Trial of A J Patrick, Morgan Petty and James Epps

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“WILL BE TRIED NOW.”
 
“WILL BE TRIED NOW.”
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“Continuance Refused in the Conspiracy Case.”
 
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“Ten Jurors Have so Far Been Selected.”
 
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“Both Sides Exhaust Their Challenging Right.”
 
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==Continuance Refused in the Conspiracy Case==
 
“The United States Circuit, Court-room was crowded yesterday afternoon at 2 o’clock when Marshal Harrison convened (sic) the court.  Judge Taft (see note below) presided.
 
“The United States Circuit, Court-room was crowded yesterday afternoon at 2 o’clock when Marshal Harrison convened (sic) the court.  Judge Taft (see note below) presided.
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“In the prisoners’ dock sat the defendants, A. J. Patrick, Morgan Petty and James Epps.  For six months they have languished in the Davidson County jail and the confinement has told on their faces.  Patrick’s face still retains a flush, which is rather hectic, however, but Petty’s skin is chalky-white and in marked contrast to his coal-black hair and moustache (sic).  Epps’ eyes look sunken and his skin clammy.
 
“In the prisoners’ dock sat the defendants, A. J. Patrick, Morgan Petty and James Epps.  For six months they have languished in the Davidson County jail and the confinement has told on their faces.  Patrick’s face still retains a flush, which is rather hectic, however, but Petty’s skin is chalky-white and in marked contrast to his coal-black hair and moustache (sic).  Epps’ eyes look sunken and his skin clammy.
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“The contrast between the appearance of the men is something remarkable.  Patrick is between 30 and 85 years old, and has a handsome, intelligent face.  He is a large land owner and his alleged accomplices were hands employed on his farm.  Petty looks to be near Patrick’s age, but his forehead is low, his eyes are close together, and his countenance lacks the light of intelligence. Epps is past the prime of life by a decade, as is evidenced by his bald head, gray hair and moustache.  He has a thoroughly responsible look.
 
“The contrast between the appearance of the men is something remarkable.  Patrick is between 30 and 85 years old, and has a handsome, intelligent face.  He is a large land owner and his alleged accomplices were hands employed on his farm.  Petty looks to be near Patrick’s age, but his forehead is low, his eyes are close together, and his countenance lacks the light of intelligence. Epps is past the prime of life by a decade, as is evidenced by his bald head, gray hair and moustache.  He has a thoroughly responsible look.
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“As to the outcome of the case Patrick displays the greatest concern, because, perhaps, his superior intelligence tells him more clearly the enormity of the crime with which he stands charged.
 
“As to the outcome of the case Patrick displays the greatest concern, because, perhaps, his superior intelligence tells him more clearly the enormity of the crime with which he stands charged.
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“At the opening of court the calling of witnesses was begun and nearly one hundred responded to their names.  Among this number were some ten or fifteen women.  The court-room at the far end of the corridor was transformed into a nursery so that the proceedings of the court might not be interrupted by infantile cries.
 
“At the opening of court the calling of witnesses was begun and nearly one hundred responded to their names.  Among this number were some ten or fifteen women.  The court-room at the far end of the corridor was transformed into a nursery so that the proceedings of the court might not be interrupted by infantile cries.
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“At the conclusion of the call of witnesses Col. J. H. Holman, for the defense, entered a motion for continuance until the next term of court.  Reading from a type-written affidavit he set forth his claims.
 
“At the conclusion of the call of witnesses Col. J. H. Holman, for the defense, entered a motion for continuance until the next term of court.  Reading from a type-written affidavit he set forth his claims.
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“Several of the most important witnesses for the defense were not present, the paper recited.  One of these, named Stubblefield, was not here, he said, because the revenue officers had refused to serve the subpoena.  This witness heard the shots fired.
 
“Several of the most important witnesses for the defense were not present, the paper recited.  One of these, named Stubblefield, was not here, he said, because the revenue officers had refused to serve the subpoena.  This witness heard the shots fired.
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“Furthermore defendants had been in jail several months and had been unable to assist counsel in preparing testimony or formulating a defense.
 
“Furthermore defendants had been in jail several months and had been unable to assist counsel in preparing testimony or formulating a defense.
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“On the other hand they had no idea what the government was going to prove nor had they been furnished with a list of the prosecutor’s witnesses until a few days ago and then said witnesses refused to talk, saying they were acting under instructions.
 
“On the other hand they had no idea what the government was going to prove nor had they been furnished with a list of the prosecutor’s witnesses until a few days ago and then said witnesses refused to talk, saying they were acting under instructions.
  
