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j
1 n 0 F K S 8 T 0 N 4 f*
JJT.ANOE & KING-
ATTOR NEY 8
A T L A W,
ueuXktown, oa.
f'fF'tflllgraetlM in nil the Courts of the Rom#
Circuit, In he Wupiomo Court of tli# Stuff, nml in
th« TJ. M. District Court for tho Nortlism District
«f Nov, 11, 1674.
t. w, miTiUbr; j. w. Harris, a*
J^JILNEH, 4s HARRIS,
A TT CRNEY S A T LAW,
" CARTERBVTI.LE, OA.
Oppiou on Main Street, next door to Gil-
ontb A Son. Mr. Miluor will nllend the Superior
Court i*r Polk comity regularly.
March 9.1877-tf
^JTILLIAM M. SPARKS,
ArrOKNKY & COUNSELLOR AT LAW,
OEUARTOWN, OA.
Xtf* Will practice In all tho court# of tho Rome
Circuit and adjoining counties. novll, 1674
W. M. STRAHTG-ES,
K. 1’. & Ev. Off. J. P.
HooJs.mart, Q-a.
fiV/' Collections solicited,
money paid over punctually.
uiul
JAS. D, ENLOW, J. P.
CEDAUTOWN, OA.
5 Olllou at tlu< Oouvt House.
Allimsiucsi entrusted in his bauds
will receive] prompt attention.
March !), 1870—0,n
H. f>. SMITH. »■ H. SMITH.
8. P. SMITH & SON,
No, 85,11 fond Blroot, Romo, G i.,
/10TTON FACTORS & WHOLESALE ORAL*
' > or# In Liquors. Tobacco# mill Oloare, I’n-priu-
tor# Smith'# (TtMimtATKo stomach Uittbii#,
Awotannd Proprietors Rid-l imi sti nmcre. Ten
per o*mt. envoi! t» all «U-al»r* by purchasing from
u#. Flro tiroor Warehouse. ( linriro for weigh Jug
Cotton consigned too# for snlo, 10 cents pur
Dole. All wo imk Is n trial order or oonslguml-nt.
aept. 14,ly.
Manhood: How Lost, How Restored!
fljM&gga Jn >t published, a new cdlUon of Dn.
J,,. v^^CtH.VBUOKU.'sCVht.n.lod l->ay .... tho
ZZ'.-C-XtfZ->J*1 cum i without mctHclnn) of slur-
•■#»* Ac. .itilnal *wtiwn, *.ovr>hjn?tn. ff-—
Inal lOMime, frnpntonr.y, mental n,n» i>nj. -alTnca-
racily. impediments to ntarrluffo, ttc.j nlf>o. con-
sumption, epllopry mid Ms, lmltu-od liy eclf-lndul-
eunro o- 4 #oxual extravagance, Ac.
esrPrlM-, Si » Bi'iilud uivoliipe, only •tacMit..
The celobratod author, In this admirald<> Essay,
chtnrly domonstratus, from a thirty ynnrs aticco*#;
fill prii.-ilco, that tlio alarming con#u(|uciicor of sell*
ahusn may ho radically cured without the danger-
ous tiso or internal medlclno or the appl'--tloii ot
the kinfe: pointing cut amodo of euro at once «*»m-
I»Iu, certain, amt effectual, by menus oj which every
'•tiTorer, no matter what Ills condition may he, muy
cure himself cheaply, privately, and radically,
CXr*TlilBlocturu should ho in the hand# of overy
youth and every man tu the land.
Sent under seal, in a plain envelope, to any ad
dress. post paid, on receipt of six cents or two pos
tage stamps. AdtlroHe tho Publishes,
THE OULVEItWKLL MEDICAL CO.,
41 Ann Bt„ Now York; PoatOlllcu Box, 4580.
ESTABLISHED IN 1850.
Temple of Music.
hOTjESATjE nml Iteti il A^en-
cy for tho Renowned Piano Makers,
STEINWAY,
' KNABE,
DUNHAM,
BACON &
KARR rdcI ,T. & C. FISHER
Colotiroted 0 mm of MASON * HAMLIN, rill
clett, New Rngliind Organ Co., and G A I riuco «S
t’o.’a Music Publishers, Oliver DUhoii, Win. 1
Pond & Co., Smith & Co., F A Murth it Co.
