Newspaper Page Text
THE EXPRESS.
Oodartoxvu, May find.
JTJO. W. XiAPLEY Editor.
Tits Express has a larger circu
lation than any other newspaper
published in the 38th Senatorial
"Irtrir.t.
■ 139“ Wo present to our readeur at
no little trouble or expense a full ac
count or tho trial in Haralson comi
ty up to the hour of going to press.
Our next week’s paper will contain
the remainder of the State’s testimo
ny and that of the Defense witli tho
finding of the court without com
ment. We do not think it the prov
ince of a newspaper in cases of 11s
great importance as this to express
opinions to prejudice the minds
either way. Wo will gjvo the testi
mony—nothing more.
The Florida Trouble.
The confessions of somo members
of the Florida retnrnrpg board of
1878, fotiowed by the confessions of
saporriaors of elections in several
^ counties of the Slato, is crcatiug
some stir in the .pplilical world.
, The developments made by the afii-
davitsand statements of these forg
ers are simply confirmation^ of facts
which all well informed ‘men bp-
lieved at the' time. The accounts,
willingly and nnblpshingly given of
alterations of returns, show plainly
the method deliberately adopted by
the Republican leaders to curry the
State for Hayes. It adds a loaf to
American history, and another tri
umph to Radical'fraud and trickery.
Tho leaders of the Republican party
wfi supposed were as corrupt ns a long
lease of power usually renders poli
ticians. It remains to be seen wheth
er the masses olj their party are so
corrupt themselves or so blinded by
prejudice.us still to support snob
men. The accomplices have con
fessed; they are strongly corroborat
ed by testimony aliunde. There is
no intelligent or well informed mind
-'?> that is not altogether obscured by
.7 -prejudice, that does not believe the
free and independent state of Flori
da was cheated out of her vote fgr
, president by the crimes of ajew des
perate adventurers. The masses, we
think, of all parties, are satisfied that
theso frauds were committed, not
onjj with, -the sanotibu, but .were,
bonoeived by'the Republican leaders
and executed under their directions
and with their help. If the majority
of the peddle of the United States,
oonviuced that these frauds were
curiimitted by the Radicul party,
will still endorse and sustain that
party in power, we have but little
>' hope for the future ot the repnblio.
It will be conclusive evidence of uni
versal corruption. But we cannot
believe thiB. We are convinced from
all that we cau learn trom the news-
pupnpers, of the feelings and pin
ions of the Democratic congress
that no steady or well supported
effort will be be made to unseat
Uuycs. The cry is for peace and
tranquility throughout the cogntry,
and for tho submissiomof the matter
to the peoplo in the-coming cam
paigns. If tjiore isfitul any honor
in tljg massos the democrats can
iecurcly that verdict.
was, he was lying dead. I went from
Mr. Rambert back up to Air. Mose
ley's and found no one there but Mrs.
Moseley. I saw no olio coming from
where the shots were fired. After
the shots were fired the man called
out old Harris. Did not see him
como running. Don’t remember
what pa said. It was about J or one
hour from the time I heard the hol
lering and went where Air. Lambert
vrus. I went home from.Mr. Mosc
ley’s. During all this time 1 don’t
know where pa was. I went back
home at 10 or 11 o’clock, saw no one
at home but ma. Pa went back home
with me. I saw no one 'on the roud
as I went back. I loft no ono at home
when I left, nil were in tho Held,
Sam, Willis and Claud were in tin
field. I think Claud went to the field.
Claud Chisolm was not nt our house
when wo left. Our folks, Willis and
Air. Lambert stayed at home the
night before Afr. Lambert was killed.
Claude came to our house the mesii-
ing Air. Lambert wift 'killed while
We were eating breakfast Air. Lam
bert was eating breakfast when
Claude came. Claude Chisolm and
brother Sam started in the direction
of Air. Baldwin's. Air. Baldwin’s is
Boutli of our house. Air. Baldwin
lives about I mile front us— iq sight.
It is f mile trom onr house to the
forks of the roud where we left Air
Lambert. It may bo .) mile from the
forks of the road to where the road
crosses the branch. Air. Buldwin
lives less than I mile from the road—
the Baldwin’s live nearer or about
the same distanoe from the-forks of
the road that pa does, the house the
Baldwin’s live in is on pa’s land.
