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TIIE MACON WEEKLY TELEGRAPH: X f - T ESDAYrMORNfNG, DECEMB R 20, 1887.-TWE LV E VAQRS.
TEE DIE 1$ CAST.
Evidence Closed in tlie
Woolfolk Case.
AndthaArguintnlKtcnn—Dupant Guevry
Opealug for the Prosecution suit F.
K. Welker. Eiq , far the Oe-
feaee.
A FULL kb port of thb prison-
HR'S STATEMENT VERBATIM.
He 8ay« lie Is Not Guilty, lint If Condemned
He Hope* the People of Mncon Will
Cnt Him to Pieces end He
yfon’t Flinch,
DUPONT GUERRY GIVES A GRAPHIC
ACCOUNT OF THE KILLING.
Woolfolk Visibly Affected by the Vivid
Picture of the Awfal Agoryof His
Sisters In Their Last Terrible
Moments of Life.
time Judge Simmons was eleoted judge of blood ell over my hsndi and feet end that • tbe reareli for tbe clothes, eod Hint be Col. Bithirford moved to role oat tbs
tbe Supreme Ooart, that la in tbe month of I woo’d go Into tbe hones end w >sh it off.
September. Judge Simmons probably er. j I went to the well and drew a backet of
rived in Macon some time immediately af- I water, bat I coaid not get ail tbe blood off
ter tbe 1st of September. Judge Simmons : without soap, and I romemb: red ioav-
was in Saratoga eithtr at tbe time tbe news ! ing tbe soap in my room the night before,
of tbe Woolfolk tragedy arrived tbere or a I took the pan and the water and went into
few days later.
After Mr. Bartlett came down some one
asked Col. Hardeman what that testimony
was for.
"I haven't the
I thick I can clear
COOK CD LIKE A WELL DIGGER'S SHIBT.
Mr. Bally was recalled and stated that he
saw the drawers at Mr. Hollis' house cn
Sunday morning and saw no hand prints
cn tb&m. Mr. Hollis called witness into
bis room and told him to unwrap the boo
dle and look at the drawers and see the
blood spots upon them. Witness did so
and saw room spots which looked like
the spots that are always on the clothes
of well diggers and other peoplo who go
down in wells.
He heard Mr. Hollis siy that if tbe angels
in heaven should come down and tell him
that Woolfolk was innocent he wonld not
believe it. Tbe wardrobe where the under
clothes were kept while at Capt. Hollis’
place was always unlocked and witness and
severs! othors kept their elotbes in the
closet with the drawers. Witness knew
Judge Simmons.
Judge Simmoca told Mr. IIollls to pit
the private m irk in red Indellible pencil
mars on the drawers so he could identify
them positively when he wanted to do so.
Col. Rutherford asked witness that he
heard Mr. Hollis say about Bone Davis.
Solicitor Hardeman objected on the
ground that the evi lence went to impeach.
JudgeGus'.in ruled that the toatimouy
was admissible.
“What did Mr. Hollis soy about Bono
Davis testimony r"
“No'hing that I heard; whatever he said
about Bone Davis was said in another room
but Mr. Hollis stated that the prosecution
bad engaged him to work np testimony for
I them."
‘‘The witness is with you.”
Solicitor Hardeman In taroistic voice—
‘‘Did you hear any of Mr. Hollis' babies
say anything detrimental to the character
psrtoHho people. Multitudes of people I "“ ie > f ’ (t ‘ B «' mer ,u
gathered at tbe court bouse each lour of ‘‘I don’t know Mr. Hollis’ babies—if he
thedvy, who were tutted away for want of has any.” (Mote laughter.)
room In the corridor, to say nothing of in- , Af “ r . VMy feme down from tho
.. A . _ rri. , tho defense put the prisoner on the
■ide the court room. The pressure of the glaod . T Lis movement oi thdr part was
throng was kept in cheek by the b> i'.iffv at I guddon and srmewhat unexpected by many,
tbe door, but in spite of their efforts the and when he w s seen to gat up and walk
room was long before night crowded t6 tbe «*•t X foUo ‘ 8d him
a a a. b. -1 wiia the meet frfMi cnMoiitT.
last inch of standing room, and for the first Ue ca med olu b i s p „ t Md mtt a« n
time dnriLg tho txiol ltditVolhtr then tho coccise, cl* ar ai.d coherent (.tetemem from
seer relatives cf the prisoner vete seen in I beginning to end, couching It In clean ont
the audience. Iu tho forenoon only OM . 5m A* *.h!
. .. . . | point and« •«*m< a to cotmy acoar Atcly the
was there, bnt during ihe afternoon tbe ice meaning bo wonld have conveyed,
having been broktn and in anticipation of j Bit voice was low and subdued in keep-
fits display of eloquence looked for in the l“g «d'h the position he was In. During
,v. .... j the time be was speaking every breath was
arguments in the case, there were “»ny bnsbe d in tbe boneo and every eye wes
faees of the fair sex to be seen in the hou.e. axed on the features of the speaker, which
There was some short delay in showed some alight tremor at times, and it
coming to order for the morning | w “ evident that be was laboring under
Bouton lasting until about 9:45, ami when atroB g in,etnal emotion^
tho court had ealled for order Ool Rather- TO '* woolvolk’S statkment.
ford arose and said: "May it please your I Th * 1 ‘ r ‘" on « r Talk, of nts Alleged Con.
