Trial of A J Patrick, Morgan Petty and James Epps
“NASHVILLE BANNER” “Tuesday Evening, May 23, 1893”
“WILL BE TRIED NOW.”
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.
“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.
“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.
“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.
“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 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.
“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.
“Furthermore defendants had been in jail several months and had been unable to assist counsel in preparing testimony or formulating a defense.
“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.]
“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 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.”
“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.
“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.
“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.
“At 5 o’clock the Judge declared the court adjourned.
“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.”
Ten Jurors Have so Far Been Selected.
“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.
“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.
“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.
“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.
“Three of the tailsmen ordered summoned by the clerk then appeared in court and the examination was continued.
“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. C. A. R. Thompson was taken up next and excused on his claiming exemption for age.
“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.”
“NASHVILLE BANNER” “Wednesday Evening, May 24, 1893”
“THE FEDERAL COURT”
The Trial of the Conspiracy Case in Progress.
“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.
“Assistant District Attorney Lee Brock then read the official indictments in the case, the defendants standing meanwhile and listening with intense interest.
“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.
“The jury then stood up in their seats and were sworn in in (sic) the case by Clerk H. M. Doak.
“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.’
“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.
“Counsel for both sides waived the right to make a statement of the case, and the trial was ordered begun.
Several Witnesses Were Examined This Morning.
“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 jury was ordered to retire while the competency of the dying statement of J. L. Spurrier was argued.
“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.
“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.
“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.
“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.
“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.
“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. 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.
“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.
“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.
“Court adjourned at 5:30 o’clock.
Testimony in Regard to the Lincoln County Killing
“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.
“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 put by those present. This statement was taken about a week after court met, and some time before Spurrier died.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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 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.
“‘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.’
“‘Did anyone of your party do so?’
“‘Did you draw a gun on the Coroner?’
“‘I did not.’
“‘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.’
“‘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.’
“‘Did you put Andrew Patrick in jail and say you wounded one of the men that ran awap (sic—away)?’
“‘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.’
“‘Did you take or see taken from him some $53 in money?’
“‘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.’
“At this point recess was taken until 2 o’clock, when the cross-examination will be continued by Col. Holman.”
“NASHVILLE BANNER” “Thursday Evening, May 25, 1893”
“MYSTERIOUS ‘H. S.’”
“Wrote Those Decoy Letters to Spurrier,”
“But Nobody Knows Who He is, It seems.”
“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. “The cross-examining, which was always close and binding, was conducted by Col. Holman, chief counsel for the defense. District Attorney Ruhm asked the questions for the presecution (sic), in the main. “At the opening of the afternoon session Deputy Marshal E. S. Robertson was placed on the stand and the cross-examining was completed without developing anything new. “J. M. Puckett was re-examined. He recollected that all the cartridges were in Cardwell’s pistol when he gave it to him (Puckett). The other cartridge had been found in the holster since the morning. He added that Cardwell told him before he died that he did not fire a single shot. “Herman Ruhm was the next witness. He produced three maps prepared by himself, P. A. Porter and J. H. Ogburn on the field of the tragedy. There was a large map showing the general topography of the country for some ten miles around the spot where the killing occurred. Another smaller one gave the details of the surroundings of A. J. Patrick’s house. Still another one of the scale of four feet to the inch, represented the immediate vicinity of the shooting together with the supposed positions of the participants. Mr. Ruhm explained the different maps one by one in detail and was catechised (?) by counsel as to the lay of the land and other points of interest. “D. E. Harris was next placed on the stand. He said he was with the party October 7, looking for illicit brandy in Lincoln County. The place of attack is eight miles from his home. Had been to this point before and several times since the shooting and knew the topography of the country. They were guided by a letter. When about two miles from the fatal spot Capt. Mather got down from his horse and made a map of the ground according to the directions of the letter. “Witness then identified a paper handed him by District Attorney Ruhm as the letter brought by Spurrier. “The witness then went on to say that the party followed the directions set forth in the letter and they carried them past the point where the shooting occurred. Another letter was also read at the same time at Harris’ house. “The Court then allowed the prosecution to introduce the decoy letter as evidence. After the defense had examined the letter District Attorney Ruhm read it. It contains minute directions to the point where the brandy was supposed to be hid and was directed to Jos. L. Spurrier and dated October 1, 1892. The personal pronoun was used throughout the letter, which was signed ‘H. S.’ “Witness resumed by saying that the first thing that attracted his attention as being wrong on that day was a gun shot. Thcre (sic) were six in the party and witness was some distance in the rear. The shots came from behind a chestnut log to the right of the road. Witness then advanced and fired two shots at a man over the log, then passed over the log and fired three shots at three men crouching behind the log. Never saw what became of them except the one that was killed. Did not know him at the time. During the time witness had a pistol. He fired as soon as he could after the first shots were fired. “Witness then went on to give the particulars of the shots and the wounds received by the officers, which were substantially the same as that already given by Robertson. “There was another letter present when the first one was read at the Harris home on the night of October 6. Witness identified a paper handled him by the District Attorney as this letter. Mr. Ruhm then read this letter by consent of the Court. It is a ‘way-bill’ for J. L. Spurrier to follow in order to capture ten barrels of brandy that were said to be hid in the woods. It was also signed ‘H. S.’ and dated September 12, 1892. “Witness said that Spurrier came to Flintville and he and others went with him about September 20 to follow the directions. They did so, but were met by no one and were unable to find any brandy. There were wagon tracks at this point and it looked as if a barrel had been dropped on the ground there. The Party met three men on the road, all of whom had guns, but said nothing to them. On the return trip Spurrier showed the party where he captured some brandy on a previous road. “Cross-examination—The party only followed the directions of the letter as to the latter part of the their trip. The first time witness ever read either one of the letters was since he had come to this court. He did not know who wrote the letters. He was left alone with the wounded while Robertson went away for about fifteen or twenty minutes. During this time he did not go near the body behind the log, but looked at it from a point above the top of the prostrate tree. “He fired three shots at the man on the same side of the log with them. They didn’t seem to notice it or move. There were three of them with their sides to him. When he emptied his pistol he ran back on the other side of the log and got behind the tree with Robertson. “The party rode leisurely along on the way over. They talked and laughed and witness thought Robertson sang. They drank of a bottle of whisky brought by Robertson. “‘Did you tell Fletcher Carder on the day of the killing that you only saw one man behind the log and he was dead?’ ‘“No, sir, I did not. I told Mr. Solomon on the train last October that at first glance I thought the dead man was Dock Cooley. I did not tell him that I never saw anyone else behind that log.’ “Witness and Robertson went to the log together. Robertson pulled the dead man over on his back. His temples and cheeks were covered with blood. A white rag fell from his head. Witness thought this rag was a mask rather than a handkerchief. “‘Mr. Harris, did you go behind that log and mash that man’s head in with a blunt instrument?’ “‘I did not.’ “‘Did Mr. Robertson?’ “No, sir, he did not.’ “The prosecution then completed the testimony of the witness, and at 5:15 o’clock Judge Taft adjourned court until this morning.” __________ “To-Day's Proceedings.” “The testimony this morning was very interesting, covering points not touched by any of the previous witnesses. Messrs, Ruhm and Tillman alternated for the prosecution in conducting the examinations. Col. Holman became sick about 11 o’clock and Mr. J. B. Lamb officiated for the defense thereafter. “W. A. Guild said that he was United States Commissioner at Fayetteville. He said: ‘This paper you handed me is a warrant for the arrest of A. J. Patrick, issued September 22, 1892. This other one is for the arrest of T. E. Patrick. Both are for infractions of the internal revenue laws and were issued on the affidavit of Jos. L. Spurrier, General Deputy Collector. Their trial came off before me and they were released.’ “‘Are you acquainted with the handwriting of T. E. Patrick?’ “‘I have only seen his signature and would not recognize his handwriting otherwise.’ “‘Would you recognize the writing of A. J. Patrick?’ “‘No, sir.’ “‘Do you know who wrote the letter you have in your hand, or do you recognize the writing?’ (The question referred to the decoy letter of ‘H. S.’) “‘No, sir, I do not.’ “Deputy Collector W. O. Campbell and Commissioner Guild identified a number of revenue papers signed by James L. Spurrier, Capt. Mather and Collector Nunn. “J. E. Pulver—(‘)I am a Deputy United States Marshal, and was on and before October 7 last. On that day, and in the morning, I went from the house of Commissioner Harris, near Flintville, Lincoln County, in company with Spurrier’s party. We followed directions set forth in a letter, which led us to a spot where the killing occurred. I read the letter and heard it read. This letter you hand me is the one I read. We only followed the latter part of the route mapped out in this letter. There were six of us in the party. I remember seeing a man and a boy on the road. We stopped twice after this and one time discussed the letter. The shooting occurred about 8:30 o’clock. We were going along very still and quietly. One shot was fired and Capt. Mather fell. Before he struck the ground the firing became general and Spurrier fell. Neither Mather, Spurrier, Cardwell nor myself fired. When the firing occurred I leaned forward and was thrown to the ground just as I saw Cardwell reel. I had nothing but a small pistol, and not knowing where Robertson and Harris were, I ran down the road. I crossed fields and fences and finally secured a horse and wagon from the farmhouses. In company with several others I started for the shooting place. We stopped on the road and a crowd came up and we discussed the matter of getting a coroner. Justice of the Peace Porter came up and we went on with him. Further on we saw two men in a field with a wagon and team. One of these men was Morgan Petty. There was then fifteen or twenty people with me. I don't think anything was said to the men in the filed by any of the party with me. At the entrance to the side road leading to the fatal scene I met Robertson and Harris with the wounded in the wagon. I jumped down and ran ahead to meet Robertson. This was about 11 o’clock. Porter wanted to hold an inquest and a discussion followed. There was some excitement in the crowd. I got on with the wounded party and went on to Flintville. I examined Cardwell’s body at Flintville. I accompanied Capt. Mathes’ (sic) body to Belvidere and helped prepare it for burial. There were six shots in his head, two in his right shoulder and one in the left. I secured one of the shot and have it with me.’ “Witness produced the shot and it was examined by the jury. It was a medium sized buck-shot. “Witness continued: ‘I never saw any of the men that did the killing. I ran immediately after it occurred. I had been in the vicinity on a previous occasion. I visited the premises of A. J. Patrick three times. The first time was August 21 last. Mr. Spurrier was with me. We saw A. J. And T. E. Patrick. Spurrier, A. J. Patrick and myself had hauled some branday (sic) there from out in the woods. I went to get a team to haul the brandy to Fayetteville. When I returned Lifus Patrick came up. Spurrier wanted to store the brandy in Patrick’s repository, but they objected. Spurrier then said he would settle the mat- (sic) by knocking the heads out of the barrels. He couldn’t find the axe or mattox that he had just seen in the yard, and he got nettled. He said he would leave the brandy right where it was and he would come back next day and seize the whole still. T. E. Patrick then allowed the brandy to be put in the repository and signed a bond for it. We went to Fayetteville and returned next day and got the brandy. I went to the premises again about the 20th of September. Spurrier, Mathes (sic) and Cardwell were in the party, and we went in response to a letter. We followed the directions of the letter exactly. It led us to a densely covered spot about half a mile from Patrick’s house. We saw A. J. Patrick on the road. We did not find anything on this trip. Three of us came back the next day, September 22. We arrested both Patricks at night, and took their bonds. The trial came off on September 27 before Commissioner Guild. Spurrier and I found the five barrels of brandy on our first trip about three hundred yards from Patrick's house.’ “‘On the day of the shooting I saw no men, but saw three distinct streaks of fire come from over the top of the log.(’)” “CROSS-EXAMINATION.” “‘Did you tell the crowd with the coroner that your mule threw you so quick that you knew nothing about the occurrence?’ “‘No, sir, I did not.’ “‘Did you say to Miss Sallie Armstrong at Morgan Petty's house after the killing that you didn't believe there was anybody behind the log but Lifus Patrick?’ “‘No, sir, I did not.’ “‘When we met the wagon with the wounded on the road the Coroner said something about an inquest. Robertson told him that there were two eye-witnesses and there was no necessity for an inquest, and that the wounded men needed medical attention right away. I don’t remember whether Robertson spoke to me or the crowd first.’ “John W. Armstrong—(‘)I live on Stewart’s Creek, in Lincoln County. On the morning of October 7 last I was at home. Mr. Pulver came to my house in haste and said that he had lost two of his men. I saddled a mule for him but he said he was too slow, so he jumped off and ran on. I got some neighbors and went to the crossroads. I then went to Morgan Petty's house but he was not at home. I saw his wife. I went to Andrew Patrick’s house and saw several ladies. I did not see Andrew Patrick. We then went down the road and met the wagon with the wounded. Mr. McClelland was driving. After stopping a minute or two we went on to the scene. We found the body of Lifus Patrick behind the log. It was some time after this that the Coroner’s crowd came. Four of us came up first. I think Andrew Patrick came up with the crowd.(’) “Mr. Lamb—(‘)When you came up to Lifus Patrick’s body did you think his head had been mashed in with a blunt instrument?(’) “‘I did. I thought his skull was broken in.’ “‘I was a member of the jury of inquest over Patrick’s body. I don't know who had been there before I came, which was about half an hour after I saw Robertson. I saw some cartridges, a watch, a finger-ring and some papers taken from Patrick’s body. General Patrick took charge of these things.’” “CROSS-EXAMINATION” “‘It was about a quarter of a mile from the place of killing that I met Robertson and the wagon. We walked rapidly from the wagon to the spot where the killing occurred, and saw Lifus Patrick. His head was mashed in then.’ “Miss Ella Armstrong—(‘)I was at home the day of the killing. Mr. Pulver brought the news to our house alone. I then went to Mr. Whitworth’s house in the neighborhood. I told Mrs. Whitworth of the killing. I saw Mr. Andrew Patrick in a field nearby. This was before a wagon came along the road with some men in it. Mrs. Whitworth called Patrick up and told him what Pulver had said. This was soon after I came over. He came to the fence and talked to her.(’)” “CROSS-EXAMINATION” “‘Mr. Patrick said that he was sorry the thing had occurred, and that it was bad. He then hollered to the other men in the field, who had a wagon and went up a short road to the house. I don’t know what the men were doing in the field.’ “John Edmondson—(‘)A. J. Patrick married my wife’s sister. I live near his house. Pulver came to my house on the day of the killing. He told me two revenue men had been killed on the top of the hill. I gave him a horse. He went up the road and came back presently with four or five men and a wagon. I and some other men joined the party and went on towards Patrick’s place. We saw Andrew Patrick and Morgan Petty in a wagon in a field at the side of the road. The crowd grew larger as we went along. We met the wounded party at the point where the side road turns off. Robertson told the Coroner that if he wanted to hold an inquest, he could go down the road and he would find a dead man behind the log. We started down the road and met a man named Kuntz. He was excited and said that Andrew Patrick was dead. I looked around and saw Andrew Patrick in our crowd for the first time. He had not been at the wagon with the wounded. Kuntz then said that he meant Lifus Patrick was dead. Morgan Petty was also with the crowd then. Andrew spoke up when he heard that his brother was dead and asked to be shown the spot. When we found the body I noticed that the forehead was bruised as if he had fallen against the log.’ “Court then adjourned at 1 o’clock to meet again an hour later.”