NOTE:  William Howard Taft served as federal circuit judge of the Sixth Circuit Court from 1892 to 1900.  He was civil governor of  the Philippines from 1901 to 1904.  He was elected 27th President of the United States in 1908.  In 1921, he was appointed Chief Justice of the Supreme Court.
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[NOTE:  William Howard Taft served as federal circuit judge of the Sixth Circuit Court from 1892 to 1900.  He was civil governor of  the Philippines from 1901 to 1904.  He was elected 27th President of the United States in 1908.  In 1921, he was appointed Chief Justice of the Supreme Court.]
 
 
 
“In answer to questions from the Judge, Col. Holman stated that the Deputy Sheriff, in whose hands the subpoena had been placed, instead of serving it arrested Stubblefield on a charge of carrying concealed weapon and placed him in the Lincoln County jail.
 
“In answer to questions from the Judge, Col. Holman stated that the Deputy Sheriff, in whose hands the subpoena had been placed, instead of serving it arrested Stubblefield on a charge of carrying concealed weapon and placed him in the Lincoln County jail.
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“In addition to this, counsel went on to say, the call had discovered the absence of several other important witnesses for defendants, five in all, upon whom subpoenas had been served.”
 
“In addition to this, counsel went on to say, the call had discovered the absence of several other important witnesses for defendants, five in all, upon whom subpoenas had been served.”
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“Judge Taft, at the conclusion of the argument, said that he would overrule the motion for continuance, but ordered the five witnesses mentioned brought to the city at the expense of the government.  One of the number resides in Alabama.
 
“Judge Taft, at the conclusion of the argument, said that he would overrule the motion for continuance, but ordered the five witnesses mentioned brought to the city at the expense of the government.  One of the number resides in Alabama.
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“The tedious work of selecting a jury was then begun.  There were fifty-five names on the list who had been summoned for jury service, and each side was allowed to challenge twenty men apiece.
 
“The tedious work of selecting a jury was then begun.  There were fifty-five names on the list who had been summoned for jury service, and each side was allowed to challenge twenty men apiece.
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“About two hours’ work resulted in the selection of six jurymen to the satisfaction of both sides.  These were:  D. C. Oliver, Davenport; D. M. Eddington, Nashville; P. L. Nichol, Davidson County; S. H. Dunn, Kingston Springs; R. Thornton, Antioch; and T. W. Fulghum, Burns.
 
“About two hours’ work resulted in the selection of six jurymen to the satisfaction of both sides.  These were:  D. C. Oliver, Davenport; D. M. Eddington, Nashville; P. L. Nichol, Davidson County; S. H. Dunn, Kingston Springs; R. Thornton, Antioch; and T. W. Fulghum, Burns.
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“At 5 o’clock the Judge declared the court adjourned.
 
“At 5 o’clock the Judge declared the court adjourned.
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“Judge Taft, at the suggestion of District Attorney Ruhm, ordered one of the large spare rooms at the custom-house fitted up for occupancy by the jury at night.”
 
“Judge Taft, at the suggestion of District Attorney Ruhm, ordered one of the large spare rooms at the custom-house fitted up for occupancy by the jury at night.”
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“To-day’s Proceedings.
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==Ten Jurors Have so Far Been Selected.==
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“Court convened again at 9 o’clock this morning and the work of choosing a jury was continued.  As a result of the morning’s work five more men are now in the jury-room.  They are Robert Scales, Nashville; W. L. Johnson, Peytonsville; Anson B. Hill, Walling; J. A. Richardson, Pulaski; and J. R. Adair, Centreville.  The government consumed their challenging privilege some time before the end of the panel was reached, but the defense exercised their last right on the last man examined.
 
“Court convened again at 9 o’clock this morning and the work of choosing a jury was continued.  As a result of the morning’s work five more men are now in the jury-room.  They are Robert Scales, Nashville; W. L. Johnson, Peytonsville; Anson B. Hill, Walling; J. A. Richardson, Pulaski; and J. R. Adair, Centreville.  The government consumed their challenging privilege some time before the end of the panel was reached, but the defense exercised their last right on the last man examined.
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“When the end of the panel was reached there had been but eleven jurors qualified.  Marshal Harrison directed Deputy Stong to summon more jurors, but the defense objected on the ground that Stong had been particularly active in making up the government’s side of the case, and might exhibit partiality in his choice.  Without reflecting on the Marshal or his deputies, Judge Taft thought the fairest way was to allow the objection.  Consequently, he ordered the clerk to write out the names of six men whom the deputies could summon as jurors.  This was done, and a lull ensued.
 