•Claude Chisolm remained at our
house about 10 or 15 minutes before
he started over to Mr. Baldwin’s. lie
had no gun or pistol ns I saw. I have
seen Claudo with a double barrelled
gun. Don’t know when it mis, I
think lie hud a double barrelleugun
oil Thursday evening; he left it at
our house Thursday night and it
stayed there until Saturday when lie
took it up “about Cednrtown. The
Baldwin’s have single barrelled guns,
they have no pistols. Mr. Lambert
left nothing at our house that 1
know of. Claude left our house af
ter supper, he cqmo back Friday
moirning. Pu left’florne Wednesday
morning and returned TliiifsdAy
. 4 U41.« .. liUlx 1.-
STATEMENT
Of Evidence for the State Taken at
Bucnanan, Be.,
Commencing on April 25,1878, In
the Caee of the 8tate va. Ho
ratio Chisolm, Claud Ctila-
olm and W. H. Ballntore.
* ' dTvied before Justice Isaao Weatli-
erby A. J. Farmer und A- D. Mo-
Keitchen.
Moilie Gallimore ^
v {being sworn, testified; That the first
, - time I was ever .sworn in court. I
Went lust Friday morning up to
Mr. Moseley’s, Ala and Pa went with
« u»e. t Mr. VJT. H. Gallimoro is my pa.
MmjR A. Lambert came to the forks
V 'gTwVqad with us, he took the left
bqud rpa’d and we took the right
Pit., 'hand. He was living and in good
health. We had got about Haifa
,v mile ami heard a gun, but paid no
- attention to it.and then heard 'a sec
ond gun and heard Bomebody holler
- and lie called for pa and pa answered.
PaStartsdaedma wouldn’t let him
got ShJrtpId'|iim to go on tip to
Mh Mbaeley'a—he ,waB not there.
Wb stayed awhile and after a while
some little oliildrcq Of Mr. Moseley’s
came along and said a man wife kill
ed; wo went- to Mr. Summerville's
about half a mile Off. We say Mr
Summerville. He went with Char
ley Davie to Mr. Moseley’e. When
we returned to AIj-. Moseley’s no one
was there—did not see ’ pa there
nt back to Mr. Moseley’s,
to Where Mr. Lambert
then Mrs. Galliuiore. 1 did not see 1 gut there Young told him he had
Atoliio when ’she came. They all | found his mare that hud been stoleu.
came one behind the other—no piece i He'found her in Alerlwethsr county
apart. The order I buw (Item in Avas
first Airs. Gallimore tlion Gallltnore
and Aloiiie. I was in the garden
when they came to my house-.
P. A. Gallimore being sworn testi
fied : I ail Coroner of Haralson coun
ty. F. A Lambert was killed, I have
ball. (Defendants admit that Lam
bert’s deatli was caused by a gun
shot wound in Haralson county, Ga.
It was on Fridaywhen lie was shot.
in the possession of a Mr. Thunder
burk. Young told him that he hud
the name of ono E A Lambert as the
man who sold Thundertrark the
mare and asked Gillimoro if he
knew such a man usE A Lambort.
He said lie did and expected Lam
bert would be at his liousc that night.
Young promised Gallimore a good
foe to betray Lambert into his,
but ono going this direction. We
went on the roud looking for trucks
seeing 1 but ono. We went on and
saw his hat. Gallimore said now
lets see if we can discover where it
was done. W^ looked and saw somo
bustles cut and coming on out this
way, there wu saw where somo n\eu
had been' sitting on u log with signs
of tobacco spit. Gallimore said there
were two other plades. I did not
see them, we turned back to look for
track's. We wont back '^n the road;
f saw Lambert Into Friday evening whether or not he said lie accepted
Young’s hands. Don’t remember (j leru w ' ti3 u Yer y p],,,,, t r „ck that hud
the 19th April 1878. Tho ball I hav
(presenting it in court) was taken
out.of Lambert. It wus taken from
the right side, 1 think. I found the
dead body something near ^ mile
from the Biiclmimn road—about 1
mile north of the branch. I don’t
know the pistol tho ball was shot out
of. 1 have seen pistols that shot bulls
like it. 1 owned one. Liiqid Lewiq
had a pistol that shot one liko it,
Don’t know who' Lewis let have it.