“NASHVILLE BANNER” “Friday Evening, May 26, 1893”
“IS ACCUMULATING” ________________ “Evidence in the Conspiracy Case is Piling Up.” ________________ “It is Almost All Circumstantial So Far.” ________________ “The Testimony of Witnesses Yesterday and To-day.” ________________
“At the adjournment of the Federal Court yesterday afternoon the defendants, Patrick, Epps and Petty, in the conspiracy case now on trial held a sort of family levee in the prisoners’ dock previous to their removal to jail. The wives and children of all three men were present and they seemed to be in the best of spirits. Patrick sat next to the door as the crowd filed out of court and recognized and spoke pleasantly to as many of his friends and acquaintances as passed. The prisoners had paid the closest attention to the proceedings all day and they seemed to enjoy the relaxation. “John Edmonson was continued on the stand at the opening of the afternoon session of the court. He said: ‘When we reached the spot where Lifus Patrick lay Andrew stepped over the log and said, ‘Boys, Lifus killed all of these men, didn’t he?’ I answered that I didn’t think any one man could do it. I saw Lifus Patrick the day before the tragedy with a double-barrel shotgun in his hand. The only gun that I saw at the spot was a very long gun lying near the road. On September 30 I saw Andrew Patrick near Morgan Petty’s house with a Winchester rifle in his hand.’ “Harris Tucker—(‘)I was on the Fayetteville road on the morning of October 7 last. I met a party of six men, one of whom I recognized as Spurrier. He asked the way to Andrew Patrick’s house, and they went on that way. I went up to a neighbor’s house, and about an hour afterwards Pulver brought the news of the shooting. I went to the spot where it occurred. On coming away from there I met James Epps, with three other men. I also passed Morgan Petty’s house, and saw him come from the direction of his house after I had been to the fatal spot.(’) “John J. Mason—(‘)I live in Lincoln County; I built two tubs for the Patrick brothers to use in their distillery about the latter part of last June. About August 1 I went back to put up two more tanks. At the dinner table I mentioned an Alabama raid in which Mr. Spurrier took part. Andrew Patrick remarked that a load of buckshot would have been a good thing for those officers and would have surprised them. I saw Patrick later, and he said the officers had seized some brandy. He added further that Elder Tittle would ruin him yet. One time Mrs. Petty sent a little girl to Patrick’s house, he said, to tell him that Tittle and some other men were in the woods near the house, and he and Morgan Petty took their guns and went down that way.(’) “R. P. Lockert (R. K. Locker?)—(‘)I live in Lincoln County, and am a cousin of the Patrick boys. I saw Andrew Patrick at his father’s house on the second day after the killing. A man named McGee sent me there to ask for his (McGee’s) gun. Andrew said that he thought the revenue officers had the gun, but that it would be replaced or paid for. This gun you hand me is very much like that one.(’) “H. F. Pettis—(‘)I went to the scene of the killing on October 7, last. I saw two impressions on the top of the log. The log was soft, and there were two or three bullet marks on it.(’) “Fenton Locker—(‘)I had a conversation with Andrew Patrick about the brandy that was seized near his place in the latter part of August. He said they would not get any more there soon. He spoke of another night that the officers had been in the neighborhood. I said that I was glad that I had not been near his still. He said he was thankful to the neighbors for not coming to his still any oftener than they did.(’) “Noah Cooper—(‘)I live about a quarter of a mile from the spot where the killing took place. On that day I was about fifteen miles from home. I came home on that day, October 7, about 1 o’clock. I saw no one of the men who were in the fight, nor did I go to the place. I was arrested on the charge of killing the officers. When I was released James Epps was arrested.(’) “Cooper is the man Spurrier got confused with Epps in his statement as to who he saw behind the log. both men were made to stand up while the jury looked at them. Cooper has had his moustache shaved off, and the comparison made by Col. Holman created some merriment in the court-room. Patrick, Epps and Petty laughed heartily when Cooper said that his moustache was ‘yaller.’ “W. W. McClelland—(‘)On October 7 I met Mr. Robertson near Noah Cooper’s house and he wanted me to come and haul three dead men to Flintville. My wagon was full of apples, so we borrowed Noah Cooper’s and I went down to the wounded men with it. Cardwell was suffering greatly and said that he would die and asked for help. I told him that I was a little afraid, but he said there was no danger as he had seen the men run away. Robertson and Harris came up about that time and told me to go up and look behind the log. I did so and saw a man but did not touch him. Then I brought the wagon and we loaded the wounded men into it and started for Flintville. When we met the crowd at the forks of the road it was 11 o’clock by Capt. Mathes’ (sic) watch. Mr. Robertson told me that he shot one man down behind the log and he thought he hit another as he ran off.(’) “Squire N. J. Fentress (W. J. Ventress)—(‘)I have been a magistrate for about ten years in the Patrick settlement. Epps has been living in the neighborhood about two years. Morgan Petty has been there some time longer. Patrick is a native of the place. About the time the brandy was seized Morgan Petty and Lifus Patrick came to my house and swore out a warrant for a man named Tittle for carrying offensive weapons and shooting at Petty’s house. I appointed Andrew Patrick special officer to serve the warrant. He came to my house some time later and wanted the warrant given to Lifus. We spoke of the brandy seizure at this time. He said the brandy was not his, but he didn’t like the officers’ taking it. He said that if two or three of them were killed they would not bother them any more. He said an officer had been killed up in the mountains and the others were afraid to go up there to make any arrests. I saw Lifus Patrick the day before the killing with a gun. I saw Andrew in the afternoon of the killing at his father’s house. Lifus Patrick came back from out West about three months before the shooting occurred, but he is a native of Lincoln County.’ “Court then adjourned.” __________ “This Morning’s Session.” “Squire J. J. Fentress (W. J. Ventress) was placed on the stand again at the beginning of this morning’s session, for cross-examination by the defense. He repeated the conversation he had with Andrew Patrick, in which the latter said that a load of buckshot would keep those revenue officers away from there. He said that here was another man present when the conversation took place. “Col. Holman then asked the witness if he had not called at the office of Holman & Carter on several occasions and appeared in the nature of obtaining their aid as counsel for defense. An objection was raised but finally withdrawn. “‘Did you not assure Holman & Carter that you knew that defendants were innocent?’ “‘No, sir.’ “‘Did you not say to General Patrick on several occasions that you knew the defendants were innocent?’ “‘No, sir. At one time Col. Holman said he would not take the case if he thought they were guilty. I told him that they said they had witnesses who could prove the innocence of the defendants, but I expressed no opinion one way or the other. I never spoke to Holman about my conversation with Patrick before the killing. I agreed to assist Holman & Carter in obtaining testimony for the defense, and did so until Nilesly and Stong, revenue officers, came down and took my statement. I did not post them as to what men they should see to get evidence from. I told him not to have anything to do with Andrew and Jim and old man Patrick, as they had always been his and my enemies. I had reasons for doing so. These causes originated years ago. I did not tell General Patrick that I had been working for Spurrier’s place, but I was after a revenue appointment. I had a talk with General Patrick at his gate about April 1, which was private. I told him about Andrew saying that some lead ought to be split among the revenues. He did not tell me that I was a liar. General did not ask me who was present at the time. I did not tell him that Tom Grylis was present, but that John Edmonsdon (sic) was. I had a conversation with General Patrick in this city in my room on Monday night. He had refused to talk to me at the train and I sent for him to come to see me in order that I might know what was the matter with him. He told me that Holman and Carter were going to dig me up in the cross-examination. He did not tell me that I had been lying in this case. On the day of the killing I wrote a description of Robertson for Andrew Patrick on a piece of paper. It was about two months after the killing that I first told of the conversation I had with Andrew Patrick. It was on the afternoon of the killing that I wrote the description of Robertson at old man Patrick’s house. I had never seen Robertson but merely wrote down what someone else said in answer to questions by Andrew.’ “‘Lifus used to board with Adam, but about the time the still was completed he moved to his mother’s. The first time I ever saw Robertson was since I came down here to the trial. The first time I ever saw Nilesly was in February. Stong and one of the Lockers were with him. Old man Patrick has never liked me, but the boys and I have always gotten along, though there was no good feeling between us. The enmity I spoke of was between General and his brothers, and was of two or three years’ standing. When I ran for Magistrate the first time Andrew Patrick voted for me. I don’t know about the other time. I went to Holman & Carter’s office at the request of J. B. Patrick. I was not in a mood to divulge anything that I knew that would prove damaging to the defendants. I told Col. Holman that defendants had some witnesses who they said could settle his mind as to their innocence. I don't know for certain why J. B Patrick didn’t go to see the lawyers himself. When I was at the hotel with the revenue officers I got nothing from them in the way of money or promises. I ate dinner with them. What I told them was in response to questions by Col. Nilesly. My conversation with General Patrick was a repetition of the statement that I made to the officers. I felt it my duty to tell him as my son-in-law. The conversation I had with Andrew was after the seizure of the brandy by the revenues.(’) “‘My conversation with General Patrick at my room took place before I was sworn in as a witness in the case. My political aspiration for office has not changed my mind in regard to the case. I have received no promises. My application was made to men who are not now in office. I told judge Carter at the October term of the Circuit Court at Fayetteville that I could have nothing to do with the case.’ “W. W. McClelland, called back—(‘)I saw a gun leaning against the log near where Lifus Patrick lived. I think this is the gun I saw there.’ “When Mr. Ruhm picked the gun up it pointed towards Judge Taft and His Honor dodged. Mr. Ruhm turned and the muzzle was in Col. Holman’s face. He threw up his hands. Gen. Caldwell came to the District Attorney’s aid and succeeded in allaying further fear by unbreeching the shotgun and extracting an empty shell. The prisoners were much amused at the way the lawyers handled the gun. “Mrs. McGhee—(‘)I live about two miles from Andrew Patrick’s. This gun is the one that Andrew Patrick borrowed from my husband. On the day he borrowed the gun some gentlemen passed the house and somebody said they were revenue officers. They passed by before Andrew Patrick came in. He asked for Mr. McGhee and I told him he had gone to town. He said that he hated to tell me what he had come for. I told him it was all right and he asked me to lend him my husband’s gun. I told him to take it. He asked me if I had any loaded shells and I told him no. Mr. Patterson, who was present, told him that he could get ammunition at the store, but I told him there were no caps there. He then went off without taking the gun.(’) “James Patterson—(‘)I was employed at Mr. McGhee’s farm last fall. I remember Andrew Patrick coming there. This gun is Mr. McGhee’s. When I came in the house Andrew Patrick was talking with Mrs. McGhee. His brother, General, was at the gate. Andy wanted some shells, but we had none for the gun. He went off without taking the gun. I had met some revenue officers on the road previously and I recognized Spurrier and Harris. I thought I knew Pulver, but I was not sure. Andrew said that he wanted the gun to watch around the still-house for a man named Tittle. Tittle was regarded as a bad man in the community. He was charged with poring coal oil in the still tubs and shooting into people’s houses. I heard this about a month before Patrick came after the gun. I have known him seven or eight years as a bad man.(’) “Mr. McGhee—‘This is my gun, or one exactly like it, mark and all. This is the first time I have seen it since the killing took place. Lifus Patrick borrowed it from me. The day I went to Fayetteville and Andrew Patrick was at my house I met a squad of revenue men on the road. Another day Lifus and I went to Fayetteville in a buggy with the gun. It was our of fix and Lifus had it mended. I also had some shells loaded with buckshot at the suggestion of Lifus Patrick. When we were hunting for Tittle Lifus asked me to let him keep the fun for a while and I did so. There were about twenty of us looking for Tittle on the ridge near Andrew Patrick’s house. This was after the trial of Patrick at Fayetteville, and after Lifus had borrowed my gun. Tittle worked on my place at one time and made a good hand. He had no reputation for criminal misdeeds at that time.’” “CROSS-EXAMINATION.” “‘After this time people began talking about him. Some people regarded him as a dangerous character. They said he had shot at people’s houses. I had a conversation with Miss Lizzie Parham in which she told me that Tittle came up to her at night and cocked a pistol over her head and tried to intimidate her. When Lifus Patrick came to borrow my gun he did not say that he wanted it to hunt Tittle with. It was rumored that Lifus was going to marry Lizzie Parham. I had not seen Tittle in about a year before I saw him here at the Court. Morgan Petty, Andrew Patrick and Lifus Patrick were with the party hunting for Tittle. I don’t know how log before the killing this hunt for Tittle took place. I was sick at that time. I know that this hunt took place on the morning after the messenger told me about Tittle threatening Lizzie Parham.’ “R. E. Davidson—(‘)I sell hardware in Fayetteville. I think this is a gun Mr. McGhee bought from the store where I stay. Mr. McGhee came to my store September 27 and bought twenty shells, which he ordered loaded with buckshot. They were paper shells, but I don’t know whether these are the ones or not. Lifus Patrick took the shells out late that afternoon. I don’t know anything about a trial of the Patricks at this time.’ “Mr. Sam Hawkins, of West Tennessee, was sworn in as an attorney in the Court, and he took a seat with the prosecution. “Newt. Stevenson—(‘)I live in Lincoln County on October 7 last. I am acquainted with the defendants in this case. I don’t know whether I ever saw this gun before or not. The last time I ever saw Lifus Patrick he left my house an hour before day on the morning of the killing. He rode a black pony. I saw this horse again at the burial driven by Mr. Billy Patrick. I got up when he left my house that morning. He had a new pistol and a double-barreled shot-gun. He did not have a Winchester rifle. He said he was going to Andrew Patrick’s house. He said he expected to grub them, but told me nothing about what else he was going to do. He did not eat breakfast at my house. He had been hunting Tittle the day before. He said nothing about what time he would leave when he went to bed. He got up first next morning and I got up and let him out. He said he had a warrant for the arrest of Tittle.’ “Miss Belle Downing—(‘)I live in sight of Andrew Patrick’s house at my step-father’s Hick Koonts (Koonce), house. I know the defendants all except Mr. Epps. He had not live there long. Patrick’s still-house is in a hollow near our house. I saw Andrew Patrick about sun up on the day of the killing. He passed our house in a wagon going from his house. I saw him from the house. He went in the direction of Fayetteville. This was soon after breakfast. There was a little boy with him. I went to Mrs. Whitworth’s soon after with a washboard. I returned in ten or fifteen minutes and stayed at home about an hour. About 8 o’clock I went to the house of Uncle Needham Koonts. My sister, Cordelia, went with me. We passed by Andrew Patrick’s house. I saw a wagon between the house and the still-house. There were two horses with the wagon, but I never saw anybody near it, nor was there anything loaded in it. Cordelia said something about the wagon. A few minutes later we heard some guns fired. It did not attract my particular attention. There was a good deal of it and it was in the direction of where the killing occurred. I didn’t know about the killing until I came home that night. I have been to the spot several times since.’” “CROSS-EXAMINATION.” “‘The wagon was about 159 yards from the road where we passed along in a clover field. I have given a statement of this matter at the office of Holman & Carter. At that time I did not say that. I was talking to Mrs. Whitworth when the firing occurred. I heard one or two guns at that time and saw Andrew Patrick’s wagon stalled in a field near-by (sic). I don’t know exactly what time this was. The firing came from the direction where the killing occurred, but did not sound far enough to be at the depot. I said that I thought it was somebody hunting. Andrew Patrick, his little son and Morgan Petty were in a wagon stalled in a field near by (sic). I had not been to the place of the killing when I made the statements at Holman & Carter’s office. I don't know whether the wagon Patrick was in was the same one we saw later near the still-house or not. There was a mule and a horse hitche(d) to the wagon. Their heads were turned towards the still-house. I think the wagon belonged to Andrew Patrick. Between the first time I saw the wagon the second time was about half an hour. Between the second and third times it was about one hour.’ “Witness was dismissed, and the Court explained that application had been made for night sessions by the counsel. Though the application was a strong one and given to good faith, he said he would have to refuse it. It would be prejudicial to the health of some of the jury, who were accustomed to going to bed early. He himself was anxious to get through with the case, but he thought seven or eight hours a day was enough for any Court to sit. He said hereafter the Court would meet at 2:30 o’clock in the afternoon and not adjourn until 6 o’clock. “Court then adjourned.”
“NASHVILLE BANNER” “Monday Evening, May 29, 1893”
“NOW FOR DEFENSE” ________________ “Government Rests its Case in The Patrick Trial.” ________________ “A Motion to Release Morgan Petty Overruled.” ________________ “Witnesses For the Defense Will Appear To-Morrow.” ________________
“In the conspiracy case in the Federal Court Rufus Koonts was the first witness put on the stand Saturday afternoon. Rufus is a boy of about 15 years, and testified that he found a shell and some buckshot in the field near Andrew Patrick’s house. Nothing of material bearing was developed from his testimony. “J. A. Paterson testified that on the day of the killing he was James Epps washing some clothes near his house, about 11 o’clock. He had on a black broad-brimmed slouch hat. Going on, he saw Morgan Petty at his house. He called him down to the fence and told him that his mother was sick. About this time Andrew Patrick called Morgan Petty and he went away. “Witness said that old man Epps was an exceedingly poor man, and having no wife had to do the washing and cooking for himself and little children. When this testimony was brought out the tears welled in the aged prisoner’s eyes and he had to use a handkerchief to wipe them away. “W. G. Mims said that he was policeman at Flintville when Andrew Patrick and Morgan Petty came to him an offered him $25 if he would serve a warrant on Elzey Tittle. He had not seen Tittle for a year previous to that time. “J. D. Franklin saw Spurrier in the wagon at Flintville. He had been Spurrier’s friend before then. Spurrier told him that he had been shot and was bound to die. He said he hoped he would live until he got to see his wife. He then told witness in response to questions that he was three of his assailants. One of their faces he recognized as that of Andrew Patrick. The others he could not identify with any degree of certainty. “E. A. Norvell was a revenue officer. He went up in the Patrick neighborhood after the killing and found five barrels of wildcat brandy out in the woods. He did not know whose brandy it was. They made a trial to see if the sound of guns could be heard from the killing spot to Mrs. Whitworth’s was place. They could not, though a slight wind was blowing in an opposite direction. “Judge Taft then explained that the strain on counsel in a case like this was very great, and in order to give them time for consultation and rest he excused the jury from further service until Monday morning at 9 o’clock. His Honor also granted their request to be allowed to go to a hotel and take a bath. “When the jury had retired, District Attorney Ruhm stated a motion to the Court. He said that