“When the end of the panel was reached there had been but eleven jurors qualified.  Marshal Harrison directed Deputy Stong to summon more jurors, but the defense objected on the ground that Stong had been particularly active in making up the government’s side of the case, and might exhibit partiality in his choice.  Without reflecting on the Marshal or his deputies, Judge Taft thought the fairest way was to allow the objection.  Consequently, he ordered the clerk to write out the names of six men whom the deputies could summon as jurors.  This was done, and a lull ensued.
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“Presently Mr. P. L. Nichol, who was placed on the jury, arose in his seat and, addressing the Court, asked to be excused from service.  He said that he didn’t think his state of mind was such that he could do justice to the defendants in bringing in a verdict.  His health would not stand the strain of confinement and it would be disastrous to his business interest.
 
“Presently Mr. P. L. Nichol, who was placed on the jury, arose in his seat and, addressing the Court, asked to be excused from service.  He said that he didn’t think his state of mind was such that he could do justice to the defendants in bringing in a verdict.  His health would not stand the strain of confinement and it would be disastrous to his business interest.
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“The rest of the jury was ordered to retire by the Court while counsel for the defense closely examined and cross-examined Mr. Nichol.  The Court finally excused him from jury service for cause.
 
“The rest of the jury was ordered to retire by the Court while counsel for the defense closely examined and cross-examined Mr. Nichol.  The Court finally excused him from jury service for cause.
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“Three of the tailsmen ordered summoned by the clerk then appeared in court and the examination was continued.
 
“Three of the tailsmen ordered summoned by the clerk then appeared in court and the examination was continued.
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“Mr. John Demoville was the first one of these put to the test.  He escaped service on the grounds that he was not a householder and had made himself imcompetent (sic) by expressing an opinion on the case.
 
“Mr. John Demoville was the first one of these put to the test.  He escaped service on the grounds that he was not a householder and had made himself imcompetent (sic) by expressing an opinion on the case.
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“Mr. C. A. R. Thompson was taken up next and excused on his claiming exemption for age.
 
“Mr. C. A. R. Thompson was taken up next and excused on his claiming exemption for age.
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“Mr. Geo. O’Bryan did not fare so well.  He was declared a competent juror, but he entered a plea for excuse on the grounds of business demands.  The Court reserved decision until 2 o’clock.
 
“Mr. Geo. O’Bryan did not fare so well.  He was declared a competent juror, but he entered a plea for excuse on the grounds of business demands.  The Court reserved decision until 2 o’clock.
“Judge Taft then ordered the clerk to prepare ten more names to be summoned and ordered a recess until 2 o’clock.”
 
  
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“Judge Taft then ordered the clerk to prepare ten more names to be summoned and ordered a recess until 2 o’clock.”
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“NASHVILLE BANNER”
 
“NASHVILLE BANNER”
 
“Wednesday Evening, May 24, 1893”
 
“Wednesday Evening, May 24, 1893”
  
 
“THE FEDERAL COURT”
 
“THE FEDERAL COURT”
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“The Trial of the Conspiracy Case in Progress.
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==The Trial of the Conspiracy Case in Progress.==
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“Several Witnesses Were Examined This Morning.”
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“Testimony in Regard to the Lincoln County Killing.”
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“The jury was completed yesterday afternoon in the government case against Patrick, Epps and Petty by the selection of Messrs. George O’Bryan and W. A. Wray to fill the vacancies.  Both asked to be excused, but Judge Taft overruled their claim, stating that he was sorry to keep them from their business, but he thought it his duty to keep them.
 
“The jury was completed yesterday afternoon in the government case against Patrick, Epps and Petty by the selection of Messrs. George O’Bryan and W. A. Wray to fill the vacancies.  Both asked to be excused, but Judge Taft overruled their claim, stating that he was sorry to keep them from their business, but he thought it his duty to keep them.
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“Assistant District Attorney Lee Brock then read the official indictments in the case, the defendants standing meanwhile and listening with intense interest.
 
“Assistant District Attorney Lee Brock then read the official indictments in the case, the defendants standing meanwhile and listening with intense interest.
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“Judge Taft then put the question to each defendant separately and each responded in full clear voice, ‘Not Guilty.’  Epps’ reply was in a cracked voice, though evidently from age and not fear or excitement.  The question included all the counts in the indictment.
 
“Judge Taft then put the question to each defendant separately and each responded in full clear voice, ‘Not Guilty.’  Epps’ reply was in a cracked voice, though evidently from age and not fear or excitement.  The question included all the counts in the indictment.
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“The jury then stood up in their seats and were sworn in in (sic) the case by Clerk H. M. Doak.
 
“The jury then stood up in their seats and were sworn in in (sic) the case by Clerk H. M. Doak.
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“Deputy Clerk E. L. Doak then called the names of all the witnesses in the case and they lined themselves up in the corner of the room.  There were over a hundred of them, including a dozen women.  All together they held up their hands and swore to tell ‘the truth, the whole truth and nothing but the truth.’
 
