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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