I examined near the crossing of the
road, saw signs. Saw an open way
cut out to a log—tliiuk it was a
chestnut, there were bushes—the
opening looked liko it was cut by
knives, fit was just a little opening
cut out so ono'con’itl see to tite road.
1 saw only one. I saw where it look
ed like there had been three stamp
ing places—three trampled places.
Never noticed any gnu wadding.
This is all I saw about the branch.
I looked around up and down the
branch. I saw above there where
some horses laid been fed and hitch
ed—from the signs two horses and a
mule—judging from the trucks. The
horses were hitched up the brunch
in a thicket about two hundred
yards. I saw a suck hanging with
oorn in it, it looked like u llnx sack;
had letters on it. It hud two holes
torn in it. I followed the horses
trucks apiece; they led a westerly
course towards the Gedartown roud
and oMesod. They crossed betwixt
Moseley’s and the Corinth meeting
house traveled through the woods.
I tracked them on to tho roud this
side'of the old 20th court ground.
The old 20th court ground is North
west from where I found them hitch
ed. They went on between the forks
of the t|c(|gr}nwii road and the old
sometime in the evening a little be
fore snn down. Mr, Lniqbert got to
father's house hatwefv 1 und 3 ofatook*
Thursday evening. Saw no one pa^i
our house Tliursday'eve'ning. Mr.
Humbert left some,bacon—middling
meat at our house. Mr. Lambert said
he was, going down to Adums Gol
den's; he said he would meet uS at
the forks of the. roud and return
home with us. When the guns fired
pa did not say who lmd killed him—
lie did not suy he was afraid to go
down there;,ma-would not let him.
I ran the fastest. I saw Wm. Moseley
Jr. in the field as I passed lie was
plowing. Pa left homo soon after
breukfast to go up to grandma’s. Pa
and Air. Lambert went to grandma’s.
The shouting occurred about 8 or
o’clock in the morning. I heard two
guns fired, a cap burstod and then 3
more fired. It seems to me thnt Air.
Lambert’s name is E. A. Lambert.
No body got a sack witli corn at our
house. Mr. Claude- Chisolm wears a
white hat, tie had on dark pants same
color of coat that he has on now
whioh is dark. Claude usually wears
Tom Pearce’s overcoat. Don’t think
ffi had the overcoat. The overcoat is
black. Claude Chisolm and Sam left
our house immediately after they
go,t done eating.
,Cro8s examined.—Tt is nothing un
common for pa to be away from
home, he dou’t stay there half his
time. I am certain Claude bad on a
coat—think the coat be now has on
is the one, which,is not an overcoat.
Mrs. Nancy Moseley b«
testified : I-live f of a m!)j
forks of (he road—about J-,
where till killing was done. > Saw no
one pnsB/ Did not know Lambert.
. Heard five reports of guns. The first
one after the firing I saw was Mrs.
Gallimore then Gallimore. Galli-
' TOO re came to the garden; he; said to
me that some body was in distress
down there, I expect it is Lambert.
He did not say who he believed it was.
He was very muoh excited. I don’t
recollect his saying any one called
him. He stayed at our house 1 or J
of an hour before he went to see
about it. Frauk Summerville, Mathi
as Miller, Charley Davis, Harris Gal
limore and Wm. Alyseley deft my
house together to go and look to see
who was in distress. Gallintpre Ufeen
he first came to toy house sajd lie ex
pected it was Lambert that Was -kill
ed. I did not see any of the other cfe-
fendants—would not “have known
them had I Seen them.
. Cross examined —It was between
9 and 9 o’clock the firing occurred.
