The Home journal. (Perry, GA.) 1877-1889, June 20, 1889, Image 1

Below is the OCR text representation for this newspapers page.

iF YOU WANT ,ai$y ke*d Of- job rniNTiN'i -GIVE THE—- m JOURNAL JQB OfFIE -A TRIAL.-- •JOHN H. HOlJGrES, Proprietor. Devoted to liome Interests and Culture. TWO DOLLARS A Year* in Advance. VOL. Xli s PEKKY, GEOKGIA, THURSDAY, JUNE 20, 1889? NO. 24. the: Headquarters for ttousion nows! —Tiie Home Journal Job ofe ' - * ** * ft ' ; , -'it t i * * fiee i§ ally prepared to do any kind pi Commercial job tvork thai may be needed. All nicely pad ded, and. at prices tiat will, coin I pete with ahy city. Call and loot at our samples ail'd get our bnVas J and you will leave your orders. testimony all in J-he trial likely to ENii THIS WEEK. The Crowds Will be Larger Hear the Argument, to Wednesday Afternoon. ^he cros examination -of O’con- nov was continued.' Questions touching the family were opposed. The witness ask6d the court for protection: “Colonel fidthi erford is trying to spring abnie trick on me." dohu Qwens, a negro, the next Witness, was whitewashing Wtiol- folk’s hodsei March three years igd: Tom said to him then in the back yard: h Jokn you are getting along pretty .well. John, this Jiropferty belongs to me, and I iim going to get it. toft will, see I’ll get it.” Cross examination: A godd friend of Tom. -He associa ted With Ufegroas and lie would go ■with them Bii a little devilment; Told coroner’s jury what Tom had said. Didn’t say anything about going Id the froiit house door. Redirect; by devilment hieant about the gals. . , Crawford Wilson lives iu Mon roe county. While working on a bridge in 18S7, Tom drove up and stopped, began talking. W ituess spoke complimentary of Miss Pearl, hud Tdm said: “Anydody could be nice living on somebody else’s money. They are using my dead mother’s prdpertft aiid be fore t will stand it, I will see thehl all dead and in hell; and I will wade i knee deep itl their bloed.” I said to him: “If you think that way about your family, I wditld advise you to leave” He said! “I expect to leave, but I will leave with revenge.” The cross examination attempted to discredit the witness by bringing out facts that he remembered no other particular conversation. The witness mentioned this conversa tion tb Capt Woolfolk, who said: “Mr. Wilfeon don’t talk that way: Tom loves me better than any child I have.” I told Jim Fletch er about this. Don’t know how the state’s counsel got it. Re member distinctly because of the murder that year. E. J. Parker testified. He help- eb to undress and wash the dead bodies of Captain Wdolfolb and his sons. The shirt and drawers were cut. off of the Captain and ftidiiard. The shirts were split so that the bodies were lifted out. The shirt and drawers in court krere not taken from either of the dead bodies. He wiped the floor with the garments taken from the - bodies, and put them in the fire place. He testified to other im material points, and w&s unchang ed by the cross examination. C. W. Howard, brother of the' deceased Mrs. Woolfolk, and ad- miriistrator, testified that her property tvas worth ^oiit $9,000; that fof Captain WdAfolk about $7,000. The Captain was in good health, stouter thad Tom. Rich ard was not well developed, was as tall but not so stout as Tom. Not questioned fey the defeUsU: P. H. Diton testified almost ex actly the same as Parker. The shirt drawn-from the well IvUs not the same taken from the dead body bf the Cap tain or Richard, as none* could have placed anything in the frell that afternoon without being detected. The cross examination blicited Hd contradiction. . Mrs. Elizabeth Black, of Amer^ icus, daughter of Mrs. West, tffao iras killed at the Woolfolk place, testified that Mrs. West _ was bighty-four years of. age and very hard of hearing. When sleeping She wore a cap covering her ears. &he slept soundly, and {jpuld Scarcely be awakened by noise; Cross examination: RemarkMy Ea sily awakened by touch. . Could hear if spoken fc ! in a loud voice. J. D.