no boys on Cowdery’s steps; was look
ing for some one to ask what was
the matter. Don’t think parties
at Estes' could have been recognised by
any in front of Georgia Home. Couldn’t
do it when I was there, aud I hurried to
the spot, running most of way. Did not
see first flash. After carrying deceased
to Andrews’ store, I went baok to scene
of homicide, aud tbore I saw Ed. Howell.
He was drunk as thoy make them. Two
boya tried to carry him home but he
wouldn’t go homo. A little hoy named
Bedbnrry handed me a pistol, which he
said ho had found on the ground at the
fact of Holland. It is in my
safe. I will send for it.
Cross Examined.—Palmer passed with
in three or four feet of me. Baw noth
ing in his hand. It was on his rear pook
et. At Edmunds’ I made some remark
like “they are at it.” I made it because
I had reason to expeot a difficulty between
Major Calhonn or Cash and deceased. No
one was around body when I got there.
Body was carried to George Andrews’
•tore and I returned at once. Did not
see McE. or Cashes any where. Baw Urge
crowd and heard high words from several
parties. Howell was drunk or putting
it on. His two friends had hold
of him and he wouldn't go. He went
before I did. I went to Georgia Home
oorner. Had sent for a wagon.
T. E. Blanchard.—Do business aeoond
door below Rosette ft Lawhon’s corner.
Known deceased twenty-five years. His
reputation was that of a violent, desper
ate man. Don’t know that I fiver saw
prisoner and dooeased meet, but I've seen
prisoner walk away from him. About a
month ago saw deceased in town, and
prisoner walked away from him and oame
to my atore and oame behind oounter.
He was excited—had tears in eyes. [He
was not allowed to tell what prisoner said,
State objecting and Judge sustaining ob
jection.] He remained about half an
hour. Thiuk it must have been a month
or so before killing. At time of killing
I wss in New York.
Cross-Examined.—Prisoner came from
down the street. I hsd seen deceased on
the other side of the street standing still.
Did not see decoased at the same time.
The impression that prisoner was avoid
ing deceaRed was derived from what I
saw, my knowledge of previous difficul
ties and the conversation of prisoner.
Deo eased married his first wife some
twenty-five years ago, and stopped at
my father’s. He has been there often.
My impressions of his character were de
rived from the family and from knowl
edge during my residouce in Columbus
since 1853.
Re-Direct.—At tiroo prisoner came into
my store I wss a member of Council and
of Police Couiuiitteo, who have direct
control of police. [Defense again of
fered to prove what prisoner said to wit
ness at lime. Court refused.]
W. L. Salisbury.—This ia pistol men
tioned. Three chambers are discharged.
One missed lire. There are two chambers
loaded. No name on weapon. Don’t think
this is a self-corker. Kuow nothing of
pistols. Never had but one in my life. [The
Judge here*gave his information abont
once attaching a pistol to a bill of excep
tions and carrying it to Bnpremo Court ]
Pistol has been . in my possession ever
since. [It is a small one, carrying a
large ball. Handle nickel plated.]
T. D. Huff.— Do business with Geor
gia Homo Iusuranoe Company. The
night of killing was setting on Georgia
Home corner steps, with Cept. Tom Chaf
fin. Saw and heard first firing. Didn’t
know parties firing. The first flashes
(two) came from direction of if all out
ward to street. The first ball seemed to
go northwest, and second southwest.
They looked to me as described. They
went from the wall toward the street. I
did 4 not see parties, because just then I
suggested to Capt. Chaffin that we had
better move firing became general and
I stepped around the oorner. I was sit
ting only a few feet from Wells’ Broad
street entrance—saw no boys there. I
kuew some of the parties, but didn't reo-
ognize any in the firing. I would have
to know the dress of a party to recognize
him at the distance I was from firing.
Came back after firing. Baw a man run
ning with hat off up the street. I saw
nothing in his hands.
Cross-Examined.—Capt. Chaffin was
below mo. We were sonth of the oorner.