Honor, yesterday I had aubpena, aent ont
for live more very important witnesses in .. PlMI , , onr bonor ud gecllemen of the
this ease, and 1 bava need all dne vigilance I jury, 1 am oterged with the killiw cf my
In older to get them here at the earliest poe-1 father, my brothers, my mother, my sisters
sible moment, and would ask for a delay I and Mrs West I aay l , m an innocent
until these witnesses oan be brought into I man, end! most humbly hope yon will,
00 2£‘" I and I ask you to yey the closest attention
The court made Inquiries of 8beriff Wes- to what 1 have to exy about this terrible
cott, who etcUd that (pedal cfBosrs bad I oalamlty.
been dispatch'd with orders to use all poa- "We all aat up until about 9 o'clock and
aible baste to bring the witnesses into court | then we ell retired about tho same time. I
at tbe cerlieet possible moment. took a wash-pan and som. water and
Thereupon the eourt yielded consent to a I bathed myielf and shaved myself and then
delay and Informed Uta jury that they need | went to bid and I slept nntU abont two
not remain in tbetreeate, bet if they wanted I hours before day, when I wai awakened
to move aroond or smoke olgaie they could I by a groan end a blow and a aoream. 1
do an. They immediately took advantage I jumped up to go to my father's assistance,
of this privilege and the attorneys on both I into the room where 1 heard tbe noise. My
Mdei also scattered. A little while lster 1 brother Richard was quicker than I was and
Dupont Gnerry wsa teen over in the comer be rushed In ahead end wee knocked down,
behind the clerk’s desk elosely studying a I could not ace what happened. The light
manuscript oopy of tbe evidenoo as reported bed been blowed out. I could not see him,
by tho stenographer, end the inference war but I heard him fait 1 knew that my life
drawn that be was making mental notes to was in danger. I was greatly excited. I
nee In his address later in the day. | turned around and jumped over my bed
THBcoxvicTexias on the book end out of the window on to tho front
At 10:1j there was a blight b.atle tn the I oorch, and ran down to Green Locket'•
crowd ufoaod tho doer asd tho thoiiff an-1 home, tho neiract prgro homo on the
souooi d George Caldwell, wham he brought plantation. When 1 was going out of the
forward. He was dressed in tbe stripe* if front yard 1 beard screams from the ohll<
• convict, bat was sworn and biased the dren. I called Green, end I called him.
eime'Book that has been kliatd by so many I Became after calling him several times,
different olastts of people line* the tri >1 be- I and aat do * n on the slept as If very much
Ren. Witnetv _ first cime to Mr. Wool-1 disturbed. I begged him and begged him
folk a in 83 and stayed till June 18, 1886.1 to return to tbe house with me to assist
Married a girl on Mr. Woolfolk’- by the me, to help me to protect tbe family. He
name of Henrietta Woolfolk, a daughter of | said ha waa afraid to go up. 1 then got gome
Bias Woolfolk. Hilts Woolfolk was op-I boys to so for tbs neighbors aa quick aa
posed totha mani g*. 11 could. In the meantime Andeiaju James
BUat Woolfolk had bad a dispute with I osmo np from behind bis house, and ha
Captrin Woolfolk over bU pay, and Captain I waa frightened nearly to death. 11a agreed
Woolfolk refused to pay him in fnlL 1 to go a ith me. Wa got np by the noose
8Uas said: "1*1 him go ahead. I'll get whin he esld, “Boss, I hear somebody np
even with him some time." Silas had there.” I says 'have yon got a pistol?' lie
talked abusively of Captain Woolfolk. Wit. I broke over towards Green Locket's house,
ness thought Tom seemed to dislike his 11 oslltd him and called him, Anderson, and
stepmother very much. I told him to go and tell Mr. Smith to com*
Ool. Rutherford—Yonr Honor. I move to I as quick as possible. He said ha waa going
rule that out. I for ctmith. 1 listened aud then I heard voioaa
Jndge Outdo, (to the juiy)—You need I dletinotly of the parties who killed my
not eoneld- r that aa e video oe, gentlemen. I father and his family.
It la not admissible. I "In a little while I heard them go out the
Solicitor Hardeman—Well, what did be I back way; I kotw from the actions of the
■a>? . yard dog, from tho way he was running
He said-that the property belonged to I backwards and forwards with kia
him and fa* did not intend that hie step heavy block and ebsin. Ho made
sisters and brothers shoo Id ever enjoy it. I a tremendous noise. He was following
How many times did you hearbimaiy eo? them to tbe back gate. I heard the back
"Several times. I heard him ray so the I gate slam; heard them ml down toward
■eeond year I wes there; <n 1884’* I Tom B .uka'boose. After standing a while
"Come down,” and George cime down | tho dog cessed to bsrk and everything waa
ssd p used out cf the room looking trine- f still. I then rpprosohsd th* tir.ni* vny
tent to go, as though ho would muoh rather I cautiously. I went into my father's room,
stay in the orluiual amphitheatre then to [ I oallid him. No sn-wer cime. I don't
return to hi* not very remunerative evict I remember whether I picked Pearl np or not.
lion of breading rock* for the county of I I know that I picked mother np off the
B.bb on tbe pnblle atone pile. I floor and palled her beck on tbe bed, snd I
Mr. J. L. York was next called in, and I tried to find a light, or a match to make a
after some private consultation with attor-1 light iu tbe room, but could not; tried to
neys for the defense, waa sworn find a match bnt oonld not. I then felt of
and put on tbe stand. I them to see if they were breathing. I got
lie knew Mr. Jerry Hollis and had dealt I blood on my hands and flung it
with him. I off. I then went into tbe room
Saw at Mr. Hollis' house the nndereloth-1 where my sister aud Mrs.