- Howard, brother of the deceased Mrs. Woolfolk; testified that he received formerly A gold ''Yotch and money that were in the house when the kiliing took place. Recess at 6 o’clock till 8 to nm” low morning. THURSDAY MARKING. At opening of court this morn ing prosecution asked a few min utes ifiduigehce; ndeans of sav- iiig time in the indrodnetion of testimony; as they hoped to close to-day. Proceeded id business at 8:45. Rutherford protested that part of John Owens’ testimony yester day was indecent, shocked jnod- esty of ladies, who declared they wouldn’t again attend tidal. He asked tci be put on notice hereafter when Siich testimony is to be Hroiighfc out. Capt. Hardemaii declared that he didn’t know that the words complained of would be used, and Wotlid not knowingly draw out any indecent testimony. Jake Heard, of Macon, corrobo rated previdus testimony as to im possibility of shirt t and drawers drawh from well being same as were taken from dead body of Captain, or Richard. Sarah Harden, Washerwoman for Woolfolk family; Washed Thursday hhd ironed Friday be fore killing, at home. Stated num ber of shirts owned by Capt. and Richard. Flam Shirt in court be longed to Richard. 'That shirt was on bed next to hall in front room left of hall; “flung it down there.” Drawers m court didn’t belong to Captain or Richard— not like theirs—showed jury dif ference. DidriJ kridW socks in court. ' Captaiu and Richard’s socks home-knit. These bought socks. Put Clothes in Miss Pearl’s room. One pair Captain’s drawers missing rnttfinrig of killing. Cross brought otfi number of shirts and drawers owned by Cap tain and Richard,—and some slight discrepancy between testimony now and at former trial. Rebuttal-Shirt in court in court was on bed for Tc*d, Friday even ing. Jury sent out by request of de fense. ■ Defense arglied that assertion that “shirt WUU left on bed for Tom” was inadmissible; as shirt was put there by order of Mrs. Woolfolk, who said witness, stated. “Leave that shirt for Tom to sleep in- He is too dirty to sleep in my bed.” Hardeman Slid Guerry argued that the statement objected to is admissible. Court ruled it inadmissble. CottneUl Agreed upon form of testimony on this point; and it was dictated to stenographer. Jury recalled, evidence as agreed to was read: “Witness picked up shirt exhibited, which she has tes tified was Richard’s, from bed in front room on left of hall, as you efiter front door, the bed nearest hall, on left as efiter door. Mrr; Woolfolk told her to put it back, she did.” Agreement involves. • withdrawal of obj ection to ifestiifiony by de fense. Witness whs straightforward and positive: Joiia Woolfolk, negro, next on stand: Identified hat in Court as one she bought fof hef son; drop ped ih well several mdhths before tfie killing. Got hat from Green Lockett’s house, and son Wore it long time 1 before other trial, when it Was' used on trial. Cross failed to elicit exact time of bat falling in Well; said; “Weren’t no blood on dis hat when it fell in well, cause no body dere den fer git blood on it.” “Didn’t go to church dat night; didn’t have iaeetin’ dat bight; meetin’ done broke; held s’ciety meetin’ Friday nights; held none' that night.” George Oadwell had been pat in jatil for Stealing Capt.’f ox. “He came down by* road one night before bogs was killed.” Question: ‘^Didn’t Silas say Capt. Woolfolk owed him money, was ahead of him, but he’d get even?” Objected to by state; and ruled irfadmissable. Witness was considerably ‘Qrool gathered.” Jim' Foster recalled by stater Hat taken’ from Well when’cleaned otrt after dat’ of fcllifig. .Gave hat to Lockett by brder’of Mr. Cham bliss; afterward gate’ k to’ Jeff. Got clean clothes for dead bodies; were not put down where could get bloody; next morning saw shirts and drawers taken from