BEST GUITARS.“ roiS«. Bn, “”
Also full lino or Small Musical Goods, Strings, etc.
mho proprietor roBpectfu ly announce# to the clt-
irons ot Cedartown and vicinity, that Ills laclll-
ties unable hlin to oiler extra Inducements to pur
chasers oTMualciil Goode, guaranteeing everything
represented by him to give put Ira satisfaction.
Correspondenco solicited^ ^Catuloi'ucs maUtulfroo
U5, Union Street,Nashville Toiin.
Janl71v
STATE MENT
Of Eyidonco for tho Stato Taken at
Bucnauan, G?.,
Commencing on ApWI 25,1878, In
the Casu of the State vs. Ho
ratio Chisolm, Claud Chia-
clm and W. H. Galitnore.
Tried before Jmtico Jpuno Wetttli-
erby A. J. Funner nml A. D. Me
lt eiicbeu.
D. H. Ledbetter, Agent.
(Meeks’ Building,)
Oeanrtown, j : i c <3-n.
ilufl just received u. full line of
FAMILY GROCERIES.
which aro olfercd totlio public at ronsonublo pflcos,
Anything usually kept In a
FIRST-CLASS GROCERY,
1 have »Ihq opened a uiagnlllcont
Stock of Jewelry,
consisting Ufpart of
WATCHES, CLOCKS, GOLD
& SILVER WARE.
I Invite tho attention of tho public to tho public
t« an Inspection of theso articles. Everything
warranted hb represented.
EEPAIRIN&
Of WATCHES,
- UL00KS and
JEWELRY,
promptly donoand GUARANTEED. Remember
lh* place. D. H. LEDBETTER Agt. ’
Meeks’ Building.
Jon.8-ly
N. M. Wright being sworn testi
fied : I live in Cedartown Polk coun
ty On. On Thursday of last week I
was in Cedartown in the morning
and then went-to Fish Creek to tho
saw mill and then to Judge Barber’s
from there buck to town. That was
the 18th of April. Huntington and
l were together. Wo met Horatio
Chisolm at Brook’s about a mile, he
was hardly to tho mile post this side
of Cedartown on tho road leading
from Cedartown to Buchanan. Ho
tvas coming in this direction. It was
between 5 and 0 o’clock in the cu
lling—nearly sun down. He was
horseback. I thought it was a sorrel
horse of Lumpkin’s. Jim Jtowo was
walking along with him. No one else
was with him. I did not si»e the de
fendant Gullanioro that day. I saw
Chisolm in town Saturday—don’t
know when he returned home. Tho
first mile post is nearly opposite Grif-
I'elhs house. Chisolm when I met
him wits just below the house.
Cross examined.—After I passed
Horatio and llowe they took a right
hand road leading to Esom Hill.
Calvin Philpot being sworn testi
fied : On the 18th of this month J
was in Cedartown. I know the three
defendants. On Thu rad ay a week
:i go cVi (V ~ I'fifSi* I a a** X(TPTffnfT in l
Gullimore he was in my store. 1 do
not know where he went from there.
He wanted to buy some coffee. He
wus talking with me. My recollec
tion is he went out to get something
to put cofree in. I then asked him
how he was there, riding or walking.
He said ho wus walking, had walked
from home the day before ai;d wan
ted to get the colfce and was going
home that day.
C E Davis being sworn testified :
On the morning of the 10th of April
I was in Frank Summerville’s field.
I saw Gallamore the defendant on
that day. He said a note that 1
brought from James Young was the
occasion of this thing. The note wus
to Gallimore. Gullimore said that he
was to get Lambert at his Gullimoro’s
house a week from that time which
would be the 26th of April. IIo told
Young that probably ho would be
there on Thursday night tho 18th ol
April. This was tire day of the kill
ing that Gallimore was telling this.
He had knowledge of the man hav
ing been killed. I don’t know where
my brother the prosecutor in the case
wab the morning of tho killing nor
where he is now. I heard the firing.
I stopped und asked Summerville
what it meant. Don’t know whether
any were excited or iiot. My moth
er come down to the field and said
she wanted to know if I had brought
some beau seeds. I don’t know that
my mother was agitated more than
common when she come to me. If
she said anything about the shooting
I don’t recoliect it. When I heard
these guns I don't recollect whether
or not 1 said “what in tho hell does
that mean,” I may have had the hell
to it.