log several time* West slept and I hit both of them after
When seked what be had beard Mr. Hoi-1 oalling to them. They were dead—all wera
Us say, wimess ( otj voted at first to telling dead m tbe house. I then was greatly die-
as he waa * boarder et bis Louie, bnt on I Ireased—war very mneh < xcited. I took a
“log pressed stated that Mr. Hollis made I pan abont half fnllof water and then washed
the remark that if the engels in Heaven my hands and feet as well as I conld. I had
ebonld appear to him and say that Tcm I been trcubled with toy bowels and I ran ont
Woolfolk wee innocent he (Mr. Hollte) j behind the bona* end that is the way I got
would not believe them, and that Tom I blood on my drawers end leg. I do not
Woolfolk ought it be hanged. I know whether I put my hsndi this wey or
W itneee was present when the drawers I that way (showing the way). I went back
were taken from the well end saw them at I to Green Locketts house and found Mr.
Ur. Hollis' next mernirg, and tbe piint o ! Smith there, when we turned back to the
the bloody bend on the drawers, but did | honee. When we got to the honse Smith
not think be would have noticed it bad it say*: ‘I hear a nol«e in the
not been pointed ont to blm, bnt after-1 bouts' I thought probably a dog
ward he thought ho could recognize the I or^-v something of that kind that
MriBofflotm. warin there. I went in there and Mt of
Mr. icrk was not a'oss-examined at all I tfccm amt came baek to whtro he was and
by the prosecution, aud was tbe first wit- w* then caUed Green L-.cket He said he
neaa wnb had escaped daring tho trial with- was tick. Smith celled him end finally be
°°b eny crosa-examinstioo. 1 came. Tom Banka esmo np from the di-
Hon. G L. Bartlett was sworn and pnt rectlon these parties had run. I told him
I to tell tbe negroes to get up tho horses and
mjr ,tI } e, f V* S-t dogs, N. T. p on Aug. I go for the neighbor! aud get them to come
e>JB Jndge Simmon* was there also. iWtt-1 aa quick as poeaible. 1 told Smith bow
n<« returned from New York about the | everythlcg occurred; told l im how 1 had
my room, and then I washed my hands and
feet, where I bad gone into my room to
wash tho night before.
"I wont baok to where Ur. Smith waa,
least idea.” eaid be, "bnt and sat there until some of tbe nelghbotv
tr Jndge Simmons.” osmo np. I told them that I waa viry sick.
The day was then abont to break. I
. _ went
into the room and took a quilt aud lay down
on the porch, and I lay there until my step,
mothers flrSt cousin, Mr. Ohamblisk’a
daughter, and Sylvester Chambliss's wife
oatne. When eheoame upshesaw methefe,
and said: ‘He did it. He Is a d< vllln this
world.’ I saw her husband get greatly ex-
oited, turned towards me and gritted hi<
teeth. Ever) body that would come up would
say that'he did lb' They would notask
how do von know he done it they seemed
to jnst believe it. Then four men camo np
and told me to oonaider myself under
arrest. I told them all right. They laid
stand np. They said he has got blood on
his ear. I said blood is everywhero. I
then sat down, and I heard them mistake
wbat I said, I said how oonld I help it
when blood is everywhere, it <s on my
bands and my foot. I told them I was very
siok and I took my qnilt and wont into the
parlor.
"They asked me to make a statement be
fore the ooroner’e jury. Then to pull off my
clothes aud they aearohed me. They snatch
ed my body and looked for blood, but they
found none. I pnt on my clothes aud
they said be is bloody, bo has blood all
over hia shirt. I said I did not see any
blood. They asked mo where the shirt
was I had palled off. I told them it was
over tbore on the box.. They said produce
it I went over aud got
it. They said that shirt you have on is
too Urge for you, pull it iff I pulled it
off and gave it to them. They t >ok my
abirt and wrapped it np among tbe bloody
towels. I did state to them that I could
not remember (boat using those towels,
bnt I do remember now very distinctly
that I did wipe my hands,
hut X did not rotnezuho, it thou.-
They told me to droo my drawers; they
sold tbere waa bit 'oil; Isaiditiedirt, wheu
I looked at them; I remember ho* I go*
the blood on me, an t I told them tbe best
I conld nnder my bowtli trouble that I
rested my binds on the naked 11 sh. They
told me to button them up. I did eo. Tfiey
told me they were through, and I went
baek into the perl tr and laid down. Gen
tlemen, I sat down and I beard good peo-
>Ie hors tell lies—good mon simply beoeuse
bey were pnjudiced agaiost me; people
that had been usually in the habit of tolling
the troth until they were pr> judioed so that
they oonld not help telling lies. And, gen
tlemen, Ann James said that I said
all my people were "death as hell.”
I have been in the habit of sayirg bad
words bnt under tbe great distress I was in
I know I never oonld have made any such
remark. She lied.