Mollie came first, Gallimore next
^Qlh.ooiisfcround. They went on
to Ifie Oetfartown roSd. From where
Xfound the traoks until I - left them
wn* ■ railerftf One - h»»W.
track was large, then nsm after track'
of a horse and a mulS Araok. Saw a
good many traoks. Suw oue very
large horse track. There was noth
ing peculiar about the tracks. I got
the papers and tilings out of Lam
bert’s pookets. There wero some pa
pers, u pocket book, two day books
perhaps, a pen and ink- I saw on
Monday morning where the horses
were hitched. I tracked them West
acrosJ the Carrollton und Cednrtown
road. They went mostly West until
nearly opposite Sim Dean’s, this is
about two miles from where the kill
ing was. They were going North more
then towards Oedurtown until they
got to the road, then, I dou’t know
which way they weut. They went
into the roud running front Villa
Rica and Carrollton to Oedurtown,
Ga. When they got to tBis roud I
don’t know whioh way they wont
but if they kept on they went
straight across it. Where they went
into the road there was one ulso
leading to Bnchanan. I did not
croBS the road to soe if they crossed-'
it.
the fee bnt said Lambert came to his
puse according to promise aud lie
said to Lambert during the conver
sation thijt night that Young hud
found llis mare—Lambert appeared
very muoh excited—asked him what
hewottld charge him to get. him out
of it. He, told him it depended on
circumstances. 116 then asked Lam
bert if he sold. Thunderburk this
mare: lie said he did. lie asked him
if he knew it was Jim*Young’s mare,
h« said he did. lie asked him if,-lie
talfin.lior himself. He said/that wus
unfair question. lie then usktid Gal-
litnore his advice. Gallimoro . ad vis
ed him if lie stole the mitre to leave
tile country. The deoil body had
seven wounds that took elleot—some
slight, they wore of virions sizes.
One wound, perhaps two wounds
were made by balls thnt seemed to
be larger tlum a buckshot; the rest
wore about the size of buckshot. I
saw Claude Chisolm there I think
the duy of the killing. Think his
hat was nearly white. Don’t remeip-
bor as to his coat. Gallimore appear
ed excited and told me lie was some
what confused. lie has so fibred from
rheumatism. On the Coroners ex
amination lie wes sealed on the
ground while testisying. There were
many where the bod^ was found who
seemed to be excited, At the Coro
ners inquest many were seated, llis
Gtillimore’s excuse wss that he was
suffering from rheumatism. I, my
self, have advised hini ill regard to it
and prescribed for him previous to
thnt time.
II P Lumpkin being sworn testi
fied ; That Horatii) Chisolm got a
horse from mo last Thursday eve
ning, don’t remember whether he
come for it liiinsejf-or sent, I saw
him oil the horse As lie left. Ho
went out the back chd of the stablo
unit across by Philpqt’i} store'jtjfFfite-
h>w tUtt «tre»lav;.lV*aaJAruivi
licr'8e twduli iSreiafhu.. time- Saturday
following. Tigp-shorre was a sorrel,
blaze in laoejvqf. tHodiifm me. U 'saw
the defendant' Galliintov’ j» ‘ Cedar-
town perhaps WeilnbiAurVaiid Thurs
day of last week. . I anr him sitting
in Oltisjjta’s
wltei-e he stayed Wi
I hav® frequently?
Chisolm—Horatii,
his going out thereto ila.; hj.e msiially
went out the frujt d ojH' I-general)
eat. breakfast ubourt i ftJBour . by sufi.
Cross examinMa -iMkeep. a feed
stable. I supposed, wken Otiiwlm
was crossing the strl -tjjlf/was gbiiig
home. Bruita or- i laBjjjsU'eet ledds
to this county. Thyiiorae-sa named
..l' S „ fj.i_ Du/.. >V
fefjp* kupw,
RlW. ayjht.
\-vtforsA v to
ateppetf across the gully looked to bo
narrow heel of a boot or .shoe—a
long foot. I Didn’t measure it—some
did and said it was 12 inches long.
His hat was lying in the road. I
suggested not touching the hat Gal
limore said be would lake up the
hut and be responsible, and picked it
up and we went to go and see if we
could see the truck where Lambert
had run. It looked like there might
have been a track or two that had
crossed the branch in the direction
he went. We saw no others. We
went on back where Lambert was ly
ing when we got to him it looked
like raining. We built a shelter over
him. Harris Gallimoro proposed to
go and see Hesterlieand have hiscof-
liu made. I said <we can’t touch him
and can’t get the measure. He said
one could be made large enough.