FI 0 Wilson being sworn testified :
I went up where Lambert was killed.
Yesterday a week ago it was about
dark when 1 got there. It was on
Friday when I got out of my buggy.
Tom Itiddlespurger hitched the horse
and there was two or three others
come up aud passed me who looked
like boys. I could not see who they
were. The first man I spoke to wus
Gallimore. I asked him if an inquest
hud been held over Lambert, lie said
there had. I asked where tho body
was. said T is it down there. He said
yes. I went on down there and some
one said it wus in a wagon. I uni
high sheriff of this county. After I
got up at the house I asked again if
an inquest hud beeu held aud some
one in the crowd, I don’t know who,
said there hud. If Gallimore went’ up
to tho house, 1 dou’t know.
W. J. Giles being sworn,testified:
I saw Gallimore in Chisolm’s store
lust Wednesday a week ago. Galli
more said he Imd been sink for some
lime. They talked awhile and then
stepped into a back room, I don’t
know what they wurc talking about.
I reckon they were in the bucl* room
ten or fifteen minutes, Don’t think
anybody was iu the back room with
them.
Cross examined.—I havo known
Horatio Chisolm twelve or fifteen
years. Don’t recollect whether or
uot T ever saw him wearing brown
jeans clothing—never paid any at
tention to that. The back room is u
kind of place where men go to uri
nate; a sort of stable. I never saw
Gallimore in company with any one
else; saw him talking with various
others. Gallimore and 1 weut in
company to the store.
James Young being sworn testified:
Last Wednesday, a week ago, Galli
more was at my house. He took
duiuer there. He wont towards Ce-
dartown. I did nofcgo with him.—
Ho returned on Thursday and took
dinner with me. Some time before
the last Superior Court of Haralson
county I received information that I
canid find out, where my mare wus
by seeing Col. Brook; aud about that
time wo saw Gallimore. Gallimore
appeared to ho very much excited at
first and told me that some men
from Polk county stole my marc, lie
said that they were Oh isolm, Bob and
Coon Nunn. Ho wont on to state
about a mule that was tfloleu. He
asked me it there had not been a
mule stolon, llo said that Horatio
Chisolm, Boh and Coon Nunn stole
the mule and delivered it to Lambert
at, his, Gullimoro’s house. I asked
him to tell me that day who hud my
irmrey JIc* $iid hc id upt. jynw.tjjpd mpnni'^
■ ■ . i
fow duys would Como over and let
me know. A few days after that
time lie did come to my bouse, but
did not tell me who had my mare.—
Mis business there was to tell me
that he had understood that Horatio
was gain to make me tell who was
informing mo, and for me to say if
any one asked me about it that
Sheriff Hunt and Lambert did it.
That is all the business be had as 1
know of, I told him if he would
help mo get the mare I would see
him paid something. The noxt
conversation I had with Gallimore
was something after that. He pass
ed my house in a one-horse wagon,
lie stopped against my wheat house.
He called me out and said ho want
ed to see me. He carried mo below
my bouse where I kept cotton. He
told me where I could find the mare,
aud wo made arragements to go to
gether after her. 1 think this was
on Friday. The next day he passed
ray house going towards home and
asked me for u bundle of foddder.—
Said lie, lloratio is going to my house
this evening und tho devil will he to
pay. The next time I saw Gallimore
he came to my house und took din
ner last Wednesday was a ago He
asked me ii I saw Horatio Chisolm
and James ltowe pass my house on
the same Saturday evonjng that he
pu880(l my house. I answered that 1
did. He said they went to kill Lam
bert, and he rushed on without stop
ping to feed aud got Lambert out of
the way. James llowe is the son of
Jack Itowe. He, ‘Gullimore, stated
to me that they even bad John Pow
ell’s gun, of Cedartown ut his, Galli-
more’s house; said he wished he had
made Lambert steal the gun, it would
have been a smart trick. 1 usked
Gallimore if he could not assit mein
getting a hold on Lambert. He said
he didn’t know; that be was like
Indian, passing in and out. That
his wife had ordered him out of his
house, and it was uncertain. He
told me that Coon, Bub and Horatio
were together. That Coon and Bob
tried and couldn’t bridle the mare, so
Horatio bridled her. He could uot
make any charge for assisting me to
get my mare. Ho asked me if ten
dollars was too much. I replied no,
aud gave him two five dollar bills. 1
made no agreement with Gallimore
to pay a cent for Lambert’s appre
hension. I recovered the stolen mare.