"And gentlemen, I do not remember
riding with Boue Davie. If I ever did ride
with him I never made snob » rim irk as he
stated. I loved my father at well as any
man love* bis parent. I do not* know
anything about Bone Davis’ character as
to truthfulness, I only Inowbim when I
meet him. I moat *ay that I would not be
hove Lim on oath. He may tell tbe truth,bnt
he certainly lied when be arid I made any
threats against my father or any of my fami
ly. And tt I did say it I was either crazy or
drunk.
"Mr. Brown laid when I was making my
statement that I eaid that I heard a
groan and a lick, and that blood splashed
np on my ear.
Helled. Isold how osn yon help getting
blood on my ear when it waa flying every-
when?” That U tbe expression I used. I
don’t know how I got It there, nolets when
I got blood on my hands I might have tried
to ibrow It off, under tbe distress and ex
cite ment I waa under.
"John Owen U a ntgro of bad eharaoter.
My father put blm In tbe chringang for
steeling corn in swamp, and ho also ont a
negro nearly to death. Ha also out a
white man. Ha was a ntgro of
bad obutotar. He swore that I
spoke to him and said I expected to own
the property some day. 1 don't remember
telllmr him anything of Ibe kind.
"Wbtl John was whitewashing the house
he loathed eome cattle for my father end
they died from it, aud my father gave him a
severs aooldiog. While ha was dressing tbe
oattle I heard him make this tituark: He
said he was painttrg father's will, or Cap-
tain’s wall, while now, but he would paint
them red before long; he hadn't forgot
about the chain-gang boilaeas.
"I told father what be arid, and he said
ha knew he was abed negro.
"Abont Mr, Dannenberg: I don't re
member having any conversation with him.
two yean ago. If I arid anything it waa not
a threat toward my father, or parents, or
anything of tbe kind. Georgs Oadwell, I
remember, having helped father arrest hint
after he came to Maoon here. Father cams
to me one morning and told me he had
stolon oats, and I helped him to arrest him.
I never knew him nntU then, I h ve not
seen him since. I don’t remember saying
anything to him in any way, shape ot
form.
"Now, gentlemen of the jury, if yon
tbink I am guil'y, I hope this crowd will
taka ma and ont me all lu pieces and I won’t
flitch from .1.”
Another delay of an honr followed, dar
ing wbioh the jury were given tbe privileges
of their oorner of the eourt room and the
prisoner leaned baok and conversed in low
whispered tones with hit eiater, Mia El-
wards, while Mrs. Cowan read the morn
ing's Teleosaph, which aha aUerward
naurd over to Mrs. Crane, and then i >iued
her eiater in tha conversation wi.h Tom,
taking little snony-fa-ed Freckle on to her
lap. Tbe little fellow chattered away, to
the evident entertainment of the three dis
tressed persons, who ceoasionally smiled et
hi* innocent prattle.
moss testwost in bebuttal
Mr. Jerry Uoliia waa eillcd tn by Ihe
prosecution in rebntta! HU teatimoey waa
practically as be had already testified, and
aa has already been published in (he Tblb-
obaph.
In eross-examination he laid that ha had
felt that it waa a very ontngems murder.
In reply log to Col. Rolheatord'e question
as to whether he bad not felt very strongly
in the cue, witness replied that he bad felt
that Woolfolk, if gniity, should be hung.
Judge Lyon waa aworn and took the
■tend. He lift Mteon with Judge Simmons
f.rNew York and 8 iratoga on the dey or
night after th* murder cf the Woolfolk
family. They beard cf it aa they earns from
Allante an 1 passed through It .con to Sevan-
nab, where the y took the boat for New York.
Mr. W. 1L O r Fry was recalled and pot on
tbe stand. He saw Jm'ge Simmons at tha
Brown Honee the night after the killing.
Mr. T. M. Batnir saw Judge Simmons et
Ute Brown Honse on the night following
that of tho murder.
Mr. E. S. Chambliss was recalled and
took the stand. He went to the Woolfolk
place the morning of the killing and testi
fied in rebuttal for tbe pro<«ou‘ioD to tbe
testimony of Mr. Frank Ku-g given on
Saturday night wi'h ngaid to iha search
made for the clothe* I Us testified that Ceeb
Jeff waa a brother of John Jeff and aided in
suggested looking in the well after they bad teitim'-uy of Mr. Howard, the falte r of
looked tverywbere else. He also stated Mrs. Wool'olk, at to her remarks upon the
that bo heard Tcm Fay before the oeroner'a Sunday before tbe murder,
inquest "When father was struck there The oourt eaw that if he ruled out tbe
was blood all enund.” j testimony of Mr. Howard he would be
Mr George Oxley was called and took the compelled to rule out considerable evidecoo
stand to testify aa to Tom Woolfolk’* state- for Che defense whioh bad been of tho same
ment to the coroner's jury about blood iu class, including all the testimony abont
his ear. He took tbe stand but an oljietlon . the relations of the prisoner to bis mother
to his testimony by CjL Rutherford un tbe Col. Butbertord then argued Ihu tbe
ground that witness had been iu the room ■ statement of Mrs. Woolfolk oa that oco»-
and heard the testimony of Mr. Ohambli-a,! slon was different tr jm th** evldonne of tbe
the oonrt ml d that he oouli not testify and defence to establish tbejt'aoeable and bar
he cam* down.
Mr. W. A. Divis took th* stand and test!
fled that at the coroner's inquest Tom said
nothing about bearing anyone go thrcuib
mouioui relations ot Tom and hi.n u.mtr
and sisters
Solicitor Htrdemun hereupon got up, and
sail thr (court bad alrtady ruled on tbe
the baok gite or about hearing anyone in qutg ton for ruling out, and this tuling was
the house.