I happened to be looking in that direc
tion. The shots seemed to' be between
middle of sidewalk and wall. After first
two, firing was rapid. Three whistled by
me. One went through Capt. Chaffin’s
coat sleeve. One indented Abell's cor
ner on right of upper door, on St. Clair
street. I was about twenty steps from
firing.
Rebuttal.—The ball struok near St.
Glair door, either on right or left of door;
am not positive which.
R. L. Mott.— Have known dsoeased
from time he was grown. Of late years
I have heard that he was a violent, danger*
ous mau, and his character was one for
turbuleuco. It was generally considered
that if ho got iuto a difficulty he would
press it.
Cross-Examined. —Know not where he
has been for many years. Have bad no
transactions with him. Never, heard of
his killing but one man, and that was at
Grawford. People generally were afraid
of him. I oan’t say that he bad or had
not a reputation for unfairness. Can’t
say whether his reputation was or was
not tbat he would assnsHinate men.
R. W. iwJfW/jflW.—Exylaiued how balls
seemed apparently to go straight through
doors, because they were opeued. I went
baok and re-examined them. Two balls
iu lower panel didn’t go straight, but di
agonally. Must have come from south
west. In tho other panel they came north-
west. [ Door was closed when idiots were
firodend honco tho error in ado in ex
amining them when opon.]
Tim Markham.—My saloon is on Ran
dolph street, second door from Pont-
office corner. DeceaRed came there about
3 o’clock. Dr. Palmer came with him—
no one else. Don’t recollect whether
anybody else followed them there. They
were in Iiouho fully an hour and a half.
Both took drinks os they entered; went
iu room and took ha'f a dozen drinks.
Dr. Palmer paid for ten lagers. They
may havo stayed two hours. Think they
went on to Bread street. Don’t rocolloct
any mention of prisoner by them; nor
of any throats ever made by deceased
against prisoner. Don’t recollect seeing
Ed Howell there. Think ho was iu sa
loon during day. Don’t know how many
drinks he took. This afternoon of kill
ing-
Cross-Examined.—Wouldn’t swear it,
but think Mr. Howell, deceased sod
Palmer drank lager.
Granville Ellis.— On day of killing I
was doing business at Pope ft Long's shoe
store, loeated east aide of Broad street,
five or six doors above Abell’s corner.
Heard firing. I was standing on side
walk in centre, between Kyle’s and Pope
ft Long’s. Baw first flash. I was
facing south, and saw two pis
tol flashes and heard reports.
Baw flashes ooming from wall out to
street; then rapid firing, going from
sidewalk to wall. Think there most
have been at least fifteen shots. I
ran aa far as Reich’s, then went back.
Met Dr. Palmer between bank and
Reioh’s. Palmer stepped np to Mrs. Des
sau’s, talking to some ladies. What did
he say? [State objeoted. Defense de
sired to disprove the charge of conspira
cy, and show the conspiracy was on the
other aide. Court sustained tho objec
tion.]
Cross-Examined. — Was talking to
Long and looking down the street.
I think I can tell, from flashes,
which way gun is pointed at not long
distances. Have frequently tried it at
uight in possum hunting. Palmer had
right band in rear, hat in left hand.
Don’t know that he ahook hands with
ladies. Could tell persons across stroot.
Was in town on preliminary examination.
Didn't mention my knowledge until nftor-
ward. Told it among the boys whon all
were giving opinions.
A. (Jammel.—l was at home when
firing took place. About half or three-
quartern of an hour before sunset waa at
my stable, hitching my horse. Baw de
ceased at shoe shop next above,
and saw him enter alley-way, which leads
into Markham’s saloon. His action was
that of a man who was somewhat under
tho influence of liquor. Have been ac
quainted with deceased thirty years.
Reputation of deceased was that of a
fighting man—quick and passionato, and
quick to fight.
Cross-Examined.—Judged ho was un
der liquor from his actions. Tho shoe
maker was playing a fiddlo. Deceased
remarked. “If I had a dollar I would pay
you for that tune,” and immediately
stopped in alley.