Gullimorq went off, I saw no more
of him for an hour or an hour
and a half before he returned
where the jU - man, was. Mr. Galli-
inore appeared very much excited.
He remarked that he was in as
much danger of his life as Lam
bert was. Jle indicated no piyrttfn as
in danger. > Claude Chisolm hud"
a white looking hat with letters
tne riiy. He had on a black ove^
ooat.fit was after we had gone to
the branch and came back before
Gullimot'e went for tne coffin. It
was probably an hour before ho
proposed to go, and have the coffin
made. I'he truck I saw going into
the road was going in a north course.
The trucks I saw were not all Lam
bert’s tracks. The tracks I saw
were going on up the road. The log
was on the .south side of the road.
Gross.—A good many men .came
in the evening where the man was
dying. I don’t remember seeing any
other men with overeats on. I
was killed. We went on down^and
some mention was made about send
ing after Mr. Bud Carter. We seut
after him; after awhile he came. In
the time of it Mr. Gallimore said to
Charley Pavis that Mr. Yonng did
not want him to say anything about
that note he sent over there. Sayo
he, I don’t believe Mr. Young killed
him, but something connected with
him was the cause of it. Mr. Galli
more said Mr. Young gone and got
a mare in M,erriwether county that
had went through Mr. Lambert’s
hands, and had found out where a
mule was. Said he, what will you
take to go with me dowii there after
it? Says I, I don’t know; wliat will
you give. Ho said, I dou’t kuow;
what’ll you take. Mr. Gallimoro
was pretty badly excited; we were
all excited. Don’t kuow who was
excited the most. Mr. Carter came
about this time. Wc weut down to
where Aft. Lambert was killed.
Cross examined.—I went to the
Torks of the road and sent after Mr.
Carter. . But one' track was seen.
From t here to whore the bushes wero
out flbwn I saw hut one track. Tin re
I saw his hat. From there we to ild
track him no farther; suppose he
went into the woods. ChurLy Davis
called my attention to the firing and
said whalttu the hell does that mean?
We were all excited. Mrs Davis,
Charley’s ipu^her, came running
down th™. ' Charley Davis is a
brother to Torn Davis. Mrs Davis
appeared excited. Tom Davie came
with Mr Weaver’s^folks Friday, the
day before, and the day they had thy
post mortem exuminaffbn. The
shooting was between seven and
eight o’clock m tho morning. It
geuuraily draws attention tp hear
two fires of a gun, but they generally
(ire when thoy get ready. Have
subscribed jiothing to pay counsel to
prosecute this case.
A Thomason being sworn ti stifled"
us follows: I was where the dead-
.shook hands with Clause thinki
Mswati Hofatio. ,- I never ^ftw^Gluu
i«M»r!r v Ttf TT]m j tract came in
tWnswriiiy-'flbgerVe his overcoat, tracks went in the direction of tyo
Raymond, a noted-'d lejinVthis B7tun-
ty. s ' Don’t Tcoolleslllft;-. h*|foy ft'otti
this county. I saw 0 i of the Alilnttls
don’t know ‘whicliv onv-r-wtth tne
wife, a very large ^Jtt pall. • I sa\V Jo
seph Brown there ! lew , daw-days
ago. Philpot’s storfi t fi3 u vepy pub*
lio place. I saw a Air, Latham thei$
in tlie course of a*- jfeok .lately, t
don’t ’remember seeiiiij G^HflttOre any/
Mbera ^xcept Cliiaolf
Dr. M It Phillips being jisworn ,bim walking. ^Gall
testified : I examined the^pluce where
the shooting is skid to have thken
place. It ,waa on the road leading
from Draketown to Buchanan on a
Aranch—coming from Draketown to
Bnchanan. Just after crossing the
branch 10 or 15 steps this side of
the branch an opening commenced
a few scattering brandies supposed
to have been cut by a knife were
seen from the road, it reuches about