“Deputy Clerk E. L. Doak then called the names of all the witnesses in the case and they lined themselves up in the corner of the room.  There were over a hundred of them, including a dozen women.  All together they held up their hands and swore to tell ‘the truth, the whole truth and nothing but the truth.’
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“The Court then ordered all the witnesses to retire from the court-room, and warned them to converse with no one but the counsel in the case in regard to the merits or demerits of the claims of either side.
 
“The Court then ordered all the witnesses to retire from the court-room, and warned them to converse with no one but the counsel in the case in regard to the merits or demerits of the claims of either side.
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“Counsel for both sides waived the right to make a statement of the case, and the trial was ordered begun.
 
“Counsel for both sides waived the right to make a statement of the case, and the trial was ordered begun.
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==Several Witnesses Were Examined This Morning.==
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“The first witness for the prosecutions was E. A. Norvell.  He stated that he was a United States Deputy Internal Revenue Collector.  He never knew T. E. Patrick (Thomas Eliphas Patrick).  He produced papers in proof of his statement that on and before October 7 last (1892) S. D. Mather was a Deputy Collector, and that Jos. L. Spurrier and Creed S. Cardwell were General Deputy Collectors.  He identified a report of a seizure of brandy manufactured by T. E. and A. J. Patrick made by J. L. Spurrier under date of August 22, 1892.  He identified other papers of a similar nature which the prosecution will produce as evidence at a future date.  The three officers above mentioned and T. E. Patrick were now dead.
 
“The first witness for the prosecutions was E. A. Norvell.  He stated that he was a United States Deputy Internal Revenue Collector.  He never knew T. E. Patrick (Thomas Eliphas Patrick).  He produced papers in proof of his statement that on and before October 7 last (1892) S. D. Mather was a Deputy Collector, and that Jos. L. Spurrier and Creed S. Cardwell were General Deputy Collectors.  He identified a report of a seizure of brandy manufactured by T. E. and A. J. Patrick made by J. L. Spurrier under date of August 22, 1892.  He identified other papers of a similar nature which the prosecution will produce as evidence at a future date.  The three officers above mentioned and T. E. Patrick were now dead.
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“The jury was ordered to retire while the competency of the dying statement of J. L. Spurrier was argued.
 
“The jury was ordered to retire while the competency of the dying statement of J. L. Spurrier was argued.
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“Dr. T. P. Crutcher was placed on the stand.  He stated that he attended Spurrier during his last illness.  He told Spurrier that he could not live, and at the latter’s request sent for the Federal Grand Jury in order that he might make a statement before them.  On his last day on earth Spurrier reiterated the statement made before the Grand Jury, to the effect that he recognized beyond doubt one of the men who formed the ambush in which he received his death wound.  He made this statement knowing to a certainty that his end was near and after he had told his family good-bye.
 
“Dr. T. P. Crutcher was placed on the stand.  He stated that he attended Spurrier during his last illness.  He told Spurrier that he could not live, and at the latter’s request sent for the Federal Grand Jury in order that he might make a statement before them.  On his last day on earth Spurrier reiterated the statement made before the Grand Jury, to the effect that he recognized beyond doubt one of the men who formed the ambush in which he received his death wound.  He made this statement knowing to a certainty that his end was near and after he had told his family good-bye.
“The Court saw no reason why the jury should not hear the evidence and ordered them to return.
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“The Court saw no reason why the jury should not hear the evidence and ordered them to return.
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“Witness then went into an explanation of the wound, and said that the patient was in clear mind all the time after his wound was received.
 
“Witness then went into an explanation of the wound, and said that the patient was in clear mind all the time after his wound was received.
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“At this point the defense undertook to prove that a dying statement was incompetent evidence in this case, when the charge was not that of murder, but conspiracy against the government.  The Court overruled the objection.
 
“At this point the defense undertook to prove that a dying statement was incompetent evidence in this case, when the charge was not that of murder, but conspiracy against the government.  The Court overruled the objection.
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“Witness continuing said that Spurrier had told him that he recognized Andrew Patrick as one of his assailants and saw another man, but could not determine whether he was a man named Cooper or James Epps, as both live in the community and very much resemble each other.
 
“Witness continuing said that Spurrier had told him that he recognized Andrew Patrick as one of his assailants and saw another man, but could not determine whether he was a man named Cooper or James Epps, as both live in the community and very much resemble each other.
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“In the cross-examination defense undertook to prove that Spurrier did not think he would die when he made the statement.  Witness stood by his original statement in the main.
 