Cross-Examined.—Havo no recollec
tion of saying to Mr. Jim Tom Holland
that if they expeotod to prove deceased
was intoxiouted they would have to tako
some one besides me.
Court hero asked what was expected to
bo proven by the drunkenness of de
ceased. Defenso replied several things.
State had not objected.
J. A. Robarts.—Was at the northwest
corner of Court-house, Heard two shots,
three ofhcrftif rapid sfiooensfon. Ran up
to Broad street, and when near Gawley
ft Lewis’ met Cashes and McE. Went on
to scene of killing. Baw Ed Howell.
Thought he was tight. Burgeons ordered
me to clear the crowd away. I naked
Howe 1 to get away. Ho said ho came
there with deceased and would stay.
He was excited, or tight. I saw him later.
I did not help reload MoE.’s pis’ol—
didn't see it done, nor do I know of its
being done. ,
Cross-Examined —Didn’t Ree McE. ’a
pistol,saw him with no ammunition. Was
with him from midnight to day.
Mr. Cowdcry.—No lamps wore lit in
front of my store on night of killing.
Light them only on Saturday night. Was
in Wells’ barber shop at time of shooting.
Don't think outside lamps of Wells’ were
lighted that night. I sold him lamps for
globos on April 12th.
Cross-Examined.— Didn’t see shooting.
Defense here prepared to show threats
by deceased made to Dr. Fogle two days
before killing; byWm. Wood that on the
day of killing deceased said that prisoner
must take that stick to Calhoun <fr he
(deceased) would kill him (prisoner); and
by Frank Ballow, that deceased said if he
(prisoner) did not carry that stick to Cal
houn, ho would kill the d—d son of a
bitch (meaning prisoner). [Court ruled
out all threats that were not communica
ted to prisoner before homicide.]
Win. Wood.—Baw deceased at Bans
Bouci bar hot ween 11 and 12 o'clock on
day of killing, and heard him make
threats against prisoner. I did not com
municate them to prisoner, because I did
not see him until after killing. [Court
objected to .threats being givon.] Baw
Ed Howell that uight. I took him to be
a drunken man. I have known prisoner
to avoid deceased several times. He
wonld be with his squad, and seeing de
ceased would cross street.
Cross Examined—I didn’t think he in
tended to oarry threats out. Prisoner
avoided deceased at Ban Bouci. Prisoner
walked across street. MuE. may have
been with him several times. Didn’t uee
Ed Cash around.
Col. Ingram suggested that tho jury be
allowed to visit localities. Judge said
their motions were uutraiumeled. He had
instructed the Sheriff to allow thorn liber
ty as a body to go where they pleased, so
that they did not communicate with the
people.
The oourt then took a recess from 1 p.
M. till 8 p. xi.
AFTUKNOOM SESSION.
Court reassembled at 3 r. m. Audi
ence much loss than heretofore. In
creased during later hours, but still far
lepR than heretofore. The trial is evident,
ly dec.leasing in interest an the case prog
resses. When tho speeches are made
thore will he a jam. There wss a crowd
after 4 p. m. Defense resumed.
Early Slaughter.—Day of killing I was
in rear of Tim Markham's with deceased,
Palmer, Mr. aud others—late in
afternoon—in neighborhood of 5 o’clock.
Don't thiuk Jikl Howoll was tliero. Saw
deceased have two pistols on table. One
was a revolver. Don’t know what tho
other war. Paid no attention to them.
We were playiog poker, when deceased
said he would raise the bet two pistols
and laid them on the table. Think I
won tho oheoks. Didn’t aee pistols until
laid on table.
Cross-Examined.—Reoolleot three in
game. I didn’t pull down the pistols with
pile. Game lasted tone time after.
Smell game. Low checks. Deceased
took piBtols off. That looks like one of
the pistols (being shown one). The other
was either a derringer or revolver.
Re-Direct.—We call those pistols “bull
dogs.”
Thomas Chaffin.—Evening of killing
was sitting on steps of Georgia Home
building—south part of oAoe steps, on
second or third round of steps—with T.