the trend of the government’s case had been suddenly changed owing to the Court’s allowing the unexpected introduction of the Tittle episode. This had changed the aspect of the entire proceedings. In view of this fact he prayed that the Court allow the prosecution to put Tittle and his wife and other witnesses on this subject on the stand. These names were not in the government’s list as they did not expect to introduce them at all unless forced to do so in rebuttal. “Col. Holman claimed that the government had brought Tittle to Nashville and examined him as a witness. He had further understood that it was the policy of the prosecution to use the Tittle episode as a part of the proof of conspiracy on the part of the defendants. “His Honor then stated that at present he was inclined to decide against the government. He would, however, withhold his decision until the District Attorney could set forth in a written motion the reasons why he had not put the name of Tittle on the list of witnesses furnished the defense before the trial. “It was then agreed that the statement should be prepared right away by the government and a copy furnished the defense that evening, in order that the argument might take place and a decision reached this morning. “Court then adjourned to meet this morning at 9 o’clock.” __________ “To-Day’s Proceedings.” “At the opening of court this morning Judge Taft said that after thinking over and examining the question of whether he would allow the evidence of Tittle and Mrs. Tittle in the main case of the government he had decided to allow the objection of the defense and throw it out on the grounds that his name had not been furnished defense as a witness by the government. “R. C. Porter—‘I am a magistrate in the Patrick neighborhood. I held an inquest over the body of Lifus Patrick. When I first heard of the shooting I went to my house. When I left there the clock was striking 10. I then went to the house of ’Squire Fentress. I got his cane, a pen and ink and some paper. I then went up the road and found Mr. Pulver and some men waiting for me with a wagon. Going on up the road I saw Andrew Patrick and Morgan Petty gathering corn in a field near Mrs. Whitworth’s. They spoke to none of the men in the party with me. I did not see James Epps. This was about 10:30 o’clock, as well as I can judge. This letter you hand me is, to the best of my knowledge, written in the hand of Lifus Patrick. I have seen some of his writing. This other letter looks like the writing of Lifus Patrick also. This paper is the advertisement of a sale written by Lifus Patrick.(’) “All the papers identified by the witness were handed him by Mr. Ruhm. The first two papers identified were the ‘decoy letters’ which have played such a prominent part in the case. “J. C. Pulver, recalled by the prosecution—(‘)About a mile and a half before we got to the killing spot Mr. Spurrier looked at his watch and said that it was about twenty minutes to ride from there to where the shooting took place. This is how I located the time 8:30. I don’t recollect when I first heard who the dead man behind the log was.(’) “Dr. T. P. Crutcher—(‘)I recognize this letter as one shown me by Mr. Spurrier a few days before the killing. I took a copy of it at the time, and when I heard of the killing I brought this copy to the custom-house. I have been a friend of Mr. Spurrier’s family. I took notes from him with a view to writing a biography or history of his exploits. He told me that when the firing occurred he tried to catch Mather as he fell but at the same time received a shot himself.(’) “Thomas Grills—(‘)I heard part of the trial of the Patricks at Fayetteville. I rode out of town with John Edmonson. We overtook Andrew Patrick, Morgan Petty and James Epps. Lifus Patrick was on ahead. Mr. Edmonson said that he thought Mr. Spurrier was a nice man. Andrew said: ‘When you see a revenue man you see a ____ ____ rascal.’(’) “J. M. Puckett—(‘)I took charge of Mr. Spurrier’s pistol at Flintville. It looked exactly like this one. It was loaded in every chamber. I put it in my pocket and brought it here and gave it to the marshal.(’) “James Miller—(‘)I have lived in Warren County about eighteen months. I lived in Lincoln County before that time. I haven’t been back there since then. I know that I was in Warren County on the day the shooting occurred. My wife is a sister of Elzey Tittle. I was not with him on October 7 last. I did not see any killing that day as I have not been out of Warren County in eighteen months. I lived in the neighborhood of the Patrick’s for about two years. This was several years ago. I had a difficulty with Elzey Tittle near where Andrew Patrick now lives, about six years ago. He was fined at that time by ’Squire Fentress. We have been friendly towards each other since that time, though I have not seen much of him.(’)” “CROSS-EXAMINATION.” “(‘)I told Patrick at the time that Tittle had stolen a mattock and put it into my yard. That’s what we had the fight about. I don’t know that either of us were ever charged with stealing anything until I charged Tittle with stealing the mattock. I accused him of way-laying me on the road at that time. Andrew Patrick accused me of taking the mattock, and said that I had to leave the country. I swore out a warrant against Tittle, but did not appear against him.(’) “W. H. Chapman—(‘)I, with others, made a test on November 15 to see whether firing could be heard at Mrs. Whitworth’s washing place from the place where the killing took place. A pistol and a shotgun were fired and we heard a noise after the appointed time for the shots to be fired. I think this noise came from the moving of a table at Mrs. Whitworth’s. I didn’t hear anything that I could distinguish as a shot. This was a very clear day and an admirable time for hearing. We could distinctly hear the rumbling of the trains at Fayettville (sic). There was not enough wind to attract attention. At the spot where the shooting occurred we made experiments by lying in the road where the wounded men were said to have fallen. From every possible position I could easily see men walking about on the upper side of the log.(’) “B. C. Brown—(‘)I am a Deputy Marshal. I was present when a revenue officer was killed on July 22 last. It was in Putman County, near Cookeville. The man who did the killing has never been arrested as far as I know.(’) “J. E. Pulver was recalled by the prosecution. He testified that he took part in the shooting experiment at Mrs. Whitworth’s wash place. He fired two shots from his shot-gun at the appointed minute. Mr. Harris shot his pistol off in the air once. “The Judge then excused the jury until 11:30 o’clock in order to give the prosecution time to hold a consultation preparatory to the winding up of their case. “After a recess of thirty minutes the prosecution returned from their consultation and announced that they had decided that the government would at this point rest its case with the court. “The jury was again asked to retire and counsel for the defense stated that they desired to place Morgan Petty and his wife on the stand to testify as witnesses. In order that this might be done so as to take from the minds of the jury any unusual personal interest, they begged that his plea of not guilty be allowed, and he be discharged as a defendant in the case. They thought that thcre (sic) was not sufficient criminating (sic) testimony now in to convict Morgan Petty in the least way with the formation or the carrying out of the conspiracy. “In response to this District Attorney Ruhm reviewed the evidence on the immediate day and days previous to the killing, showing that Morgan Petty was at that time intimately associated with Andrew Patrick. He went to the magistrate’s house with Lifus to secure the warrant for Tittle at the request of or for the use of Andrew Patrick, the man whom the government are trying to prove was the head of the conspiracy. He was with Andrew in the field on the morning of the killing, and in that field was found a ball the same as was found in the body of one of the murdered officers. His discharge would be discrimination against other defendants. As far as the introduction of the testimony of the wives of the defendants is concerned the prosecution would interpose not the least objection. “Col. Holman said that the fact that Morgan Petty swore out a warrant against Tittle could not be construed as a part of the conspiracy. It was merely an act taken in defense of his family. That he was in the field with Patrick is nothing unusual. That is the place where he belonged. That Andrew Patrick was at the head of the so called conspiracy had not yet been proven. The fact that Morgan Petty was in company with Andrew Patrick is explained by the fact that he was in the latter’s constant employ. The defense thought they were entitled to the granting of their motion in the light of evidence produced. They asked it in order to take away what color of prejudice might be added to the testimony of Morgan Petty and his wife by personal interest. “Mr. Tillman said that the evidence of the morning of the tragedy strongly convicted Morgan Petty with the hunt for Elzey Tittle. The news of his appearance in the neighborhood was brought by Petty’s little girl. If Andrew Patrick is guilty it argues strongly that Morgan Petty is also guilty. When the whole community, including the women and children, were aroused over the brutal killing, Andrew Patrick and Morgan Petty stationed themselves in a field within thirty feet of the road and coolly gathered corn. They did not leave this field until the Coroner’s crowd had passed by on this road and did not join the crowd until they were within a quarter of a mile of the fatal spot. If it be proven that the warrant sworn out by Petty was unfounded it would reflect greatly on his connection with the conspiracy. “His Honor stated that he must at this stage of the proceedings refuse to entertain the motion. At a later date he might be in a mood to entertain it again. From the evidence now before the Court he could not discharge any of the defendants. Lifus Patrick was undoubtedly present at the killing. Andrew Patrick and James Epps were also there according to some of the testimony. Four guns figured in the case which would warrant the belief that another man was also behind that log. ‘From the fact,’ said Judge Taft ‘that Morgan Petty was with Andrew Patrick before and after the killing I cannot say that there is no proof against Petty in the case.’ “Mr. Lamb then moved that a recess be taken until to-morrow morning in order to allow the defense to consult with their witnesses and prepare their case. “Judge Taft said he would allow each side eight hours to argue its case and believing that it was in the interest of the defendants and the expedition of the proceedings he would allow the recess asked by the defense. “Court then adjourned to meet at 9 o’clock to-morrow.”