20 or 26 steps. There is only one
aveSiue that I have seen. There is a
tolerably large pine tree and chest
nut log falling on tho free which
made a place of concealment. This ttxe -
is at the end of this avenue. I saw
some little signs of trucks about the
tree and in the road. I suw wliut ap
peared to be ambeer oil the log, saw
nothing else. The trucks were nu
merous—and all sizes—persons had
been there before me. I could not
identify on this account. This is
perhaps a little West of South Irom
Harris Gailimore’s and about a mile
away. The Baldwins live a little
Southeast of Harrison Gullimore and
about i of a mile distant. I saw tha
defendant Gallimore near the dead
body. He stated to me that he had
received a note from Young in which
Yonng wished an interview ..with
Vallimore and he, Gailimqre, -took
dbrier with Young ’at Young’s
hduse on Thursday the day.-before
th|, jtillmg. He said th "
slipping or hiding
do store or place'SO:
save u dental offici
ofiice. A crowd of ii
on a vaoant lot Si
store. I Know of lW othir way for
Chisolm.to,go to hisisgidjqce .with
out crossing tlm Sfsot.‘Where lie-
crossed the str^tisr'q^nilly, us pub
lic a place as' any y|e could have
crossed. V’
•rj , - --V-
Win.Moseley beihj? sworn ^testi
fied : I was at Adam/,
day of the shooting
I went on up
asked Harris Galli
world that could be ttat
Said lie expected it was
About that time I la '■ Frank'
inerville, Charles Dili is and Miller,,
we all started on to e e who'the m|m
was. We sent and jn ised thjjpbice
some hundred yards? 'Am white fkyj
son said he was.. I . upposei
my sou saying he w. n’t dei
he had got up and .left, Whe:
went as far as I thou' it h^gas^
I don't-know'of any overcoats bxcopt.
-Vankee overcoats, - , I dcu’t suppose
I would have nfftided any other over-
coats in .my nolghb'drs, Thu i.ver-
Icoat I had op wits what T call a
heavy ovcrco^tyiil have not, sub
scribed a niakle - to 'hire counsel to
'prosecute defendants. Gallimoie
appealed (bjpok the wdrse and most,
excited of any I saw there. From
where Harris Gallimore lives to the
Dnikefcotfn road it is 1-4 of a mile.
Froth where the Baldwin’s live to
the road where the road from Harris
Gallimoie’s house interseotB the
Baclianun und Draketown roads lj
2oJ,jr 220 yards. When my littm
boy Hold me what had happentujb I
wq^omewhat Oxoited, Tlie *3ttt|l\-
Bpre--'d,id not look to be excited.
fl48imoro is a leading citizen in our
htgfion, taking the lead ir. things,
'tjkpeqplo sometimes go to him for
Advioel We were all somewlmt ex-
oped at • Jlr. Gallimore
ppi-d 'He graMPli..iii ii,.- li i- i..
e tree. _^dPRHi'ree Bteps' from
^ ns found to-where
tfie’o^enuig. Was, Frauk' Suttinutf-
ville and OAarlOk 1 Davis made meas
urements,: Wfid looked for traoks,
Gallimore-said.hr Would swear that
the tracks-seen Avere at Ins house 3
weeks ago, the nifcljt of.hia log roll-
lug. They pushed, the door open
and lie Mid Tarn Peiroe were in bed
Th liis house/ He heard fime one!
run off across a. hrandli^lit m little
bridge place. There is a iittie branoh
near hisbouse towards the- Drake-
town rogd. Gallimore frequently
said he was exhausted and not able
to do anything.. Many tjmea h^has
saidsobeforg this; hcoqrrenoe. He
came once with his -littee girk for
fbaid ha wah ’ wornt HiiU
hi ore to where the bo:
suw the man; the boys
d with Charley
son pointed out wtei he watg^'^U|fj‘^ r '“j
gee ted that he be not ujuc.hedw
more suggested that we go 'fiffil try;
to find the place where it wmauus/ td us. - ■Ghflii
We went on down tame forlm^t thej
road where Gallimf » saiahp jeft
Lambert. I
Bud Carter bofore
ted looking for jl^iks. We skw .