J. Huff. I heard no conversation. I
didn’t see first firing. Don't know
what direotion it oame from. Huff’s face
waa turned down street He waa looking
at me. I stood up on my feet. No lights
along there, I think. Saw no persons
between me and firing. I was ten or
twelvo feet from entranoe to Wella’ bar
ber shop. Baw no one there. Those
two globes in front of barber ahop wera
in my line of vision. Don’t think they
were lighted. Oonldn't recognize a well
known acquaintance at Eates’. Too dark.
Didn't see laet shot. I waa around cor
ner. After firing saw one man running
up street. Don’t think be had hat on.
Don't reoolleot seeing anything ,in hie
hand. Firing had tbeuoeaeed. Ball paeaed
through my coat sleeve. WesStanding on
top etep. Baw seven or eight shots be
fore I passed round oorner. Baw neither
young Watt or Walker run round corner,
or anybody else.
Cross-Examined. —Standing np saw
several flashes. It seemed to me three or
four persons woro there. If shooting was
across me I could tell by flash in which
direction firing was at a distance of fifty
yards. Don’t remember seeing Howell
tbat uight.
Re-Direct.—I only saw shooting uudor
Estes’ sign.
G. W. Cooper.—At time of killing I
was at MoscheU’s work shop on Bt. Clair,
cant of Broad street. Rau to Broad.
Firing had ceased then. Baw Mr. George
Yarbrough twenty minutes after. I would
recognize him if I were to see him.
[Pointed him out.] What did he say?
[State objected. Defenne stated they de
sired to show Mr. Yarbrongh had said
that night that he didn’t know who did
killing and would not have known prison
er save by his uniform. Objection sus
tained.]
Ed Dickens.—I was in Wells’ barber
shop at time of killing. Know ws had no
outside lamps that night. Baw no one
standing at front entranoe, though I
looked up after first shot. Wo did not
buy lamps for the globes until April 12th.
W. E. Barnard.— Prisoner never
made a threat in my presence against de
ceased. Prisoner never in my and Dr.
Cook’s presence said if deceased ever
oamo on this side of the river he would
get his jugular.
F. Ballou.—Vise in olty afternoon of
killing. Baw deceased abont 3:10 p. m.
Deceased had a stiok. Baid he wanted a
man to carry it to Major Calhoun. I
asked him who the man was ? He said,
“That d n captain of police.” I told
Mr. George Brown of it. Dooeased was
killed on same evening. Deceased said
if prisoner did not oarry wtiok to CAlhonn
he would kill him. [This was ruled out.]
Cross Examined.—I work at Eagle ft
Phenix Mills. Was near John Brooks’
waiting for Dr. Terry when conversation
occurred. John LinneUan was with me.
Mr. L. spoke to him first. Deceased said
he had a stick ho wanted to havo
carried to Mr. Calhoun. Don't thiuk I
ever had prejudice against Hollands, or
said such a thing to Picket. I way have
said that the attack by deceased wss pre
meditated. Didn’t say I wanted to swear.
Defense rested at this point.
FOB STATE.
Emmett Cody. —At time of killing was
half way hetweeu Abell’s aud Proer ft
Illges’ and Georgia Home, when a police,
man whistled with month to him, and
Ed Cash went baok and joined
officer. Ed Cauh was half way between
Goorgia Home aud Preer ft Illges’ooiner.
Cross-Examined — Killing was five
minutes after. Didn’t see parties after
wards.
Russell F. Jones.—Live in Alabama,
twenty miles away. Was here at killing,
iu front of Oowdery'a when firing took
place. Baw group of men talking lond.
Baw firing. First seemed to come from
outside to wall. Heard three shots and
ran around corner. Couldn't tell where
other shots came from. Baw four or five
persons in group.
Cross Examined.—1 was going from
wagon yard to Central Hotel, and was in
front of Cowdery’s. Baw Capt. Chafflu
on steps. Didn’t see Walker. Know
llol aud. Didn’t recoguize him. Was
twenty feet away. Too dark.
Re-Direct—Have met deceased.