Capt. and Richard; were split open; sleeves, front feint legs of drawers. Cross! Pearl’s hands bloody; fair lize. Clean drawers for Richard j,taken from fresh- ironed clothes in Pearl’s room. Jim Foster recalled: Socks taken frodi well same tibie as hat; same &s in court. Cross: Bought socks taken from well; dirty, worn out at lieels and toes; like those in court. Defense objected to socks as evidence—overruled. Nat Birdsong; Bibb county jail er, called to the stand. The de fense objected to him and the jury sent out. The admissibility of the prososed testimony waS air- gued pro and con by counsel oii each side. The court reserved its decision until afternoon. Recess, to 2:30. AFTERNOON SESSION. At 2l85 court reconvened, and the jury again retired. Seteral witnesses for the defense were sworn and sent out-until called. Jailer BivdSbng stated what his testimony would be. The court ruled that witness was competent; and his testimony admissible. The jury was recalled. Birdsong testi fied in answer to the prosecution. He had charge of Tom Woolfolk in Bibb jail; asked him who would get his father’s property. He said: “My sifters will get the property, and at the proper time I’ll settle that question.’. 5 He said this at the cell door id jail. Described the jail. The other prisoners were separated by a wall from Tom’s cell. One night, after the trial and conviction, he went up to Tom’s cell as a precaution. Heard him say, as if in prayer: “Lord have mercy upon me for what I have done. The only thing I re gret is killing my father.” * Cross examination—He coni d have said something in prayer be fore I went up. Didn’t hear him. The jury tmsS again sent out. Gol. Rutherford asked if the witness had other prayers of the prisoner professing innocence, and asking forgiveness for those who unjustly acoused him: Witness answered fe§. After argument the court ruled this inadmissible, and the jury was called in. Recess taken to 4, by request of defense, as had not anticipated beginning this case until to morrow. First witness for defense called at 4:40. R. H. Baily testified; Saw drawers at Jerry Hollis’; drawers in court look like them; mutilated some. Didu’t see hand print, blood or brains as pointed out by Hollis. Stains looked like well mud. Drawers staid ten or fifteen days in plunder shed, where sever al men Kept clothes. One negro boy had suit there; Crqss examination elicited slight contradiction of testimony. HoJ - lis pointed tci left leg for hand print. Had gone to Rutherford’s room And reported some things' about testimony; Heard Hollis Say wouldn’t believe angels from heaven if they said Tom wasn’t guilty. Feeling toward Hollis not the best. Hollis owed him sever al hundred dollars fof work. Rebuttal; Witness dodged su- pcena. * Witness badgered by pfosecu- tiofi. Defense asked that state’s •fit nesses John Jeff, Dr. Holly and O’Connor be retained at court. Emma Jofnes testified; Remem bered when Woolfolk. family were killp.d. ' That night before day heard woman’s' voice, streaming; one about l5°years old. Screamed lohfg time, “Oh Lcrdy," Oh Lordy.” Heard dog barking like wanted to teaf something every minute, heard jumping qri ffoof, and chairs’ r didn’t bear, the cbws beD* lovfiir’g. Half fin. hour after she heard’ somebody talking in the 1 v SmStb’sf,* nearer s’tireffr Smith’s.; toward few minutes after everything at the house ceased! _ Cross- exam ; ne.d—Live half a mile from the Woolfolk house, oh the top of a hill. The noise didn’t wake me; was already awake. Ey t erythirig was .quiet at the house before I heard the calling. Lonanria Cooper’ lives half a mile from the Woolfolk house. The night of the killing heard the load screams of a woman; was at the house door; heard the dog barking: no other noise at that time. Then heard cows bellowing: After a while heard a mighty talk ing over dar; about half-hour. The dog barked like running about the yard after