Cross examined.—Gallimore said
that Horatio told him he (Horatio)
stole the mare, and Lambert told
him that Horatio told him Lembert.
IIo als * said the Gavus were con
nected with tho stealing. On his re
turn from Cedarfor * he ate dinner
with mo. J r VJ >*'11 if ho could
help me to get Lam I \rt, and lie re
plied us I just now suited that it was
uncertain, ns his with had ordered
out of his, Giilliniore’^hous.?. 1 nev
er heard any one olso threaten to kill
Lambert. Galjimore never told me
that he bad heard any one ol.-c
threat him. I found U’-v mare in
tho possession of ThVi. lerburk. He,
Tiiuuderburk, said he got the mare
from one E A Lambert, aallimoro
said he* Lambert, wouhVpass thro’
his, Gallimore’s Foltlqment on Thurs
day night, April lfc]-h, 1878. llo
didn’t know W&fiTejio (Lamberet)
would be.
S P Shepard beiiinsworn testified:
I got to Buchanan ou Monday night
alter the killing. I./r ved nil night
at Mr. Wood’s. Tuuiduy morning l
saw the prisoners paw the house und
wt nt up Jo Mr. Robot’s to talk with
(Maude. Said to. C! nule, tvrlainly
you have nothing t< do with this
murder. He rcplied he lutd not; that
he was innocent oral could prove
himself innocent. I understood him
to say, though l rHy possibly be
mistaken, tbat.be was at Mr Gulli-
Ohisolm in the field plowing. We between day light and a half an hour | up but I don’t remember who i*
were plowing on a tollorably level by sun. In going from my house | It is about two hundred yard.-
place—cleared land. In one corner up to the lot on the west side of the j Speights to our house,
of the field was grass. There was . lot, a part of tho way is an old field, . lives in a tolerably low pl-fr
nothing (<» prevent my seeing tho and there is a patch fenced up at the j where I live. Tho
boys, save at one end whore they | west end of the lot. In going to the j t* r South from
bout fifty
would turn around. There is across
fence separating the two fields run
ning North and South; and I would
not be able to see one across the
swamp sitting in the fence corner nr
on tho fence. From the South end
of (he fence I was North, and Iv.isl
about tho centre of tho fence. Mr
Pierces* and Sam Gallimore’ rows
run East and Wcist. There is a well
ten pacc.rNorth of the line of fence
running East and West. T could
have seen a man anywhere on the
Fust and West fence. The well is
about 100 yards away from tin? North
aud South fence. From where 1
wus I could see the well. Up to ten
o’clock 1 never noticed any one at
the well save once I noticed Sam Gal
limore and Willis Pearce going to
the well. The North and South
fence is Gullimoro’s. It divides tho
land that Speights lives on from Gal
limore. I could have si en any one
sitting on this lence. When Claude
came into the field about ten o’clock,
well ns I remember, he had on a
more’s talking witji Mrs Gallimoro ^ striped vest, dark colored punts and
and her daughter ivheu the shooting | was in his shirt si eves with the ex-
ocourrnd. i don’fpjLve this as posi
tive evidence, for I umy bo mist ikon.
Cross examined.-^ Maude was un
der arrest when thi«ji» talked and
I think somewhat ex ', if d. Myinind
was running a litt\ IVt v. bile uv
wore talking. Itr,right have been
Speights instead ol Gallimore but.
y impressiou is lljli he said Galli- MM
more. f j wF
John Speights bjing s;vorn testi- j vVI ' cn
j.'d: Last Friday, n v «k ago, mi Hk'i 1 m g'"'
TrurT
house when tho sun was 1
minutes high. lie went from our
house to uncle Harris’. 1 went on
up there and Olamlc was there. I
stayed at Uncle Harris Gullimoro’s
about live minm's. I came Jnaok to
my homo. It a us about ten o’clock
when I first no'i<vd ! (Maude again
that morning. MM; # is a well about
fifty yards from our bouse. There
i a fence running close by the well.