“In the cross-examination defense undertook to prove that Spurrier did not think he would die when he made the statement.  Witness stood by his original statement in the main.
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“J. E. Jones was the nest witness.  He said that he was foreman of the Grand Jnry (sic) that visited Spurrier and that they took a stenographer with them.  He thought Spurrier was a very sick man at the time, but his mind was perfectly clear.
 
“J. E. Jones was the nest witness.  He said that he was foreman of the Grand Jnry (sic) that visited Spurrier and that they took a stenographer with them.  He thought Spurrier was a very sick man at the time, but his mind was perfectly clear.
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“J. P. Galloway said that he was stenographer for the Grand Jury and he identified the statement under discussion as the one taken by him.  He said that it was absolutely correct.
 
“J. P. Galloway said that he was stenographer for the Grand Jury and he identified the statement under discussion as the one taken by him.  He said that it was absolutely correct.
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“Peter Tamble and John C. New, both members of the Grand Jury that waited on Spurrier, were placed on the stand and substantiated the statements already made.
 
“Peter Tamble and John C. New, both members of the Grand Jury that waited on Spurrier, were placed on the stand and substantiated the statements already made.
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“After argument by the defense Judge Taft, in a rather lengthy but concise opinion, decided that the statement of Spurrier was both relevant and competent.
 
“After argument by the defense Judge Taft, in a rather lengthy but concise opinion, decided that the statement of Spurrier was both relevant and competent.
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“Court adjourned at 5:30 o’clock.
 
“Court adjourned at 5:30 o’clock.
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==Testimony in Regard to the Lincoln County Killing==
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“The evidence in the conspiracy case grew more interesting this morning, the matter of the decoy letter and the actual scene of the killing being discussed.  Court met at 9 o’clock and did not take a recess until 1 o’clock.
 
“The evidence in the conspiracy case grew more interesting this morning, the matter of the decoy letter and the actual scene of the killing being discussed.  Court met at 9 o’clock and did not take a recess until 1 o’clock.
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“John C. New was the first witness.  He was a member of the Grand Jury that visited Spurrier.  He said that Spurrier said that he saw Andrew Patrick behind the log, and either Epps or Cooper, but he didn't know which.
 
“John C. New was the first witness.  He was a member of the Grand Jury that visited Spurrier.  He said that Spurrier said that he saw Andrew Patrick behind the log, and either Epps or Cooper, but he didn't know which.
“Defense brought out the point that these statements were made in answer to questions but by those present.  This statement was taken about a week after court met, and some time before Spurrier died.
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“Defense brought out the point that these statements were made in answer to questions put by those present.  This statement was taken about a week after court met, and some time before Spurrier died.
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“J. P. Galloway was placed on the stand next.  At the time the statement was made Spurrier said that Cardwell, Mather, Pulver, Harris and Robertson were with him on the trip.  The party was riding along by a wood in Lincoln County when they were suddenly fired upon.
 
“J. P. Galloway was placed on the stand next.  At the time the statement was made Spurrier said that Cardwell, Mather, Pulver, Harris and Robertson were with him on the trip.  The party was riding along by a wood in Lincoln County when they were suddenly fired upon.
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“Mr. Galloway was asked to refer to his notes taken at the time.  Defense objected and a debate followed on the competency of stenographic reports.  Both sides produced evidence and precedent in support of their argument.  Court allowed witness to use his notes to refresh his memory, but would not allow the notes themselves as evidence.  In this way witness remembered that Spurrier said he recognized A. J. Patrick and either Cooper or Epps.  He didn’t know which.  He said that his wound was received at a point about nine miles from Fayetteville.  He went there to answer the two letters which he had received.  Witness then identified two letters presented by the prosecution as those referred to by Spurrier.  The shooting happened on the 7th of October last.
 
“Mr. Galloway was asked to refer to his notes taken at the time.  Defense objected and a debate followed on the competency of stenographic reports.  Both sides produced evidence and precedent in support of their argument.  Court allowed witness to use his notes to refresh his memory, but would not allow the notes themselves as evidence.  In this way witness remembered that Spurrier said he recognized A. J. Patrick and either Cooper or Epps.  He didn’t know which.  He said that his wound was received at a point about nine miles from Fayetteville.  He went there to answer the two letters which he had received.  Witness then identified two letters presented by the prosecution as those referred to by Spurrier.  The shooting happened on the 7th of October last.
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“The cross-examination developed that witness only used his notes to recall circumstances which were then easily remembered.  Independently of the notes he could not have remembered Epps’ first name nor the distance from Fayetteville.  This paper he said was a literal transcript of his short hand notes taken at the time.
 