something; kept bark- iiig awhile; staid Awake; don’t kuow how long. Cross examina tion--Lib frontjof the de Wool- folk house, top of de hill; cows bellowed like dey does when you kill a beef; quiet at de house; be tween the screams arid talking, the dog barking all the time, talking was towards Green Lockett’s be tween my house aiid Wpolfolk house; screaming didn’t wake me; husband woke me to make a poqj- tice at2;15 o’clock by plantation time—same time as Foster’s. She was asked where did John Jeff say he was that night. Objected to by state’s counsel. Col Rutherford argued that Lhe question was^to connect John Jeff with the killing, to be shown by other witnesses, giving .threats, contradictory statements, etc. At six Capt. Rutherford said the heat oppressed him sd he couldn’t proceed. A refiess was" ordered to 8:30 to-morrow morning. FRIDAY MOBING. Court convened at 8:30, the jury not in, ai dr^iithent concerning ad- missability of testififeny was to be continued.. Capt. Rutherford stated that the defense proposed to connect John tjeff wiiliithe ifilliug, but in order to do so it was necessary to disclose his cofitradictory state ments as to his ■ whereabouts that night. Mr. Shi would thus testify; as well as to threats made against Capt. Woolfolk by Jeff. This proposition was argued £t length pro and coji by either side. During this Capt. Rutherford be came worried, and. refused-to be interrupted or interrogated By state’s counsel. The court ruled that facts con necting John 3 eff with the murder are admissable, but his confession, threats or sayings are not, until such facts are proven; he not being on trial; - This discussion was concluded at 8:45, and the jury was recalled. F. F. WalKef on the stand; Lives in Monroe county, 15 or 16 ndile’S from the . Woolfolk place. 1 Went there, several Weeks after the tragedy. John Jeff went into the house with Him; Jeff was ex cited, and seemed anxious to get away oat of the house, When we examined tilings' and began to question him. Shut door behind him when leaving Miss Pearl’s room; said he had some chickens to feed.' Court rnlpd following questions inadmissabla “ What did John Jeff say about footprints? “What did be Say about gun?” “Where did he say .he was that night?’® “When did he say be got back?” “What did he say ab’oht condi tion 4 qf house When he got hack?' “What fitfefit Whfit *hA would have done had he seen Tout with that axe?” What did he say about finding the people?” Cross examined: House cloSed; unoccupied. Foster Shi Testified: Lives in Monroe^OTaritjr} .Weht to Woolfolk place after murder; talked to John Jeff there; mentioned killing; uud Jeff was nerfdus, excited, John Jeff- told witness? “was' at church that night; took a : nap gfter got bkek; didn’t hear of killing Until an berff by sun; if had been there Wouldhafeb'eerf in it; if ainythSn'g’ of 1 1 TrFan F’A ■*-ritJri: 4 Cross elicited nothing material varies according to strength of except that Jeff was not more ner- the blood—the several shades oi • vous than witness was on stand.-* dirty brown. H. P. Cowan, administrator of, Dr. E. G. Ferguson testified to; Capt. Woolfolk’s estate: Saw John same, effect, but not at so great ! JefLaftei* killing; in Talking about length. it,he was excited; not greatly ner-! Boiled, down, this tefctiiiibny Vous. Questions same as asked amounts to; as the listeners took Walker. All ruled in admissable.! it in, that the more a man knows Cross: Jeff hasn’t lived on place j scientifically about blood, the less Since tragedy. Gave value of es tate; part of it claimed by others. S. S. Pennington called at 10:50, and jury stint* Out by request of Capt. Hardeman. He objected to evidence of witness if same As of fered and rejected at first trial. Court asked defense if witness is tendered to prove anything else thaii proposed at former trial Some discussion ensued, and the court ruled inadmiscabje admis sions, or