W. II. Cody.—I was on Broad street at
Virginia Grocery, at the tirno of
tho firing. Did you see prisoner
get a pistol tbat evening? [Defense ob
jected. BtAte claimed it because they'
pr« posed to show that Calhoun was a
particcps eriminis. Objootion overruled.]
I saw Major Calhonn give prisoner a
pistol in front of Wolf Moses’ a short
time sfter killing. Prisoner went down
Htroet. Don’t roinomber seeing Tiff
Moore. McEachren and Ed Cash were
present. I went to see body. Baw Ed
Howell. He appeared to he sober.
Havo known him long time. When Mujor
Calhonn handed prisoner pistol whit
did ho Ray ? [Defense objected and ob
jection sustained.]
Cross Examined—Haw Jim Tom Hol
land, the prosecutor, a short time after
the killing- He had a double-barrel gun.
“What did he say he meant to do with it?'’
[Objeoted to and objection sustained.]
Re Direct.—Tho gun was not couceal-
ed.;
Re-Crost.—He was hunting for some
one.
F. L. Brook*.—'‘Did yon witness any
thing in front of your store between
prisoner and Galhoun?” [Objected to.
Recolleotions of lawyers on both sides
differed and record was appealed to.
State Baid they were prepared to impeach
Moore. Oourt ruled it out because oonrt
reoord showed no foundation for it.]
A. Cad man.—Was in Columbus at time
of killing. Know nothing about shoot-
ing. Had a conversation with Ed Cash
after the killing. I waited on him a little
while at his home bathing his head, etc.
He said, after I had brought him sornp
oakea at hia home, to hia mother, “I will
get plenty of money to-morrow.” lie
didn't aay where he oould get it. A day
or two afterwards he said he was going
to see Major Calhoun to get two dollars.
Ed Cash called me ont on Court-house
poroh tho other day and said I oould state
he wss under morphiuo wheu ho spoke to
we at his mother's.
Cross-Examined.—We had this last con
versation Wednesday. Ho referred to
might conversation whon ho greatly com
plained of his wonnde! lmud. Killing
happenod Monday. Two >r three days
after killing ho hud sooond convocation
—the two dollar one. Am not certain
about exact time. Deceased oame in baker
■hop Saturday night. Friend with him
had a pistol. Don’t know that my father
loaded a couple of revolvers that night
Friend took a pistol.
H. 8. Estes.—Night of killing I had
just left my store, 113 Broad street—two
stores above Freer ft Illges corner—
■boat 100 yards from Estes’ shoo storo.
Heard firing. Oonldn’t tell which way
flashes oame. No obstructions. Didn’t
see first flash. There are trees growing
in centre of Broad street, though whether
they would obstruct a view from Carter's
drag store. I am not prepared to sny.
My store is a little below Long's on oppo
site Bide of street.
Cross-Examined.—The treos on Broad
street are 20 or 30 foot apart, aud woll
trimmed up. Time, about dark.
Joshua 8. Roper.—I came with prison
er to guard-room. Tom MoE’.ohem was
there. Alderman Flournoy caiuo in n
little while. Dr. Word was there. Baw
prisoner's pistol. Baw what wan said to
be McEaohern’s pistol. IC was given to
me in the passago by Alderman Flournoy.
Didn't examine it. Aldoruian F. gave
me pistol and cartridges, which he said
were McEaoheru's. He did not tell mu
to, and I did not load it. MoE. told mo
afterwars to get his pistol from F. aud I
did so. F. gave me three or four car
tridges. He said nothing. Mr. Moore
was in guard-room. [Court ref used to
allow '\hat F. said.]
Croat Examined.—All I know about it
is what F. told me. F. was fooling with
pistol when I first saw it. McE. told me to
get his pistol. Was not a mob threaten
ing to come down and murder prisoner ?
Thoy said thore was. I don’t know if
there was. Was not the prosecutor and
friends armed and hunting Cosh ? I dou’t
know. I didn't see Howell that night,
and did not take hold of his arm.