“The cross-examination developed that witness only used his notes to recall circumstances which were then easily remembered.  Independently of the notes he could not have remembered Epps’ first name nor the distance from Fayetteville.  This paper he said was a literal transcript of his short hand notes taken at the time.
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“W. N. Sloan, the next witness, said that he was a member of the Grand Jury that visited Spurrier.  The Court decided that it was not necessary to hear further testimony on this point.
 
“W. N. Sloan, the next witness, said that he was a member of the Grand Jury that visited Spurrier.  The Court decided that it was not necessary to hear further testimony on this point.
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“George Winters was called.  He lives at Belvidere, Franklin County.  Knew Capt. Mather, who died on October 7, last.  Saw his remains at Belvidere the day he was killed and helped to wash the body.  There were about nine shots in the upper part of his body evidently from a shotgun.  Saw a shot taken from his body and took a record of the location of the shots at the time.
 
“George Winters was called.  He lives at Belvidere, Franklin County.  Knew Capt. Mather, who died on October 7, last.  Saw his remains at Belvidere the day he was killed and helped to wash the body.  There were about nine shots in the upper part of his body evidently from a shotgun.  Saw a shot taken from his body and took a record of the location of the shots at the time.
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“W. O. Campbell said that he examined the remains of Mr. Cardwell.  Met the train at Nashville and went with the remains to an undertaker’s on the day the shooting occurred.  There were twenty-one wounds, mostly in the back and right side, each about the size of a lead pencil.
 
“W. O. Campbell said that he examined the remains of Mr. Cardwell.  Met the train at Nashville and went with the remains to an undertaker’s on the day the shooting occurred.  There were twenty-one wounds, mostly in the back and right side, each about the size of a lead pencil.
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“J. M. Puckett said that he was at Flintville on October 7.  Met the wounded party as they came in.  Cardwell died about 3:30 o’clock.  Mathes (sic) was brought in dead.  Both bodies were put on the train, as was also Mr. Spurrier, and witness came to Nashville with them.  Witness identified a coat, pistol and cartridges belong to Mr. Cardwell.  The pistol had not been fired when he got it.
 
“J. M. Puckett said that he was at Flintville on October 7.  Met the wounded party as they came in.  Cardwell died about 3:30 o’clock.  Mathes (sic) was brought in dead.  Both bodies were put on the train, as was also Mr. Spurrier, and witness came to Nashville with them.  Witness identified a coat, pistol and cartridges belong to Mr. Cardwell.  The pistol had not been fired when he got it.
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“E. S. Robertson said that he was a Deputy Marshal.  On October 7 last he was in Lincoln County with a party searching for wildcat whisky.  He went at Spurrier’s request.  They stayed at the house of Commissioner Harris, near Flintville, on the night of October 6.  Was present when Mather, Spurrier and Cardwell were shot.  A letter directed to Spurrier was the cause of their going.  Spurrier had it with him.  Witness identified a paper presented by the prosecution as the letter in question.
 
“E. S. Robertson said that he was a Deputy Marshal.  On October 7 last he was in Lincoln County with a party searching for wildcat whisky.  He went at Spurrier’s request.  They stayed at the house of Commissioner Harris, near Flintville, on the night of October 6.  Was present when Mather, Spurrier and Cardwell were shot.  A letter directed to Spurrier was the cause of their going.  Spurrier had it with him.  Witness identified a paper presented by the prosecution as the letter in question.
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“The spot of the killing was eight miles from Harris’ house.  Harris’ son guided the party.  Mather and Spurrier were in front, Caldwell and Pulver in the middle and witness and Harris behind.
 
“The spot of the killing was eight miles from Harris’ house.  Harris’ son guided the party.  Mather and Spurrier were in front, Caldwell and Pulver in the middle and witness and Harris behind.
 +
 
“The first two was six or seven feet ahead of the second two.  The last pair were twenty-five or thirty yards behind the next two.  As they were riding along first there was a single shot and then a volley.  At the first shot Mather and Pulver Fell.  At the second volley Spurrier and Cardwell fell.  Witness kept on and four or five men arose from behind a log and began to shoot pistols.  Witness shot and two, three or four men ran.  Witness advanced, got behind a tree, and a man raised from behind the log and witness shot at him and he fell.  Harris then came behind witness’ tree and they consulted ten os (sic—or) fifteen minutes.  Finally witness started on a run with a pistol in his hand and met a man named McClellan with a wagon-load of apples.  Witness sent him down where the wounded men were.  Witness came down later, looked behind the log and saw a man, two guns and a pistol lying there.  The man was resting on his knees, face down.  The pistol was loaded, but had not been fired.  Eleven cartridges were found in the Winchester rifle.  There was also an empty shell in the rifle.  Two empty shells were in the shotgun.  Four loaded shells were lying near by.  The shells contained twenty-three buckshot and a heavy charge of powder.  Witness didn’t know the dead man behind the log.  I went to the wounded and staid (sic) with them about an hour.  Pulver was not present, but Harris was.  Saw him (Harris) cross the log and begin to shoot.  The log was a chestnut tree blown down and was fourteen or fifteen feet from the road.  A boy came along the road and witness sent him off to Flintville with a telegram.  McClelland returned with a wagon about this time and Harris with water.  The three loaded the men in and started to town about two hours after the first shooting.  The first four officers did not fire a shot.  The party met Pulver, a justice of the peace, and about forty people on the road to Flintville about twenty minutes after leaving the shooting ground.  The crowd wanted to hold an inquest, but the party drove on to Flintville.
 