threats, or sayings of a person not on trial, but sought to be implicated in crime. Jury recalled at 11:05. ; S. S. Pennington: Saw John Jeff at Bibb court house; he was nervous; tremulous, very much em barrassed. [Question as to what Jeff said to witness not allowed, as was another similar one.] Jeff helped carry . brazy,£wonted from Bibb jail to depot; first time saw hini. Id cross witness contradicted Capt. Haj’deman as to. circum stances of meeting with Jeff; brought out fact that witness is liable to mistake one person for another. When off stadd witness asked if he might go; declined by defense. . * Mason Davis: Known Bone Davis SO years £Iitdd 16 or 18 miles from him; general character of Bone Davis not good; wouldn’t believe him on oath. Cross: Haven’t been in his neighborhood in o jAafs; never had difficulty with him; swore against witness in a law suit in 1882, for ihfit reason wouldn’t be lieve him-on oath. Pt. H. Bailey on stand: Said he wouldn’t believe Bone Davis on oath; his general character had; considered a common liar. Cross: Had casp id court in which Davis wad indirectly op posed To him; not angry with "bini. L. M. Williams testified: Went to home of Bone Davis in March last; offered-my hand, and he said, “what the devil are you offering your paw to me for?” He carried us to stream where we saw tracks ol cart or buggy. He thotight some one wanted to harm him; showed tracks around house; said a white man shot at him as he rode through the woods; the mule threw him and he shot at the man. Said his mother caused trouble between him and His vfife, and*he sent her off. Cross examined: Bone Davis is non living with Ms wife. Know his general character,- tfifd would believe him on oath. I think he was mad with me. I am bailiff of the district and was then. Reuben Davis, bf other of Bone Davis, testified practically as Wil liams did; and said He tvodld be lieve Bone Davis on oath. .afternoon session, 2:30. Dr. H. McHation testified as a scientific expert. His evidence was lengthy; and he learnedly ex plained the scientific composition of blood. That blood corpuscles will not-remain intact more than’ 4 or 3 Hours after hating been submerged in water. After cor puscles' Harkt; coloring matffer of blood settles, and Stains would re main on a garment: Blood stains could be recognized try an ordina ry man as well as by an : expert. A clot of Brains taken from water could He distinguished 12 hours afterward; - Prof. P. J. M. Dal^; of Macon, testified practically as did Dr. McHatton as to component parts of blood, and the time blood cor puscles would remain efistinguish- able after being placed in water. Stains on a gar.ment drawn from a well couTd^not be positively recog-1 ^ nizecT as blood; mud would cause j erstii similar stains. It is accepted sci-! pi^Ls' i blood likely is he to tell positively what it is when he sees if. W. H. Bailey testified as did Williams concerning circuin.stan- stances at house of Bone Davis! And that he knew that Davis had gone to see Crawford Wilson about the threats Tom Woolfolk had niade. Crawford|Wilson-testified that he did not tell Bailey, I could re peat threats Tom had made to- Bone Davis. Bailey was recalled and said that Wilson repeated # to him -the threateimade tb Davis by Tom, against the family. Dr. C. A. Butner”was called, for the purpose of impeaching O’Con ner, but as O.’ Conner could not • be found for identification, he went down and another witness was called. Col. Fred Foster, of Madison, testified lhat Tom had refused to ask bis father to help pay a debt due by Tom to witness, as his fa ther had assisted him in tile past, ahil was not|!hbn in affluent cir cumstances- Charlie Harris, a fnegio, testi fied as to time of dragging well. On cross examination he said. “I sat down by Tom on the porch where he was lying down, early that morning; and askld how . so rriany come to be killed in the Captain’s Yooin.nHe said they he,ard his father groat:, and were killed as. they ran into his room; that.he jumped out of the window. I asked him why he didn’t get killed, but he didn’t say. I asked him' was killed in. the hall, he first said Ricliard, and that he picked him up and carried him into the room. Afterward he said Miss Pearl was killed in the hall, and that lie .picked her up, and that blood was all aroiind. Elam Evans testified to dress ing bodies, aMTo crowd around the well while being dragged. Heard several* persons say they couldsee something in the welL At 5:45 court adjourned to 8:30 Saturday morning.. (contiueH On Fh.Ybd ; page.) Absolutely Pur& Thispowder nevervaries. A marvel ol.pmiq strength and wholcaomenesa. More erouoiDlm thamhoordinary tinde, and cannot be Boldin competition with themnltitnde.pf.Iow ffest, short weight,alum and phosphate powders. Sold pnly in Cans. SoraL Basing Powbek Co , 106 Walnut street. K.Y. “There was a frog who lived in a spring; He caught such a cold that he coflld not sing.” . , Poor, unfortunate BatracHiah f In what a sad plight he must have beeii.' And yet his misfortune was one that often befalls emgefs.' Many a once tnnefnl voice Hrfio'ng those who. belong to the genus homo is Utterly spoiled by “cold iu the head” or on the lungs, or Both combined. For the above mentioned “croaker” we are not aware that any remedy was ever devised; but we rejoice to know that HI human felugers may keep their heads clear and throats in tune by a timely use of Dr. Sage's Sage’s Catarrh Remedy and Dr. Pierce's Golden Medical Discov ery, both - of ‘which' are. sold by druggists. A Bishop hag been found who defends boxing. The Bishop of Bedford, England, has jaisfc said:' “I can see no* possible harm in boxing. It is a capital exercise and caictflMed to, promote .good temper and ^elf-control: I do not ET./-.1& TT-llTT mmrtr man gHoSHl UOt kno# why every man . know how to defend himself.” Ex-Mayor Weaver,' of PitMi’ufg' Pehn.,' says thSre is no longer: any land id that city available for mam&actifrifig sites'. The lowest prices for la'hd suitable fof such uses is at least SIS',00'0‘ an a'cYe, and that is more .than' manufactur ers care to pay. . Happened af lot when h'e t wsf# at j entitle theory that kai Home he heard it, and went to' see J cauDot be distil' V A'about it; lot is back of H™™* > ma\ hlnnd rn n l CONSCMPTHP .SUHELY i jhe Kditok— i *-*- tli;it,J.lo*?*a I - ~ • - ve;l Our Fdvoriie Singer. Drop Leaf, Fancy Cover,.Ssarsre Drawer*, Klekel'BlQffs, Tncker, J&ufllHr, Binder, Sour Wldthe oTHemmera. • b 9 CO-OPERATIVE SEWING f.USHlSE COMPANY, ee» 8. ilth St.. FhtladelDbla. P«- 00 013 3$ Las been received, eorisisfing of , Dry Goods, Notipng; Shoes, jHati . Crockery,’ Tinware,' etc. EoWler’s Ely fans; Hi dUHM low down for cash. my Stock of goooerieS iscomi>lete,'.anA ; i -o^ot satisfy .all customers in < ID 3=11ST - . PEKftY, GEORGIA. Office over Paul’s T First-clas.s work. IriceB Uidderate.f \ ronage solicited. in time of need; When a man is drowning- he will grasp at : straws win save him. Extend to lifeboat and his rescue is certain.. . .^-..3 -. Mr. James KLGreer, of Athens, Ga-^^orsfaiby the editor of the /{hens' Bartr.er-Watchman) makes the following statement: . . ; ‘ ‘*1 am first cpiisln oT the l^e Ex-C ander H. Stephens, and have been postal c different railroads since 1868. For ten years, _ i - - • been a sufferer from a cancer o CANCER rtjWwT.fcE.gte* —- twtii the discharge of matter beams profu: very offensive. 1 became thoroughly disgusted with blood purifiers and pronounced them humbugs, a3 ‘ ' ' ■ I had tried many without relief. . Finally I wasinauced to use Botanic (B- B. B.) The offensive discharge once and thehafdriess disappeared. It and lesj fft'size until nothing rema.ia except a scar ! I gained flesh and strength, and all_ who have seed me bear testimony. /cannot say too much in its 1 sliali be f { sumption if