Col. Rutherford ol j c'.ed that what Tom
said before the ooronet’s jury oonld not be
brought in ns evidence tg dost him in this
trial and said be o ould prodno > a decision of
the Supreme Oourt tn su tain him.
Solicitor General H rdemnn held that he,
too, ctnld produce authorities from Su
preme Court rudngs that would show the
testimony of these witueesos to be admis
sible.
Ool. Rutberfurd said that the statement
made by Tom Woolfolk before tbe ooron-
er’a jury was made under more or less ex
citement; that ft was oompnlsory with him
to ray something, and while he waa not
oompelled by foroe, he was forced under
presume to a statement, end iu the spirit ot
the law the exset words be arid then cra’d
not be med agaiost him in the trial for bis
life.
The court looked et the clock and re
marked that as both sides were looking for
author ties, nad it was five minutes past 1,
he would order a reoess till 2 30 aul give
the attorneys time to prooure the neoeesary
volume*.
THE ArrKKN ON SESSION,
Proceed with your testimony, Mr. Gnerry,
arid Judge Gartin ss ne wrapped the de<k
with his gavel at 2:35 p. m. after tho re-
aess.
Colonel Rutherford toik the floor and
read Supreme Court deatstons bearing upon
tbe evidence put in by the proaecu ion as
fur as Tom Wuolfolk’s statement before ths
eircSer’s ioquest went II- “» or**d M>*
circa mstmc.s of exri.ement and tbe press
ure brought to work upon the prisoner at
the time he made his aut< moot before the
ooroner's it qu-sb He said he was forced • o
spesk tis effooiudly at that time as if the
ruck and the tortare had been applied to
fotce him into making testimony against
bim-eif. He was before a court at that
time ard waa under the coaatiiatknd
piiviiigrof keeping silent, but he did not
have the option.
Oolunel Rutherford oonsnmrd nearly half
an hour, and during that time tha at orueys
for the print colon aat poring ov. r their
references, but tbe oourt rated that 'the
tesiimeoy ot XIr. Briley waa admissible,
and told Mr. Bailey to pr caed, wtihunt any
counter argomont sgaim-t CoL Rutherford.
Witness then sta ed tbai Tom made no
statement at tbe ooroner’e ii quest about
hearing any one iu tho h use or any one run
away trom the premises. He arid that
there waa no money in tha house to rob,
that he knew ot Witness thought some
one Hiked Tom at the time whether be
heard any one run away from the house,
and that the prisoner answered that he did
not.
"It your Honor please, the State closes, 1
•aid Solicitor Groeral Hardeman, at exaetiy
five minutes to 3 o'clock.
Colonel Rutherford stated that the de-
fenoe wanted to call la euotber witness
sad asked the Sheriff to oall in Mr. Stm
Cherry. Mr. Cherry wes called for, but
conld not be found read ly. Colonel Ruth
erford then stated ihit a delay was necwi-
■ary until Mr. Cherry oonld be prodneed,
bat he wanttd tbe prleoner to be taken Into
ante room and have the abirt, that had been
■rid to bo to large (or him put on and have
him ooue into th* oomt room with it on end
let the jury s.o if U wav too large.
Th* oart readily gave tbe order to tbe
sheriff to oarty out their request.
Sheriff Wwioott than brought in tbe
shir', end started to lead the way to the
anti room, bnt tho piUoner's eye eaugbt
eight of the garment aud for an iualaut he
recalled the abtriff and looked at the gar-
ment to make sure it waa tha one. This
ha did iu an instant on eximinlng it. aud
immediately aro‘* and followed tha offiaar.
They were not gone more than three min-
ute* before returning. The prisoner waa
PBESHEI) IN TBE BLOOD-STAINED HUIBT,
which, althougn iv.d*utly nut mads to or
dor and lit, wes not vsrv much too fall
Everyone present looked a very picture of
intense interest at thie spectacle, the jary
being no exeepUon,
Too prisoner stood before tbe jary and
waa turned around lim* and again to give
them a full idea of the St of the garment,
Colonel Uutherfotd so.ing as diepieymeu.
The court having granted tbe jnry ■ brief
reooea, they retired lot a smoke in the ante-
room, and while they were oat Colonel
Ruthertoid moved to rule out the evideoo*
of those who were present when Tom was
oompelled to unoover hia person end thm
■how up the mark) upon him, on Iha
ground that Iha sot was dona by people
who bad no authority of law or right to
compel him to do «o. The
Supreme Court bad already
ruled that a pnamer oonld not be com
pelled to put bis foot in a traok in order to
measure the foot print to see if it was hia
The oourt ruled that be would instruct
ha jury not to take into consideration any
tes-imony that was drawn front Ihe prisoner,
un the ocoaiim of his examination, by
ei*h t foxes or inducement
Mr. Cherry wee announetd and the jury
u recalled.
Mr. Cherry same into oourt and taking
the oath was put npon the stand in rebut
tal ot Mr. Chatnbli-s’ teetlmony.
II- stated that Ur. Chambliss said he
couid not serve on the jury, but he wished
he could, damn him, be would htng him
anyway, r furring to Woolfolk. He also
said the prisoner, if acquitted, wonld not
reach the foot of tbe eaort honse stairs.