“The first two was six or seven feet ahead of the second two.  The last pair were twenty-five or thirty yards behind the next two.  As they were riding along first there was a single shot and then a volley.  At the first shot Mather and Pulver Fell.  At the second volley Spurrier and Cardwell fell.  Witness kept on and four or five men arose from behind a log and began to shoot pistols.  Witness shot and two, three or four men ran.  Witness advanced, got behind a tree, and a man raised from behind the log and witness shot at him and he fell.  Harris then came behind witness’ tree and they consulted ten os (sic—or) fifteen minutes.  Finally witness started on a run with a pistol in his hand and met a man named McClellan with a wagon-load of apples.  Witness sent him down where the wounded men were.  Witness came down later, looked behind the log and saw a man, two guns and a pistol lying there.  The man was resting on his knees, face down.  The pistol was loaded, but had not been fired.  Eleven cartridges were found in the Winchester rifle.  There was also an empty shell in the rifle.  Two empty shells were in the shotgun.  Four loaded shells were lying near by.  The shells contained twenty-three buckshot and a heavy charge of powder.  Witness didn’t know the dead man behind the log.  I went to the wounded and staid (sic) with them about an hour.  Pulver was not present, but Harris was.  Saw him (Harris) cross the log and begin to shoot.  The log was a chestnut tree blown down and was fourteen or fifteen feet from the road.  A boy came along the road and witness sent him off to Flintville with a telegram.  McClelland returned with a wagon about this time and Harris with water.  The three loaded the men in and started to town about two hours after the first shooting.  The first four officers did not fire a shot.  The party met Pulver, a justice of the peace, and about forty people on the road to Flintville about twenty minutes after leaving the shooting ground.  The crowd wanted to hold an inquest, but the party drove on to Flintville.
 +
 
“The court refused to allow the introduction of the decoy letter at his point until the direction set forth in the letter was proven to be the same as that taken by the party.  Robertson did not know this country well enough to prove this.  Witness continuing said that the party left Harris’ early in the morning and passed several people on the way.  They went slowly and arrived at the fatal spot, between 8 and 9 o’clock.  About quarter of a mile from the scene the party stopped and took a drink of whisky.  At this time witness heard a limb break up on the side of the road.
 
“The court refused to allow the introduction of the decoy letter at his point until the direction set forth in the letter was proven to be the same as that taken by the party.  Robertson did not know this country well enough to prove this.  Witness continuing said that the party left Harris’ early in the morning and passed several people on the way.  They went slowly and arrived at the fatal spot, between 8 and 9 o’clock.  About quarter of a mile from the scene the party stopped and took a drink of whisky.  At this time witness heard a limb break up on the side of the road.
 +
 
“Cross examination — The party took three pints of whisky along but only took one drink on the road.  Witness saw the man who fired the first shot.  He had a mask on.  The dead man had a mask on also.  It was pulled off by one of the officers.  All the men witness saw had masks on, tied around the lower part of the nose.  It was impossible to describe the appearance of the men that ran away.  The first shot came from a double-barreled shot gun.
 
“Cross examination — The party took three pints of whisky along but only took one drink on the road.  Witness saw the man who fired the first shot.  He had a mask on.  The dead man had a mask on also.  It was pulled off by one of the officers.  All the men witness saw had masks on, tied around the lower part of the nose.  It was impossible to describe the appearance of the men that ran away.  The first shot came from a double-barreled shot gun.
 +
 
“‘Don’t you know, Mr. Robertson, that you took a blunt instrument and hit the man behind the log in the head?’
 
“‘Don’t you know, Mr. Robertson, that you took a blunt instrument and hit the man behind the log in the head?’
 +
 
“‘I did not, most emphatically.’
 
“‘I did not, most emphatically.’
 +
 
“‘Did anyone of your party do so?’
 