Missouri Snider, colored.—Kuow Thom
as Yarbrongh. Lives with Jesse Wright's
mother, on north common. Mr. Tom
Yarbrough hadn’t moved in yard until
after killing. Been on same lot with us a
month. When subpeeua came ho wuh not
there. Mr. Y. said ho didn't kuow any
thing about it. Baid ho wasn’t there
until after killing, and know nothing to
go to Court-house for.
Cross-Examined—Don't know gentle
man that oame after mo. He told mo to
oeme a tow hours ago. Mrs. W. told her hou
what Y. bad said aud that I had heard it.
I was not to get anything for ooming
down here. I dou’t know whero Y. was
Monday. Came homo at 10 ▲. m. Wasn’t
there Baturday. He was not out Monday
threshing wheat in Alabama. When gen
tleman was near railroad Y. came through
baok gate. * Y. then oamo down town.
Came baok about 41*. u. Haven’t known
Y. a month.
W. E. SandeJ'ord.—Was at iny atore on
Crawford street. Hoard firing. Baw
Howell st place. Didn't thiuk ho was
drank.
Cross-Examined.—He was standing by
my side. Didn’t see him walk.
S. O. Lloyd.—Am County Coroner.
Baw Howell. Jim Tom Holland at first
declined au inquest, and aftorwurdH de
manded it. In hunting for witnesses
found Howell in Heyman’s talking to Dr.
— and pothers, and summoned him.
I did not think he was drunk.
Cross-Examined. —Iloweii and party
were not drinking when I saw him.
Others were. J. T. Holland had double-
barrel gnn in hand when I saw bitn. Met
Howell at entrance to Dozier’s office, lie
was not drunk. Later in night, saw him
when 1 thought ho was under 'intluonce
of liquor., in Dozier's officn. J, li.
Wright waa thoro getting warrants for
two Cashs and MoEachern. Was eleven
o’clock when I saw him iu office.
O. B. Richardson.—0. H. Williams
and I talked to Kd Howell ton minutes
after killing. Got part of my statement
as local editor from him He did no*
seem to bo drunk; sho wed no indica
tions.
Cross-Examined. —Didn’t notice his
walk particularly.
J. <?. Andrews.— Howell didn’t talk
like a drunken man to mo in early part
of night.
Cross-Examined.—It was ten minutes
after I got up town.
Robert L. Bass.—At timo of killing 1
was passiog Abell’s corner. Attention
was attracted by two pistols. [Described
firing as others had.] W. E. Barnard
stepped from crowd, and as be got on
sidewalk, uesr Cowdery’s, I beard him
say, “That's all right. ’ Don’t know to
what he alluded.
Cross-Examined.—He was conversing
with a gentleman. Didn’t hear prisoner's
remark.
W. A. McElvin.—Have slight acquaint
ance with Tom Yarbrough. I have beard
him spoken of frequently. I always
hoard his reputation was bad.
I wouldn't believe him on hia oath.
Cross- Examined.—Live in Leo county,
Ala., one milo from Columbus. Been
here every day this week. Am no rele.
tion to deceased. Am brother-in-law to
Jim Tom Holland, the proeeoutor. We
.married sisters. Don’t know where Yar
brough now Hvee, end never knew where
he lived. I judge of his character from
one man. I have heard B. M. Iugersoll
Hpeak of it this week. I oonld name par
ties connected with Mr. Holland. Can't
thiuk of others now—none of them—but
urn satisfied have heard some.
S. M. Ingersoll.— Tom Yarbrough's
character is bad. I wouldn’t bolieve
him on oath.
Cross-Examined.—I lived near him in
1872. Have not known anything of him
since. Heard Mr. Perkin Clemons aud
Win. Byrd s|>eak of it sinoe. I liavn’t
owned a pistol iu fivo or six years. 1 did
not lend deceased a pistol, nor my broth
er, that I kuow of.
Henry Howswortfi.—After ki . ■ was
at sceuo of homicide. Pass* Kaukin
Houho aud saw Major Calhoun give pris
oner a pintol. > Objected to, Lut over
ruled.] Didn’t xvcognize parties with
prisoner.
Cross-Examined.—Was going up town.