Mr. Bntnet bad sail that h* would bs
glad if he had the chaco* to aarva on the
jury, if he eonld he would hang Tom any
way. lla thought it looked lik* Mr. But-
ncr was trjiug to get on tho jury from the
way be acted when it waa drawn.
"Yun were hnrt in a railroad accident and
are -ring th* road with CoL Rutherford aa
your attorney are you not?”
"I wa* hurt In a railroad aoddent, but
Lata not eDtffftd Suit-"
"Bat yon havaoonsalted Ool. Rutherford
about It haven’t you?”
"No air, I have nob”
"Yon profess sin till cation don't yon?'
"No, sir, I don't."
si a, cbahblob in ’bebottal.
Mr. Sylvester Cuambliu aid not know
Mr. Ciurry and did not bate any rrooileo-
tion of paying that Tom Woolfolk wonld b*
killed Vetor* be got to the bottom stairs.
Witnres thcnglu that if he hid made inch
a remark it w.s in a jesting way.
"Do yon jaet abont killing people, Mr.
CbambUee?"
"No, eir."
"D. yen think Mr. Woolfc'k's condition
now is one to be joked about?"
"No, eir."
Mr. llatner was called for, bnt wsa not
to bo found, and eo the court dismissed tbe
jury for a few minntee and requested Cob
made In favor of tue defers i on the condi
tion that the proseou ion should be allowed
to enter tbe s >me kind of evide; c >. end
tha' C l Rutbeeford at tbe time said that
he ccutd not agree to that, bnt nev r.heless
went on and examined hie witness, Ihe tes
timony going to the jury on that under
staodiog.
Toe oourt rule 1 that the evldenoe of Mr.
Hor-rd ciuld stay in nnloasbe threw out
all of the testimony on both sides brought
out to prove harmony or discord, as the
oase might bo, between Tom and hU fath
er's family.
Tbe j try were then reodled and
took tbeir seats. By this time the bouse
was paoktd even inside tbe railiog of tbe
o mrt proper, to tbe 1 mt inoh of riattdinj
room. The seats that tbe offloere hid re
served for them, were all taken up by the
ladies who had come to ths oonrt room iu
anticipation of bearing the argument be
gun
A little spit followed between the pros*-
cation BDd defence over some poiat r died
about a oonverea'lon between Hollritor
Herd mon and Mr. Ouambrlis*. Two
vonng gentlemin, Kibert Hodges and Mr.
E R.als, who bad overheard a part ot the
conversation lo di-pute, were sworn and
S at npon the stand, and testified for the
efmre.
Wood they wera through Solicitor-Gen
eral Hardeman arid ue would like lu bj
sworn with bis oolleague, Mr. Hill.
Ool. Rathciford aimlaiitered the oath
and
THE 80LICIT0* OENEBAT. TOOK THE STAND
ant iu ide n N'utemoiu of f.o s lo tbe jury
Af er him Mr. Hall waa put up aud wav
put throngn a ocurse of cross questioning
by Col, U I'.herfnrd, much to tho amuse
ment of tbe audience.
Mr. Batner was put ou the stand. He
did not tbiok he eaid anything in tbe
presmae of Ur. Cherry to the tff- ot th it he
would tike to serve on tbe j ury and would
bang Woolfolk if he had the obanoo.
XIr. Butner was disqualified trom serving
on tbe jury beoause he wav not unbUaed
in tbe eve.
H« di.oLimod having made any such re
mark as had been testified t, by Ur. Gnerry
as o ming from him.
After XI . llatner aims down the defense
stated that they werj through with their
testimony SDd tbs oourt announced that
the arguments were next in order.
jumped throu 1 ,ha wfadoVanJ 11 * 110 ' 1 ’“rite
L', ket’a house, when ?,! ¥" r » n ‘® Gteen
another Hue s a . i j . * liokand
He don't claim ,h . ef f J11 » death
of those to whom v« taik*«d° ^ t *" i ®om|
der, that he he“d Ly?“•*«“ mut.
tliut he beard any otroV *»* k 00 **’
bouse. N3rdo4ho s»v tn ftom «»
heard anything to lndl£ tha? "»
was suspected of being °®«
honveou that night until Uod *"•
* ue track U f mod in th.'b.ii „
gentlemen, who made that tn a ' Nlw ‘
undertook to wlp., it away? Ju!_ or . ,ha
ger bad committed thi^'odme
have tried to wipe away the bloiri p?
room any more then anothei? in oa,
The work was begun in tha fith..-.
and fiofahed there before it was oirrlt? 00 ®
else t'hero became if U hod bew ^ ?
some olher room the old captain , .« ?
have roebed to the reaoueof his f.!in J
At tbia juncture the honr of half nariite
h-vrog arrived the oourt aunounoei - tU - a
oess of two hours.
THE Ntoni SESSION.