If Claude had been* setting on the
lence or near the well, I guess I could
hove seen him. Claude when he left
our house had on i white colored I Lambert’s papers were taken from
hat; 1 never noticed bis coat; won’t j bis body on Friday morning,
say what sort be bad on—neither do | papers were examined by the coro-
1 remember about liis coat when ho ner’s jury summoned and sworn Hint
cuplion of his vest.
Cross examined.—I wits about 150
or 200 yards from where Sam and
Willis were plowing. 1 was not
looking at Sam and Pearce all tho
time. A deer might havo ran across
the field and I not saw it. There
are a lew plum trees around the well.
3 wore times iu the plowing
iiNien Sum and Willis wre out of my
jlit. When I would go to the far
l.o the lower end I
Ul . mkl ii .. see iIumd. ill Chisojin
f; b-‘..i - ,t - j •. ch’Te tr
•>,, | field wl.eiv L wa^J rt work. 1 suppose
ntn-I between II and 12 o’clock iu the
morning. It was after I ?.tw Claude
plowing the round when I saw them
come into the field. They spoke
something about Lambert being
killed. Gullimore came up. He
said something about money, and
said “wasn’t that a shocking iifluir?”
Mr. G. said, niter pa plotted up to
where we were, after paying some
thing about money, that a doctor
was sent for; and also said some
thing about having a collin
returned to our house. I saw Mr
Chisolm with double barrelled gun
on M'bursdny. He culled iL his gun.
Never beard him suit what he was
going to do with it. vlaude Chisolm
was in iho house at 1 Uncle Harris
Galliinore’a when 1 went up there;
Sum was in the house, and I think
Aunt Matilda was. • This was a lit
tle later tun a quurlerof un hour by
sun. I saw no one else about tber*.
ltis about 100 yards from Harris
Gullimoro’s to the loittl going to old
lady Galliraore’s. Sam Gallimore
and Willis Pearce were working in
tire field down below Uncle Harris
Gullimore’s. They were where 1
could sue them all the time. J never
noticed anybody else about where
they were working until about ten
o’clock. About Urn o’clock I saw
Claude Chisolm. Htt^t.s sitting at
the well when I first saw him.
Cross examined.—1 wont a hunt
ing on Thursday evening with
Claude Chisolm. 1 don’t know any
body close ttrouuitWmffiir.g a double
barrelled guns. ILury Ayers, Jack
Maynard have dmibitj barrel led guns.
1 saw James Deuard with ono about
a year ago.
W W Riggers being sworn testi
fied: On the morning of April 19th,
1 was covering cotton near tho resi
dence of Mr. Jlestorli. I was at
work about one hundred and fifty
yards perhaps farther from where
Samuel Gallimore and Willis Pearce
at work. ,1 went to work between
seven and eight o’clock, When I
first went to work there wus uo one
at work. After we hud plowed per
haps two rouudd I saw Sam Galli
more and Willis Pearce at work—
one was plowing and the other strew
ing guano. No >one but them two
were there at that time, that I saw.
I suppose about ten or eleven o’clock,
perhaps, sooner or later, I saw Claude
day about sundown, but not his per
They had to have a light to
see his papers. 1 saw a gentleman
ride up in a buggy Friday evening
after the coroner’s jury had taken
the body and was moving it oil’. 1
wont say who it was. 1 usked some
of tho boys and they said it was the
Sheriff.
J. M. Brown being sworn testified:
I live in Polk county on Julo Peek’s
place. 1 live about three hundred
and fifty yards from the house that
J W and Bob or Coon Nunn live in.
J live West of the bouse that Nunn’s
live in. 1 keep the mule I plow in
whut is called the big stall in the lot
where the Nunns live. There aro 8
stalls in that stable. The stable is
made of pine poles. The cracks are
open. The poles aro from an inch to
two inches apart. Tho largest crack
I would say to be two inches or
wider. The east fence that separates
the lot from Nunn’s house is between
12 and fifteen feet. Tho mules of
Mr Peek’s and Coon and Bob Nunn’s
two mules stay in that lot. Coon
Nunn’s mule stays in u little stable
on the north side of the lot and
about, 25 feet of tho north lenoe. It
is made of pine foies. Coon Nunn’s
stable has the cracks open. Lnst
/Thursday night a week ago, April
18th, I saw Coon and Bob Nunn,
Jim Rowe and a strange gentlemun
that I was not acquainted with, in
the lot. Mr. Jim Rowe’s gray horse,
another horse I took to be a sorrel
with a blaaed face, wore in tho lot
with tho stock of Mr. Peek and Mr.