This was after shooting. Don’t know
that pistol was loaded.
Berry Robinson.— After killing met
Robort Rhodes at Masoogee Home corner.
What did he say to yon ? [Objected to.
Objection sustained until foundation was
laid. State proposed to lay a foundation
and Rhodes was directed to ho called.
Not boing present, was sont for. Stato
propose* to show ho was not where he
sworo ho was.]
Wiley Williams,—Was ooming np
Broad street, aud when at Heyman's saw
firing. First shot came from centre of
sidewalk to wall; Second one a little
above and further out to sidewalk, and
aIho above. Filing was then general.
Don't know who fired the shots. Suppose
I wrh fifty yards a way.
Cross-Examined.—I didn’t see shy-
body between me and firing. I heard it.
I thiuk I hbw first Hash. Didn't see Geo.
Yarbrough or McEaoliern. Met Ed Cash
coming down Rtreet crying end prisoner
saying “G—d d—n you, hush up and
oomealong.” Haw a slim black negro
agaiust Heyman’s.
W. D. Thurman.—Have known Tom
Yarbrough a good while. Lived in my
neighborhood several years. I don’t
know his general character. His repu
tation is a bad one. From hia reputation
1 wouldn't believe him on oath.
Robert Rhodes (cold) recalled.—I bad
tio conversation after killing of any kind
with Berry ltobinsfin. I didn't aee him.
I had no conversations with Henry Croft,
or Charlie Holbrook, or Frank Johnson,
about tho killing. At time of killing I
was not playing cards in Charlie Hol
brook's. I did not talk to any one.
Cross Examined.—I stopped five min
utes iu Holbrook’s. Don’t know Henry
Croft. Know Milton Croft. Did not say
4i word to any oue about killing between
scene and Wad worth’s.
Berry Robinson (col.) recalled.—Live
iu Fourth Ward. Been living wilh Wil
liam Beach four years. Evening of kill-
iug came down to Georgia Homo, then
to Muscogee. Firing brought mo buck
to Georgia Home. On my way hack
from body of deceased home I met Rob
ert Rhodes. He asked me who was shot.
I suid Mr. Cash had shot Mr. Holland.
Cross-Examined.— Several parties were
on tho street. No one was with me wheu
Rhodes spoke to me. When Rhodes
commenced sweating Wednesday I look
my hut nud went out. Do you remember
anything anybody else asked yon ? No.
I'vo got n wife. Do you kiss her? That's
my business. [Laughter.] Don’t kuow aa
anybody was with Rhodes. Mauy people
arouud there, hut I remember no one bnt
Rhodes. I don’t recollect meeting Frank
Madden, nor that Bill Johunou asked me
such question as Rhodes. Didn't mou-
tiou what I kuew until Wednesday.
Milton Croft, colored. —Met Robert
Rhodes on corner Georgia Home, and he
asked me what was the matter. Told
him CuhIi had killed Holland. lie was
coming from Muscogee Home corner.
Cross-Examined.—I work at Heyman's.
Iu all the crowd that gathered around he
is the ouly one with whom 1 had n con
versation. Didn’t see Berry lb hj .‘ on.
Don’t rocolloct anybody else aJ g me
but Bob. Don't remember tl.it Tony
Juukius asked mo anything. I told this
first after I heard l bat Robort Rhodes had
been sworn. ToM Charlie Frazer aud
Charlie Christ - *n.
Chirks Holbrook, colored.—I keep a
bar-room near Muscogee building. Hoard
tiring. Robert Rhodes came to my bar
room that night. He came in fifteen or
twenty minutes after shooting. Ho said
ho was up street and triod to got to firiug,
but woh uuablo to do so until firing whs
over. He was asking questions like the
rest.
Cross-Examined.—Didn’t know which
way he came or went. Frank Johnson,
Ed Hill and othorK were in bar-room.
Rhodes didn’t take a dnuk. I mentioned
wliat I knew fir«t time Wednesday night
in presence of Tom Glover, Biiium Clarke
and others.
[COM I I Ml'Sl> ON FOURTH PAUB.J