Towards 7 o’olock large erowds of nmni
gathered ot the oourt home, and br°?hl
oven hour thors wsa not an inch of nn>Jm
pied standing room in the home 1 The!!
cienoo oontrined a largo percentage
Udies, and aa tho prisoner cime lu and tort
u\t,V , de * 1 o£ MWloeity wav el .
hibittd by the fair ones in their eff jrt a !
get a look at him. "* w
Aa toon ps order in tbe oourt room h.d
betn secured, Mr. Gnerry resumed bis.
gu-nent, of wbioh wo give an outline
M-y it pleieo your Honor, the g„ a ,ril
oiroumriaooes of thiv cue point to the trail
of the defendant, and erclude any ,e a ™
able supposition th it any other ptrionoim.
mitted the greatest on'nge ever known H
tbe clvtliz id world. The evidenc, 1, bdi!
putvble thit thiv defendant iv guilty, V™
notice, gentlemen of the jury, that It in.
psars th*t in the early m ining hour acmi
guil.y person found ri neeesvsry to depcvit
in the well those garment*. Is it probible
if two ot more pvismv had been oonneo'el
with ih.1 crime one would not have atopp-t
to lake that preoxutlon and one cnlv l(
more thau one person did tbe deed more
than one was oovered with blood and it ii
SlOSply nnk n? ih® nn«m»inn on* ~
ot them fl id und only one stepped tooier!i«
himself of the bloo l stained garments worn
in the bloody work.
"It m triers not how much of a burry he
was in, some hrit hour must have bu n c in.
•umed in the work of washirg, and if
Tnomaa Woolfolk had run at the beginning
of tbe rtrnpgle, for file and death to the
house ot Greene Lorkeit, at he said be did,
and after staying mere only ten minutes and
return'd, be would have found the a>ui.
sine and robbers tbere still completing tbeir
d.'tiediUons lu robbing tbe house ol iu
tnamres Gentlemon of tbe jury,
neither the gvmlrmen of tbe jary nor
bis Honor on yonder bench are responsible
if the law is wrong and von hang a mao oa
aceonnt of its error. W* must uke the Lw
aa we find it, and most be faithful to its in-
terpretation. Wnen you begin to viry from
the wiitten letter of the law and set np a
law cf yonr own you trie
the first st> p toward anaroby and the u tt
mete downfall cf the Institutions of soeiety.
Y.iU mu it aot in this ovee noon tbe rulee
as they ere prescribed by tbe law.
Hero Mr. Gnerry read from the Su
preme Court reports upon tbe reluctance
of jury to oonviot on cironmiUntiil evi
dence. Hopklu penal oode volant* 26 tod
34, and from 58:h Georyis, page 79, to ths
> Scot that tbe Stats must show to a mor.l
certainty, it waa the person who committed
the murder be tro a jury should return e
vardiot of guilty. Trite the ease of som*
hrove man who in open daylight bad
killed bit antagonist in an affray sorb a
obaraoter would be held amenible to juet-
ioe, but gentlemen ot the jury, the i-mhu
who waylays bis viotim la tbe dark, the
disparate burglar who enters the home at
midnight and ktlla his family would not be
imenaole to tbe law, and oould g- free un
less circumstantial testimony were u«d.
Th; greatest mass of our orimlnritaie
brought to the law snd its punishment by
m-an* of ciioametantiri evidence.
N .w, I wish to call yonr attention bririly
to some chcumatanc is wbioh point to ths
guilt of the defendant end to Us guilt only.
The bloody gat merit. There Is but see
set of them. The bloody shirt is indentl-
fled by two or three witnesses who tav it
taken from ths well and examined it snd
who tell you that it was bloody.
The sheet would have been bloody had
It .liven soaked iu blood and riuitd in
a tub; but after it wav In a well tbit vu
churned by tbe drawing of water from its
depths for tbe hundreds cf people who
drank from it on that memorable d*v it use
•till bloody.
No one ever eaw brains, tliher human or
brute, without blood bring there too, sad
from tbe (Mt that tbere wire braiai on tbe
gvrmeote tbe (sot is eetabliibed that then
was blood there, too.
The witness who had aolentlflsvlly ex-
aniintd these garments camo bvfore you
•id swore to yen that he had dateeud
blood corpuscles thereon. The fact tbal
we pnt up ions aoienttst gave our oppo
nents an oppportnnity, for when you Had
ono dooior that will **•*>
to oua thing, you will flu*
another who will take another etead.
Duotote, if potrible, ate won* than lawyers.
Doctor* and eoirnUfle men disagree on Ihe
•ul junta of blood teats, and it atande to
reason that the blood elota might have be-
ocn-u deiiched and have sunken and by the
lawe of gnvitetion end diffusion sides 1
that bat softentd anr aeaktd as U ***
whi e lyltg there in the bottom of that
wetL
The witnesses all tell you that it **•
blood ataio* on that hat and on tnoaegt-
ment*, bnt at soon aa wa go into eoitnula
investigation there comes confusion.
Judge Lumpkin who sat for years on ths
Supreme Court beuon and bouuecu tbit
high p isitton tolls us thit hs would a* )«*<•
have the evldenoe of a ptrin unpttteuiiuui
. . . . , pr. e:io*l min av that of an exptrt rciraUit
only human bring that was there who was Th ire is no doubt, g-ollemen, «e
lrit to tell tho tele. He wea there when ' to whom those clothes belong—tbry
tbe flist blows wire atruek and he «ii longed to Thomas G Woolfok.
there after tha murder was corn./the proof has bem given you by many wit-
mitted. He wsa a atruug, gro vn mao snd *
hs made bis etospe. He claimed thu a*
soon aa he heard tbe fall of hit brother he
fl d. Now, gentlemen, I u* not here to
•»! whet was rigut to do. I am hero to say
that Tcm w. ■ the only person, man,
woman or ebild, that did fly, Biehard,
seven or tight yean the jnut..r of Tom,
who had not had the *x petit not with the
world or learntd self confidence that Tom
had, did not aot the ooward and fly, but
lushed to the resoue.