foffee anil said . he WtiS“' wori^qj
ifiviug worked all dqy m new grdtp j
f 'Klf. Supimervijis'/jfiqihg swffl’n
t^fefied;: I'was at iid^ie;piowih£on
ttfe„day. of the shooting.,' Chgfley
Davis was there. We. heard.;.firing; 1
Ohirley smd;"what in thq 'hCll dOee
thotmeah? Charley heard it; I
’never peard .it. Pirdotly ws' Heai;d
another. I said it was u Ann. I
' ^ Win.
ire.saidii
ibla that Mr. lain.
oefore we went.. I while; aaid he, lefc'a take -%
j| mjj'-™ trick, apd .soar where he
off hand and I got down on my
fours and left,him there. After 1
left there, aud while I was up whert
the ihan was killed, the man, ac
cording to-iny opinion, who had ou
the .white "hat and coat was there/
too. I asked somo pne who he Was*
If I am not fooled, pointing to
Claude Chisolm, thut is the man
who had on tho white hat and over
coat and the one who was cutting
tho bushes. It Was Friday and Sat
urday; I saw him. I heard the fir
ing in the field and according to my
judgment it was where I saw the
man cutting tho bushes.
Cross—1 was about 300 yards
from where I saw the man. I found
my oxen tho other side of Moseley’s
field. I suw no one but the three
men I spoke of. The man with the
overcoat on looked to be a tolerably
sized man. I think the overcoat was
thrown over his shoulders when he
pointed the gun at me, it was towards
1 squated down where t first
saw them; this pus between duylig i
and sun up. The sun was not up.
I was about 20 steps from the
branch when I saw thorny I was on
the east s Je of tho bqiucli j#>oto
where they were. Tliere lfe a growth
of oak, elder and hactfberry bushea •
tolerably thick and high in the
branch, but on each $ide not much
thick. I was at the inquest. I told
them I was dGwn there. The flriBV
man I told ahout it was you day. be
fore yesterday (addressing Judge
Head). I don’t'think I told any
one ejae. I don’t know how I was
sulrpoenied here. I told Mr. Brook
tho sumo day I told Judge IIead<
The coroner didn’t ask me of it. I
was sent after find helped to dig the
grave. I don’t thin# I ever talked!
about the case to Mr Hunt. I have
talked to a gre-at many .since I’ve
been here. 1 was subpoenietF Mon
day or Tuesday.. Tom Davis guvo
me the subpoena. It was, I think,
tifW dinner. I, tolu you (Judge
body was to-day a week ago. I suw i head) of it. I ftad' uojASturted homo
above where the horses had been whei/I told Judge Head. I think
tied, in two places. The log was*not it was Monday or Tuesday. I talk-
over 15 steps on the south side of 'cd to Mr. Hunt abpub it. But one
the road. The horses werd,hitched
on the north side of the road. There
Was an opening in the bushes which
seemed to be cut down. Fr"tn when-
the horses wj»re tied wt-iv'Uv--
traoks, a' large hors** tfack aiw a
ulnle truck; we foMuWed; pejjiHps
y^m<Miv-x-;tmrse
h Mmotho^fa. These
Oedurtown road. It is.about three
eights of u mite from where I took
tho trucks to the Oedurtown road,
of the parties behiud the log was
stooping down; the? others we^e
standing up. 1 told you (to <Judgur
Hind) I never knew Claude Chisolm?
until the day .of the. iiiques^ It
a cloudy^.mqrni mg“nn\l hdtwevn day-
wtutc tints nmr mtrk ov/"""u.,c, ,i"
suoli overcoat as that in ohi- seciiou.
There uro yellow hats in onr seatioit
T W Waiile'Sttitl he thought thut wag-
the hat. I was not looking for Lam--
holt, t never bnuglit nor wanted,
VVe traced them about one quarter Huy any land trom Lambert. One
of a mile farther and left it aud went °f tile men had yellow looking'
on home. It was plain when we
left it; most any body going to Oe.-
dnrtuwu would liave gone tho direc
tion of tire trucks. I suw Gallinioi-c
and Claude Ohisolin where tho dead
body wus. Don’t remember any
thing either of them said. .."'Galli-
more appeared like the reiit of us,
excited. I live about three quarters
of a mile north of where the killing
wus. I don’t remember seeing'any
one pass my house Thursday. Don’t
know -what sort of gups Gallimore
has, or pistols.