Nunn’s. When I went into the lot
the gray horse was in the tftall my
mule stays in. When I got there
they turned the horse out in
the lot. The sorrel horse was loose
in the lot. Coon Nunn’s mule was
in the stable it usually stays in. 1
went to tho lot tho next morning
lot 1 came to the fence at the south
west corner. I got over tho fence
n the south side of tho lot; I climb-
1 over the fence. The door of the
stable where my muE .stays is in tho
t end. Tho stall 1 use is as large
as both of the other rtails; mine
run8 the whole length of the two.
In getting the mule out of tho lot 1
go through tho gate on the east side
of the lot, about 20 yards from I lie
stable. Leaving the lot 1 g.» into the
yard at the chimney end of Mr.
Coon Nunn’s room in tho house.
The gate D 12 or 15 loot from the
house. After I get out of tho lot
znte nt the house 1 start north and I
pass around tho north-east, comer of
tho lot to the field. When 1 got
around to tho north-oast corner of
the lot, from [here to where I was at
work that day, was pretty nearly a
due north course. From the time 1
left the gate I traveled about a due
north course. When 1 went to tho
stable T used on Friday morning, in
the stall I keep* my mule in there
was none then: hut mine and a mule
a negro Albert plows. 1 did not see
tho gray and sorrel horse that morn
ing when 1 went to the lot. 1 did
not roe Coon Nunn’s mule that
morning. I went hack to the lot
that same day between 11 and 12
ocloek. There was no stock in the,
(,titbit; I u»vd then. There was no
stock in the stable that Coon Nunn’s
mule s ays in. I saw no stock loose
in tlie bit. I was back to the lot
between 1 and 2 ti’clook. Coon
Nunn lives in I bo west end of th
house! Bob
i :.•• ibJUBC. /VI i*
lot at 1. ov 2 o’clock, I wont into
the house into the open passage that
separates the two rooms that Conn
and Bobh Nunn occupy. I stayed
in this an hour and a half or two
hours. 1 saw Bob Nunn, bis wife,
Coon Nunn’s wife and I think Rel
ief, t. Theso were all tho white folks
I saw there. I did not see Coon
Nunn, Horatio Chisolm or Jim Rowe
while there, I* went from there
back home. I came back to tho lot
that evening between an hour by
sun and sunset; I fed and watered
my mule. The trough I fed in is
His made against the partition that di
vides t he long stall from tho other
two. The corn I fed with was iu
the shuck; 1 shucked iu the trough.
I did not see Jim Rowe’s gray horse,
the sorrel horse spoken of or Coon
Nunn’s mule when 1 ted that eve
ning. I saw Coon Nunn’s mule in
his place on Saturday, the next day,
between !) aud 10 o'clock; it was iu
the stable it usually stays in. 1 did
not sue the sorrel horse there any
more after Thursday evening. ♦
Cross examined.—I don’t know
about a game .of cards going on at
Com: Niiuu’s that day.