P..ill. the beautiful Pawl, Annie and Ut-
tli; R isebud, dido tfl,, but whoa tbs dread
ful morning earns they war* altihere, under
tbeir father s roof, and the eg*) Mrs. Weet
wee also there—a silent wltne»s to the trans
action, though her story will never be told
®n thivsule Ihe greet rivet ot D.alh.
Bat Tom hu eaid that be waa .«.vc-d bjr
k? 001 POM«M?d man who bu
jbown himself to b« watcLfal during tb*
trul, and who stated upon that stand lo
in r» OF GUERRY’S SPEECH.
A Brilliant Effort of n Great Lawyer Re
fore a Thr mged Uuau.
XIr. Guerry made the opening spoeob, a
synopsis of whioh is as follows:
Hvy it please yonr honor and gentlemen
of the jary; Oa the Ctb day of August last
you nnuibertd among the families of your
neighborhood a family the name of whiih
has been made immortal by oneof tbe moat
awful murders in the hivtory of time. The
father end mother killed in cold blood; * son
Etchird, 20 yeays old; a daughter Peu], 1C
yean; lit I* Annie, lit years; little II eeoud,
8 years and little Charlie. 5 year* old. thin
oime the last and least, the baby, little Mat
tie, whole name had never reached it« plvoe
on tbenoord in tbe family Bible, tbongh
toon to bo reoordtd in the , amb'a book of
Ufa Tbe family then bad aa a guest an
old and lovely lady, and also a eon
by a former wile, Thomas G. Woolfolk.
that Light the labors of the day being
over they retired to reet early ai iv ihe cus
tom among tbe bappieet famillt a of our
o juutry. The mo her and the babe wore
asleep. Some stealthy demon with human
brain and hand stole into tbe room and wiib
a bloody iu-trument assailed muiditco-ly
Ibe old gentleman as he lay wrapped iu
alumber. The mother and wife hearing th*
cry or blow, throw her body aorow that of
buvband and the (ether of her children and
war slain with a blow in tbe aot. Rich ird,
a manly (o low of twenty years, rush d un
hesitating to the resoue ot hi* fa’ber, end is
attetehed down to sleep the lavt sleep, with
terrible blows that spilled his blood
and brains upon the; floor and
oelling. Little Annie end tbe re*t ere ell
stricken down but one—that one Tb< mas
G Woolfolk, woo, either by the prxvidtne*
of God or the maobtoatiane of tbe devil,
survives. I shall undertake at this time
o .ly to ley before you the general condition*
of thiv awful aoeua. Toe bloody sx lying
•arose the door of Captain Woolfolk's room.
That ex w*e the instrument, and the only
Instrument, used iu the murder of all these
people. Tiers were other things foond
there. There was the blood* towel toned
in tho room of C iptain Woolfolk. Wo Uud
in the hall in the vieifiity ot tbst room
tracks. Whether tbe trsoks were bare
footed trsoks, or whether the feet
tbst made them bad looks ou,
it hua boon (shown to you
gentlemen of Ihe jury, tb.t the trsoks were
tbos* of one and tue same parson, Thame*
G. Woolfolk The exe thet was found there
tbe: did tote bloody work was on* that Was
used on tbe promisee and wsa used bv some
one familiar with the place. No rutUm or
burglar going there would have done so
without arms, or would have gone there de
pending upon finding the family ax i. Tbe
fact is proven that Tom Wooltelk was tho
last hum tn being that had toe axe before
ths kilting took pl*oe. There Is no dispute
but a h tt the defendant was on th* prem-
ists that nigh'. There were no o ilored pen.
pie around the bouve. Thom.e was tbe
d»y that if thu jary foa d him purity he
“ t °‘ M fl ‘ n , oB , l£ the peopiy of XLtc.n
woul i cnt bim to pieces.
This it the min who el time that bees-
f !?v a£ *!»*
r osies, the only doubt of it being that little
hat ot ■ little boy, who waa brought here
baton you and wa* so youog that he eon a
oottisify Sites Woolfolk Is blr grsna-
father, I believe, end gentlemen, do jo*
thi- k be ii tbs guilty pert)? . ..
If Hite* Wooltolk had been th* gufiT
p trty he would never have allowed thet a®/
to wear thit hat after it waa drawn » “
that well and r> stored to blm, but would
have bean troubled by Iha blood *P°*
would have known to ba npon It, and wouta
have made way with Uineteed of allowingthe
boy to wear It, even into this very erurt.
Bu\ gentlemen of the jury, who-*cWb«*
are thoee? Whose shirt it tbs'?
have been identified before T»»-
They ar» those of ToumvsG. Woolfolk,«
ts’i.ly R.ohard never had them on tu«
night. . w
You have seen them and you einiM n
they fit and correspond to the sixs tf
person. There la no doubt whose cl. -
th*v were. ub .
Whose socks thote are ha* been «•
Ilvhid beyond a doubt Dr. Chiton
you that he .ximined those * 0C V * r , rf ,t
from them he »cr*ped wbat be di - ® , .
under tbe power ot a ml?rorcop* to ® ’
Li-,., . no ecu tb nx is"
atherford topro^ed withhi. nrgumert on | frightened out of hte wite and ranting ’ with blood c.rpu- Ies. Do J£ a
to motion lot rallng out of testimony. away. ° i .h„.« KC t, coirts 'ondlcg to tho < oruf- 0 ’