“‘Did anyone of your party do so?’
 +
 
“‘No.’
 
“‘No.’
 +
 
“‘Did you draw a gun on the Coroner?’
 
“‘Did you draw a gun on the Coroner?’
 +
 
“‘I did not.’
 
“‘I did not.’
 +
 
“‘Did you refuse to allow them to hold an inquest over the body of Mather?’
 
“‘Did you refuse to allow them to hold an inquest over the body of Mather?’
 +
 
“‘I did because the men needed medical aid.  I told them that if they were hurting to hold an inquest they could to up the road and they would find a dead man behind a log.’
 
“‘I did because the men needed medical aid.  I told them that if they were hurting to hold an inquest they could to up the road and they would find a dead man behind a log.’
 +
 
“‘On the day of the shooting at Flintville did you say in the presence of W. E. Cunningham that if the shell hadn’t hung in the gun the man would have killed all of you?’
 
“‘On the day of the shooting at Flintville did you say in the presence of W. E. Cunningham that if the shell hadn’t hung in the gun the man would have killed all of you?’
 +
 
“‘I did not, nor did I say the ‘damned rascrl (sic)’ had a gun broke ready to load again.  I only shot twice.  Once the men away and next time one fell down behind the log.’
 
“‘I did not, nor did I say the ‘damned rascrl (sic)’ had a gun broke ready to load again.  I only shot twice.  Once the men away and next time one fell down behind the log.’
 +
 
“‘Did you put Andrew Patrick in jail and say you wounded one of the men that ran awap (sic—away)?’
 
“‘Did you put Andrew Patrick in jail and say you wounded one of the men that ran awap (sic—away)?’
 +
 
“‘No, Sir,’
 
“‘No, Sir,’
 +
 
“‘Did you say that the dead body was that of Dock Cooley, or you didn’t know who it was, in the presence of Will Cunningham?’
 
“‘Did you say that the dead body was that of Dock Cooley, or you didn’t know who it was, in the presence of Will Cunningham?’
 +
 
“‘I have not.  I went up to him and stretched him out.’
 
“‘I have not.  I went up to him and stretched him out.’
 +
 
“‘Did you take or see taken from him some $53 in money?’
 
“‘Did you take or see taken from him some $53 in money?’
 +
 
“‘I did not, most emphatically.’
 
“‘I did not, most emphatically.’
 +
 
“‘We had all taken drinks except Capt. Mather.  We sang along the road, but did not yell or make much noise.  We discussed the matter of drawing straws as to who should lead but did dot (sic) do so.  The others did not think there was any danger.  I did not know any of the parties who came with the Coroner.  I did not see the crowd until after I saw Pulver.’
 
“‘We had all taken drinks except Capt. Mather.  We sang along the road, but did not yell or make much noise.  We discussed the matter of drawing straws as to who should lead but did dot (sic) do so.  The others did not think there was any danger.  I did not know any of the parties who came with the Coroner.  I did not see the crowd until after I saw Pulver.’
“At this point recess was taken until 2 o’clock, when the cross-examination will be continued by Col. Holman.”
 
  
 +
“At this point recess was taken until 2 o’clock, when the cross-examination will be continued by Col. Holman.”
 +
-----
 
“NASHVILLE BANNER”
 
“NASHVILLE BANNER”
 
“Thursday Evening, May 25, 1893”
 
“Thursday Evening, May 25, 1893”
  
 
“MYSTERIOUS ‘H. S.’”
 
“MYSTERIOUS ‘H. S.’”
________________
+
 
 
“Wrote Those Decoy Letters to Spurrier,”
 
“Wrote Those Decoy Letters to Spurrier,”
________________
+
 
 
“But Nobody Knows Who He is, It seems.”
 
“But Nobody Knows Who He is, It seems.”
________________
+
 
 
“The Testimony Grows More Interesting To-Day.”
 
“The Testimony Grows More Interesting To-Day.”
________________
+
 
  
 
“Judge Taft spent over seven hours in listening to evidence in the case against Patrick, Epps and Petty, charged with conspiracy against the United States government yesterday.  The chief examination of Deputy Marshals E. S. Robertson and E. E. Harris, the principal witnesses for the government, was completed and great advance made.  No other witnesses, with possibly one exception, will consume as much time as they did.
 
“Judge Taft spent over seven hours in listening to evidence in the case against Patrick, Epps and Petty, charged with conspiracy against the United States government yesterday.  The chief examination of Deputy Marshals E. S. Robertson and E. E. Harris, the principal witnesses for the government, was completed and great advance made.  No other witnesses, with possibly one exception, will consume as much time as they did.

Latest revision as of 17:23, 3 July 2008

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