The Cedartown express. (Cedartown, Ga.) 1874-1879, May 02, 1878, Image 2

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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'