Cross examined.—I never saw but
two pluees where horses had been
hitched, a horso and a mule. Wo
only started with two tracks, but
about 25 stops away another track
oame in. They were liitohed some
300 yards north of where the shoot
ing was. Tlie tracks went a west
course. They were going in the di
rection of the Cedartiwn road. If
tfiey had kept this direction they
would have orossod tlie Cednrtown
road, y , r -
Johpt-H Mcrrett’bgbig sworn testi
fied.- I- was abbiit'/ifatoo/and- iii Ue-
durtowu last Wednesday and Thurs
day. ,I stay : in,thB first house beyond
what Is cuHedHhe'tiq-yuyd,branch in
Cedurtown. On Thursday morning
I saw Horatio Olijisoliri und James
Roiye going out thp roud that leads
lfrtU«j..Oedartown to Dick Poole’s.
Ti®j#i re walking. I don’t remem-
ber uPseeing/Horatio Chisolm anv
more untiLI sdw him and Mir Hunt
in a buggy. ‘I never saw Harris
Gallimore lust week.
Jf^Be WaidO bei'ng sworn testified.-
Hast Friday nsnrning betweoq, day
light. and sun ‘ up 'I was .on the
branch below' Wm. Moseley’s field,
hunting my steers.- . I was Aiming to
cross the big road where it crossed
thb branch. Just before I got to the
branch I saw three men. I think I
was as olose to them us two or three
liuudred yards. One of themen had
on a white hat and dark overcoat,
he was cutting some bushes be-
tfce r,oa4 . There were three
thiSej ono Ked on a sort of yel- ® n *9-
t So,* jeUU's ohdlhee, the ' other sort of
dark clothes. I saw lipthing^any
fTbgm had only obo, he Barn a gii
'Oii?fe,ktiow whether,it whs Single . ..
double-barrelled, -He raised the gtfnJ defendant;
clothes; the other hud dark blown-
louking ones. I was not ut the cor-'
oner’s inqifost. Nohudy has paid,.
lor testifying in this case, nor
promised ipo anything. I would not'-
have been here if they liad not sub-
poeilied me.
Henry Lewis, Col'd, being sworn .
testified: 'I live on top ; pf (he,
in mill tain on the road from Jim
Young’s to Latham’s; I WusaS.lfouke
last Tlvpraday night. I heard some
mules or horaee puss my house r in'
tlie iiiglit comiitg towajd patha^i‘8.
I'saw nobody puss that night (It
was somewhere ithnut 19 or' ll
o’clock. I saw nobody passing to
wards Cedirtowh Fndny or Friday
iiiglit. I went to mill and got hack
before njglit.' Saw some hunters-
Friday, after breukfust awhile. I
saw n.O loose mule. I.left home for
Oedurtown Saturday morning after
sunup. Air Tqm Peak, Ed Darter
were among the hunters.*. Or.
Wright frequently passes my hhuse-
in the night coming to Haralson.
3 M Thomason being sworn testi
fied : I am acquaigted with Jesse
Wqiide’s general character. T cell
it budjlM...would not |telieve-hiiu in a
eonrt' of '-juWtioe im oath from my/,
knowledge of his general character
I have kept no acoenat ofhow mufty
I evet heard speak of'Jtis ohuraoter.-'
I have heard Air Jaides Dsnnardy
Jehu Mumpbries say his oharucter
was bad. Haje heard others speak
of hisoharfilcter but don’t remeitiber
who^I haVe lived olose.by him 5 or,
8 yeara. I ani a cousin to the de
fendant, Horatio Chisolm.
J T Fears being sworn testified :
I lire in Cednrtown. I was in town
last Wednesday and -Thursday,. F;
saw Horatio Chisolm come ont from
tlie street by Air Philpot’s store last
Thursday evening; don’t recollect
the hour, soon after dinner. He was
horseback. -Think it was a sorrel.
He returned to Gedartown oq Sat
urday morning about 8 o’clock' g!
Imtreback. He came in on Saruida'
morning with
I saiuted. them,
who the g^gtlemui
‘ A J Yfiniig heir,
riive ih CedartoWi
grocery .ThuraJiiy'