ccnp^ s t ho east end of
fviuV ? went out to th!t
yards perhaps not so far. M he : U
where we went to w<*vk i* South
Fast. Willis Pearce was at v /vk
with me there. Willis was stnwfng
guano and 1 was plowing. C' -tude
went up to Ou; fence between \Vheyo
1 was and the well a. d sat, awhile. I
took no account ns to how long he
slaved on the fence. He got off the
fence and came where T was plowing
and plowed a round. Every time I
noticed l saw him on the fence. I
noticed him when 1 would g»*i t'en
with him and talked to him. Ut* was
about fifteen steps oil from me. Tho
well was in Sp. ight’s field. I was
working in na’s fhdd. Claude was sit
ting on tho fence that divides pTs
and Speight’s field. The well may
not he over fifty yards from Speight’s
hou.-e. I was.plowing parallel with
the fence. I don’t remember wlieih-
r any body was in tfp: ‘M's field or
jot. I don’t know where Allen
►Speights was at that time. Wln-re I
was at work was South ivu! • f ar.d
about a quarter of a mile from pa’s
house perhaps not so far. Bald win’s
house is South of pa’s. I dill not See
Claude with a gun that day. There
a gun at pa’s on Thursday thnl
they said was Claude’s. 1 guess if
was Claude’s, I don’t know. h". •ode
had been staying ftt our house tluvo
eks or a mouth, lie did no woilc
but plow ono round wr.ile we were in
the field. I took no notion of bow
long Claude flayed on tho fence ne-
lbre he plowed tho round; lie stayed'
minutes at the well. After 1 e
plowed the round he sat on tho fune*,
live or ten minutes and u few min£
tiles at t^e well, tWn ha went up
Speight’s house. 1 did no let CMt«ud»G
have uny corn of pa’s nor saw him
get any out of the crib. He came to
the Hold with mo soon in the* mottl
ing. 1 lmd no watch and couldn’t
till the time. I wus plowing and ho
sat around a tew minutes. 1 was
paying attention to my work and not
notioing the time.
(Direct.) Baldwin's house is about
a quarter laoui the field where I was
at work.
Willis Fenrco being sworn testified:
On Friday April 19th, 1878 when
Lambert was killed 1 was down iu
tho field below Speights. Claiule
Chisolm and Sam Galhiinoro were
with me there. Claude and Sum
went with mo to the field. I saw
Cluudu Chisolm first that morning
while I was eating breakfast; he wus
sitting on the fence. When 1 had
eaten breakfast 1 went and caught
up the mare to go a plowing. 1 went
a plowing. I plowed a round or two,
then Sum Gallamore took the plow.
When I went a plowing Claude and
Sam went with inf*. Claude si I
around for uwhilo then went and sat
on the fence for awhile. lie went up
to the acting pole after he went to
the field. Tho acting polo is by
Speights well. Claude plowed a
round or two iu the field that day. 1
reckon he stayed two hours iu tin*
field. When he left tho field ho went
up to Speights—saw him go in the
yard but nor, in the house. I next
saw him about, eleven o’clock at
Speight’s house. Did not till him
I Inn anything about Lambert. Mrs.
Gallimore informed me of the shoot
ing of Lambert. When I went bad:
to the field I told Chisolm and Mrs.
Speights.
Cross examined.—I live with Har
ris Gallimore. 1 stayed ut Gallimore
the night before the killing of Lam
bert. 1 ate breakfast on Fliday
morning about sun-up. After break
fast I went up to the lot und caught
up the mare. 1 first saw Claude
Testimony For Tho Dcfenso.
Samuel Gullimore being sworn tes
tified : 1 stayed Thursday night April
18th, 1878, at Mr. Speights. Claude
Chisolm was there with me. Claude
Chisolm slept with uie that night.
Allen Speights, hi# 1 wife und two
sons slept iu tho sumo room with us.
One ol tho boys may hot have been
there. I got up about sun-up. I left
Claude Chisolm in the bed. Some
of the family woke (Maude up. I ale
breakfast with Claude at Speights.
Claude and I after we ate breakfast
went home. I s»>\v Lambert there ut
home. IIo was eating breakfast. Al
ter we went home we went up to the
acting pole. We left there tolerable
early and went to the field. Claude
remained in the field an hour and a
half or two hours; he then* went to
the well where he stayed a few min-; Chisolm about eim-up, we were eut-
utes aud then went up to Speights, ing breakfast. I went to catch the
From where I was at work I could
see him go to Speights. IIo went on
in the house. Claude Chisolm is
living at my other’s house.
Cross examined.—Harrison Galli
more, the defendant is my father. 1
disromember which, one of the
Speight boys was at home. Speigh t
jins two boys. I guess it was about
sun-up. It wasn’t so cloudv bin
what I could see signs of the sun. It
was cloudy. Some one woke Claude
mare. The stable is about fifty yards
away. Nobody weut with me after
I caught the mare. I went right on
to the field. Claude and Sam went
to the field with me. Claude and
Sum were at the house while 1 -was
catching the mare. We all went, info
the Held at the same time. I don’t
remember whether I saw the sun
that morning or uot. It is about u
quarter from tho house to tho field.
[Concluded on fourth uage.j