“NASHVILLE BANNER” “Tuesday Evening, May 30, 1893”
“FOR THEMSELVES” ________________ “Patrick, Epps and Petty Give Their Testimony.” ________________ “Substantially They Tell the Same Story.” ________________ “The Evidence in the Conspiracy Case To-Day.” ________________
“The defense in the conspiracy case opened their case this morning. All three of the defendants, Patrick, Epps and Petty, were placed on the stand and their testimony occupied the entire four hours of this morning’s session. “Epps was the first to take the stand. He said—(‘)I was at home on the morning of the killing. I left there about 8 o’clock. I started to Andrew Patrick’s to borrow a mattock. I stopped at Morgan Petty’s and talked to his wife. While I was sitting there I heard some shooting. It sounded like two reports from a shotgun. Mrs. Petty said: ‘Tittle has killed Morgan.’ I went to the door and heard some more firing. I then went up to Patrick’s house and saw Mrs. Patrick. She said she had heard the shooting, and thought it was Elzey Tittle. Petty’s little girl ran down the road by the house. I went down in the field where Andrew Patrick was and told him about the shooting. He said Petty’s little girl had told him that Tittle was in the neighborhood. We then went back to the house, and Patrick got two guns and gave me one. We came out, and met Mr. Miller and another man in the road. We then went down the road and talked to Mrs. Petty about Tittle. I gave my gun to Patrick and he went on back to his wagon. I went home and began my washing. It was about 12 o’clock when a crowd of men came by my house and told me about the shooting. I started out with them to the place where the shooting occurred. On the road we learned that somebody had moved the body behind the log, and it was that of Lifus Patrick. I did not take breakfast at Mrs. Henderson’s on the morning of the killing, nor was I there that morning. I ate breakfast at home that morning. “‘Jack Patterson passed my house while I was washing my clothes. I had on a black slouch hat. This was about 12 o’clock. Stubblefield and Clipper passed my house about 7 o’clock that morning while I was sweeping my house.’ “‘Were you at the place at the time those revenue officer were killed?’ “‘I was not.’ “‘Did you know anything about the shooting before or when it occurred?’ “‘No, sir.’ “‘A revenue officer arrested me on October 20. He said he was going to take my statement at Fayetteville. When he got me there he put me in jail. Next morning I was hand-cuffed and brought to Nashville. No warrant was even or has ever been read to me. I had heard that they wanted me, and I told Mr. Locker to write and tell them that they could find me at my home.’ “CROSS-EXAMINATION” “‘I had made a statement before I (unintelligible) rested. I made this at the Petty house to Mr. Norvell and another man on Tuesday after the killing. My best judgment is that I left home on the morning of the killing about 8 o’clock. I have seen Tittle many times. He has been to my house lots of times. I have not seen him since year before last. As far as I know he left the country then. I have never seen him since. Last August and September I heard the neighbors talking about Tittle. Mrs. Petty, Mrs. Williams and old man Patrick told me they had seen Tittle. I met Andrew Patrick in the clover field when I went to look for him. Morgan Petty was not with Patrick, but I saw him down in the cornfield. When we went to Petty’s Patrick asked Lizzie if she had any caps. He did not ask for any powder or shot. I didn’t tell Mr. Norvell that I had a gun when I saw Miller, because he did not ask me. After this I went away from home and stayed several days. I had been back several days when I was arrested. I went to my daughter’s, five miles beyond Fayetteville. When Patrick met me in the field he had left his team with their heads toward the house. I thought I saw Morgan Petty down in the edge of the cornfield. I had not go (sic — gone?) into the house with Patrick. He came out and gave me a gun. We went down to Petty’s house to look for Tittle. Mrs. Petty said that Tittle had crossed the road and gone on. We didn't follow because Patrick was afraid that Tittle would waylay us and put it to us. “‘I gave my gun to Andrew, and we both went to our homes. I don’t remember whether Andrew Patrick told me that Lifus was hunting Tittle or not. I said something about Andrew being nervous when I saw him in the field, but I don’t know what it was. I had information about Tittle before I saw Andrew. Mrs. Petty had told me that Tittle and Jim Miller were in the neighborhood. She told me that Morgan was working in Patrick’s field. I told her that I was going over there to see him. She did not tell me to tell Patrick anything about Tittle. She sent her little girl up there afterwards. I did not tell Mr. Norvell in either of my statements that I met Patrick in the cornfield. I heard the shooting from the place the place the killing occurred. Mrs. Petty was afraid that Morgan was shot, and I told her I would go and see. I then went towards Patrick’s house in a different direction from where the shooting came. I did not say that I heard shots from any other direction than that where the killing occurred. When I saw Petty in the corn-field (sic) I did not go to him nor speak to him, although I was looking for him to see if he was safe. The paper you hand me bears my signature, though I can’t read it, Patrick left his wagon in the field. I did not see Petty any more until late that evening. “‘The fence around Patrick’s yard is about three feet high. I was a witness at the trial of the Patricks in Flintville. I met Mr. Spurrier there for the first time. I have no recollection of having any conversation with August Renegan after the killing. I did not tell him that I was gathering pumpkins with Andrew when the shooting occurred. I did not tell him that people ought not to tell what they knew about the killing. I had no such conversation with August Renegan. Morgan Petty’s wife is my wife’s half-sister. I am not related to Andrew Patrick so far as I know. I don’t remember of going on but one hunt for Tittle. That was on the Friday before the killing. I never hunted Tittle at night. I have lived in the neighborhood about twenty months. I can hear wagons rolling along the road where the killing occurred from my house, but I have never been on that road that I know of. I have worked at Patrick’s distillery in the day time, but was never there at night. I saw a gun there that belonged to Lifus. I don't remember whether I was at Baker’s house or not. Come to think of it I believe I was with the crowd that went to Baker’s house that night. A crowd came by and go me to go. We went from Baker’s to Stevenson’s and from there to Shelton’s. We were looking for Tittle then. We started out about dark, just after returning from the trial at Fayetteville. I rode my own horse. I never went to Bud Whitworth’s to hunt for Tittle. I don’t remember of any other hunt for Tittle except the two I have mentioned. I never saw any White Caps in my neighborhood. When I left Andrew Patrick on the day of the killing I went to my house and began washing. It was 12 or 1 o’clock when I heard of the killing. When I saw Morgan Downing going to Lincoln I was at home. I was at Petty’s when he came back.’” “RE-EXAMINATION BY DEFENSE.” “‘I had no interest in the still of Patrick, or any other. I never saw a revenue man until I was summoned as a witness in the Patrick case. I did not know of the shooting when I was at Petty’s. Petty’s wife would not let him go with us to hunt for Tittle the night we went to Baker’s. Some of the party told me this. I was at the still after the coal oil had been put in the tubs. I put my had (sic—hat? or hand?) in the tank and smelled it. It had coal oil in it. I think this was the first tank they had filled. Lifus told me that Tittle did it.’ “Morgan Petty was then placed on the stand. He said: ‘I was in Andrew Patrick’s field on the day of the killing. I was I was (sic) grubbing when Andrew called to help him haul some pumpkins. We got a load and he started to the house with them. I went to the spring by the still-house. I saw Epps come down the road by Patrick’s. My little girl came down before this and told me that Tittle was in the neighborhood. I staid (sic) at Andrew’s wagon with his little boy. He came back pretty soon. I went to pulling corn. I saw some men go along the road. I did not speak to them. Mrs. Whitworth called Andy and he told me to bring the wagon on. It was not loaded. We took the wagon to the house and Andrew told me about the shooting. He and I then went out to the place where it occurred.’ “‘Was (sic) you at that shooting?’ “‘No, sir.’ “‘Did you have anything against the revenue officers?’ “‘No, sir.’ “‘Did you know anything about the shooting before it occurred?’ “‘No, sir.’ “‘My wife told me that Tittle had shot at her. She was then in a delicate condition. I had a warrant sworn out for him. I looked for the Sheriff at Fayetteville but did not find him. I then had Andrew Patrick deputized to serve the warrant as there was no constable in the neighborhood. As to myself I have no education. The warrant was placed in Mr. Patrick’s hand. “‘My wife is nervous and easily frightened. I went on one hunt for Tittle. They said he had made a break for Miss Lizzie Parham. I knew nothing of any harm that was going to be done the revenue officers. I knew nothing of any trap.’” “CROSS-EXAMINATION.” “‘I have been living on Andrew Patrick’s place as a share-cropper since August a year ago. I worked in the distillery some. They began stilling there in July or August. The October 6 I came home from Alabama. I had been there to see about getting a place near where my brother lived. When I got back Jim Epps and I grubbed in Andrew Patrick’s field. It was just a week before the killing that I went on the hunt for Tittle. Andy and I went to Brighton and Flintville. We thought Tittle might be on the train. We were not looking for revenue officers. I did not run from behind the log when Harris and Robertson shot. I was not behind the log at all. I was grubbing in Patrick’s field that morning. Patrick and his little boy came down in a wagon. He called me and we loaded the wagon with pumpkins. When we started off the horses stalled. I wasn’t far behind the wagon when my little girl came and told me that Tittle was in the neighborhood. I then went back to the field to work. No, I went to the wagon. I made a mistake then. I stood between the wagon and the road. The little boy sat on a pumpkin in the wagon. I had no weapon except my knife. Jim Epps did not speak to me when he came down. My little girl said she had seen Tittle and Miller. I knew Tittle. I made a statement in jail. I did not say I had never seen Elzey Tittle. He and I had a fight about a year before last summer. “‘I was alone when I swore out the warrant against Tittle. Lifus Patrick came while I was there. He was to meet me there. My wife had told me some time in August that she believed Tittle had shot at her. I didn’t swear out the warrant until September 24 because he left the community. I heard he was back there. Tittle visited Mrs. Whitworth’s, within half a mile of my house, during August. He and I have not spoken in over a year. Tittle’s wife is a half sister of Bud Whitworth, at whose house Lizzie Parham lives. I never heard that he came up there to collect a debt of Lifus Patrick as administrator of Aunt Celina Howell. When Patrick came back from his short hunt for Tittle he unloaded the first load of pumpkins. I then went in the field to pull some down rows of corn. Patrick came back and we gathered another load of pumpkins. I learned of the killing from Andrew Patrick. He learned it from Mrs. Whitworth after the crowd had passed. We then unhitched our team and overtook the crowd near Noah Cosper’s (sic—Cooper’s) “‘I was in the edge of the cornfield when my little girl told me about Tittle. I did not go to see about it then. I thought Tittle was there. I did not think it was the revenue officers. There was a crowd at the killing place when Andrew and I got them (sic—there?). I had not been there before in a long time. I never saw the wagon containing the wounded men. Andrew was with me. I was a witness in the trial of the Patricks at Fayetteville. I didn’t tell anything, because I didn’t know anything. “‘I don’t think I was at the still after that. Some of the neighbors told me that Tittle had threatened to kill me, but I don’t remember any of these except Mrs. Howell and she’s dead. Tittle called me a liar and threw three rocks at me, and we had a fight. Both of us were arrested and he paid all the costs. I took out a peace warrant against Tittle. I looked for the Sheriff in Fayetteville on the day of the trial of the Patricks. This was after I had had Andrew deputized. Tittle agreed to leave the country rather than give bond to keep the peace. He agreed to that with me before ’Squire Porter. He came back several times last summer. I only worked a few days in the distillery.’ “Andrew Patrick was placed on the stand and sworn in by Deputy Clerk E. L. Doak. He said: ‘I own 114 acres of the farm I live on. It is mortgaged. I have been sick in jail and am still feeble. I was in the field on the day of the killing. I went to gather some pumpkins. I went in a wagon down the big road. My little boy, Green, was with me. We turned into the field about 200 yards from my house. I don’t remember who I saw on the road. When I got into the field I saw Stubblefield and his father-in-law(.) I got upon the fence and talked to Stubblefield, as I had not seen him in a long time. He went on towards town and I drove into my cornfield. I called to Morgan Petty to come and help me load some pumpkins. He came and we got a load, and when we started the horses balked and the breeching string broke. I drove on when I got started into the clover field. Here I met Jennie Petty. She said her mother said for me to come out there, as she had seen Tittle. I had a warrant for Tittle. I went on and met James Epps. He asked me if I heard the shooting. We then went up to the house, where I got two guns and gave Epps one. I stopped Mr. Miller at the gate and asked him if he had seen Elzey Tittle. He said, ‘No.’ Epps and I went on down to Petty’s. Mrs. Petty told us she had seen Tittle and Jim Miller across the road. I said that I had left my wagon in the field, so I took the gun from Epps and went back home. Mrs. Locker and another woman were at the house, and I told them that I had been looking for Tittle. I put the gun in the front room. Mrs. Locker then showed me her teeth. I told her that Lifus could pull her teeth for her. I then went back to the field, brought the load of pumpkins to the house and went back again. I then helped Morgan pull some corn. I then noticed a crowd of men in the road. Mrs. Whitworth hollered to me, and I went down there. She told me about the revenues being killed. I told her I was sorry that it had occurred. I then started home and told Morgan to bring the wagon on. It was unloaded.’ “At this point a recess was taken until 2 o’clock.”
“NASHVILLE BANNER” “Wednesday Evening, May 31, 1893”
“VERY THOROUGH” ________________ “Is the Examination of Witnesses For the Defense.” ________________ “Patrick on the Stand Five and One-Half Hours.” ________________ “Not Much New In the Conspiracy Case To-Day.” ________________
“Andrew Patrick was continued on the stand at the afternoon session yesterday. He was still in the hands of the defense giving his evidence in chief. “Be continued: ‘I never had any interest in the still nor any of its products. Lifus had it built when I had not yet laid my crop by. I worked at the still when he was not there, and was paid one dollar a day for my work. I was arrested with Lifus and taken to Fayetteville on a charge of wildcatting. He was tried before Commissioner Guild, but I never was tried at all. One day I was at Renegar’s store and some revenue officers passed. Somebody at the same time told me they had seen Elzey Tittle in my field. (Unintelligible) wcnt (sic—went?) to McGhee’s to borrow a gun (unintelligible) not get it. When I went home Lifus rode by with a Winchester rifle. He said he had written the revenues a letter and they had come and he was going to kill them and, if he didn’t kill them this time, he would again. I tried to stop him, but he went on. I never heard of any letter being written after this, nor did I know anything about the trap being set. I went to Fayetteville when Lifus told me this in order to get out of any trouble that might happen. I never opened my mouth to ’Squire Fentress about spilling lead among the revenues or anything else, for he and I are not on good terms. I never had any conversation with Mrs. Armstrong and her entire evidence is a pure fabrication. I remember the conversation with Mason at my table, in which we talked of a seizure in Alabama. I might have said something about Spurrier at that time. I don’t remember exactly. I got a written description of Robertson soon after the killing in order that I might have him stopped. Some of the boys told me that he took some money from Lifus’ body and I wanted to get it back. I went to Fayetteville and Holman & Carter told me I didn’t have sufficient proof that Robertson took the money. I told Mr. Miller no to say anything about seeing me with a gun unless he had to because I was Lifus’ brother and it might get me mixed up in the case. I saw some revenue officers pass my house on Sunday, Charley Koonts came by my house and told me they wanted me to come to Fayetteville next day. I went, and late Monday afternoon I was arrested by Mr. Ballou.(’) “‘Where you behind that log when those revenue officers were shot?’ “‘No, sir. If I had been I would not be here now.’ “‘Did you know that any such thing was contemplated or going to occur?’ “‘No, sir, If I had I would not have been seen with those guns in my possession.’ “‘I never saw those decoy letters till I came her. I knew that the first letter was sent, but I never heard of the second. Lifus had been in the Indian Territory three or four years and when he came back he brought a Winchester rifle. He got mad when I refused to go into the still with him and quit boarding with me. Lifus came to my house before day on the day of the killing. He came in and built a fire and went into the room he generally staid (sic) in when he was at my house. He ate very little breakfast and went out. I didn’t know when he left the house. I had no idea where he was going or what he was going to do. The next time I saw him he was dead behind the log. It looked to me as though his skull had been mashed in. It was understood in the neighborhood that Tittle had tried to ravish Miss Lizzie Parham. That was the reason the hunt took place when it did. Coil oil was put in the tanks at the distillery by someone. I smelled it. I also lost a mule and I charged Tittle with poisoning it.’ “The jury was then ordered to retire while the defense stated to the Court a bit of evidence that they wished to introduce. They desired to prove that Andrew Patrick made application to the government officials to be allowed to go before Spurrier for identification while he was in jail and when he first heard that Spurrier had said he recognized him behind the log. The prosecution objected and the Court upheld the objection until to-morrow when he would entertain the motion again. The jury returned and the cross-examination was begun.” “CROSS-EXAMINATION” “‘Mr. Shelton attended to the stilling and I did some work for Lifus. I sold some brandy at my house that was made at the still. I gave Miller some brandy in exchange for some fruit he brought to the house one night. I wanted to bring Lifus’ body to my house. My wife objected and he was taken to the house of my father. We were terribly distressed, but my father and I went to Fayetteville to consult lawyers in regard to the money Lifus had had in his pocket. That was all I spoke to them about on that day. I didn’t see any guns in Lifus’ hands the morning he came to my house. I saw two guns sitting on the piazza when I came in from feeding the horses. Lifus kept two guns at my house. He generally carried a Winchester rifle and a shotgun and pistol. “‘I have no gun of my own and carried none on the day of the Tittle hunt. I had a pistol. I drummed up the crowd that hunted for Tittle.’ “At the request of District Attorney Ruhm Patrick gave a detailed account of his every action from the time he ate breakfast up to the time he heard of the killing. He did so in a very clear, concise manner, without introducing unnecessary conversations and irrelevant incidents. He adhered strictly to the story brought out in the examination in chief, and never seemed to be at a loss what to say next. “Under the close questioning of Mr. Ruhm he grew somewhat nervous, and at times his evidence was contradictory. However, he never said anything that might be construed in the least incriminating. His nervousness may be traced to the fact that he has been very sick nearly ever since his first confinement in jail. “At 5 o’clock court adjourned to meet at 9 this morning.” __________ “To-Day’s Proceedings.” “Andrew Patrick was placed on the stand again this morning. The cross-examination was continued by Mr. Ruhm. “Witness continued: ‘I saw Elzey Tittle in about fifty yards of the still in September after it had stopped running. I ran to the house and got my sister’s gun and came back. Tittle was gone then. I don’t know whether the gun was loaded or not, but I think it was. I saw Tittle again after this down near the still-house. This was two or three days later. He was standing near a straw pile. I didn’t speak to him. I went to the house after the gun. He was gone when I came back. I met him before this one time while I was on my way to Huntsville, Ala. I met him in the road, but did not speak to him. I was present when Lifus sold Aunt Celina Howell’s effects. I think I met Tittle on the road to Huntsville before this sale. When I saw him near the still he drew his pistol and ran up the hill away from me. I did not tell Mr. Fenton Locker that I came near being captured by revenues. “‘I might have told him that I was thankful to neighbors for not coming around the still any more than they did. I knew that illicit things were being done at the still. When my mule died I charged Elzey Tittle with giving him glass, thought I had not seen him in over a year. I saw the revenue officers pass Renegar’ store, going towards my house, on September 22. General came along in a few minutes after this and told me that he had seen Tittle in the neighborhood of my father’s house. I then went to McGhee’s to borrow a gun for General to hunt Tittle with. Spurrier and some other officers came by my house with old man Anderson Tucker under arrest one day last spring. Spurrier stopped at my house, and I think that is the first time I ever saw him. I never had any conversation with Ella Armstrong about revenue officers, as I didn’t know her very well. Baker never saw me with a gun in company with Lifus near his house.’ “The witness was allowed at 10:30 o’clock to retire from the stand after having submitted to the closet and most continual examination for five and one-half hours, most of which was yesterday afternoon. He seemed evidently relieved by the change. “Petty was placed on the stand and asked if he owned a gun. He said that he had a single-barreled shotgun which belonged to him. “W. H. Calhoun—(‘)I have been a civil engineer for fifteen or twenty years. This is the map I made of the grounds in the vicinity of the shooting.(’) “Capt. Calhoun then took the map and explained it to the jury. He answered accurately all of the questions asked him by the attorneys as to various distances and the positions of the murdered and wounded men at the scene of the killing. He said that it was two-thirds of a mile in a direct line from Andrew Patrick’s house to the scene of the killing. He stated that his survey was made about two weeks ago. He could not give the exact measurements of the elevation and depression at the spot where Spurrier lay. “Mrs. James Henderson—(‘)I did not see Andrew Patrick pass through my yard on the day the revenue officers where killed. James Epps was not there that morning that I know of. I ate breakfast about 7 o’clock. About 8 or 9 o’clock Sallie Richmond and I went into Mr. Patrick’s cornfield to gather some beans for dinner. I saw Morgan Petty and Andrew Patrick in the field loading some pumpkins. I could see them distinctly from where I was. I then went directly home. As soon as I got in my yard I heard some fast shooting. This was about five minutes after I saw Patrick and Petty in the field. It was two hours after this that I heard about the men being killed.” “CROSS-EXAMINATION.” “I am the mother-in-law of both Epps and Petty, but am no relation of Andrew Patrick. I never got closer than fifty yards to Patrick and Petty in the field. I was pretty near to Mrs. Whitworth’ wash place. Jennie Petty came very often to tell me about Tittle. I don’t know whether she came that morning or not. I don’t remember whether I told Mrs. Locker that she did or not. I haven’t seen Tittle in over a year.(’) “J. T. Stubblefield—(‘)I live in Alabama. I was at Mr. Williams’ and saw Mr. Epps there the night before the killing. I ate breakfast between 6 or 7 o’clock next morning and started to Fayetteville about 7 o’clock with Mr. Nippers. I saw Epps at his home as I passed there. I saw Andrew Patrick in his clover field in a wagon. I stopped and talked with him about fifteen minutes. I went on towards Fayetteville when I left him. We stopped at Downing’s shop and , while there, I heard several shots coming from the direction of where the killing occurred. I heard of the killing in Fayetteville about 1 o’clock. J. B. Patrick brought me from Alabama to his neighborhood and then I was brought on up here. I was arrested and put in jail at Fayetteville. J. B. Patrick went on my bond. While I was talking to Andrew Patrick I noticed a woman washing at the side of the road. I have never made a previous statement of this matter. “At this point a recess was taken until 2 o’clock.”
“NASHVILLE BANNER” “Thursday Evening, June 1, 1893”
“NEARING THE END.” ________________ “The Defense Will Rest Its Case To-Day.” ________________ “Only a Few More Witnesses in the Patrick Case.” ________________ “Lizzie Parham Gave Her Testimony This Morning.” ________________
“J. T. Stubblefield was continued on the stand at the afternoon session of the Federal Court yesterday. Only a few unimportant questions were asked him, however, before he was told to stand aside. “Mrs. Bud Whitworth—(‘)I was at my wash place at the side of the road on the day the killing occurred. I commenced to wash shortly after sun-up. I heard some shooting that morning between 8 and 9 o’clock. At the time I heard this shooting I saw Andrew Patrick and Morgan Petty in Patrick’s field. Miss Belle Downing was with me and called my attention to them because their wagon, loaded with pumpkins, was balked in the filed. I also remarked to her that somebody must be doing a good deal of hunting. Mrs. Ella Armstrong was the first who told me about the shooting. The crowd passed up the road and I called to Mr. Patrick and told him about the shooting. He then went up towards his still-house. Morgan Petty followed soon after with the wagon.” “CROSS-EXAMINATION.” “(‘)’Squire Ventress told me to tell Lizzie Parham to go to J. B. Patrick and tell him that she knew something against Andrew and he would pay her the $5 that Lifus owed her. This was last spring. When I heard the shooting Belle Downing said something about Marion Koonts hunting on the hill. It was uncommon shooting, but I didn’t notice it particularly. I did not say at John Edmonson’s house that I saw Andrew Patrick in his field about 7 o’clock and he went away and came back again after the shooting. I had heard about the killing before Ella Armstrong came, but knew no particulars. Patrick and Petty came into the field again while Ella was there. This was before ’Squire Porter and his crowd passed. I didn’t tell Mr. Patrick about the shooting until the crowd had passed, because I didn’t want them to hear me holler to him. Before this Tittle came to my house with his wife and children. They staid all night there. I heard Lizzie Parham scream and run into the front room where she was. She said Tittle had drawn a pistol on her. She said she had been thinking about Tittle and thought it was him. She was not sure. Lizzie was at this time engaged to Lifus Patrick. This was two days before Aunt Celina Howell died. The last time Elzey Tittle brought his wife to my house the White Caps came after him but he was not there.’ “As the witness was leaving His Honor asked her how long it was after she saw Andrew Patrick in the field before she heard of the killing. She replied that it was just about as long as it takes to do a day’s washing. The judge didn’t know how long that was. ‘Well,’ said the witness, ‘if you don’t know how long that is I can’t tell you how long it was.’ His Honor shook his head dubiously and the jury and hangers-on in the court room laughed aloud at his evident discomfiture. “Mrs. Morgan Petty—(‘)I heard the shooting on October 7 last and thought Tittle had shot Morgan. I told Jim Epps so, and he went out to see about it. Petty soon came back and both had guns. I was afraid of Tittle because he came by my house one day and shot at me with a pistol. The day the Patricks were tried at Fayetteville Tittle stood in front of my house with a big pistol. He blew a whistle and every time I came to the door he laughed at me. On the day the killing occurred Tittle and Jim Miller passed by my house and Tittle shook his shotgun at me. They disappeared in the woods across the road from my house. This was just after Jim Epps had left. I sent my daughter up the Mr. Patrick’s to tell him about it. I made a statement to several officers one day, but I was out of my head with fever at the time. Patrick and Epps didn’t ask me for any caps or ammunition. I am certain of that. I told the revenue officers the sam ething (sic). I told them also that I did not see anybody pass the house with a lumber wagon or anything else. I also saw Patrick and Epps coming down the road with their guns before they reached the house. I don’t remember whether I told Epps that I had seen Tittle or not. When I gave that statement to the revenue officers I was sick in bed and staid in bed three weeks afterwards.(’) “Mrs. A. J. Patrick—(‘)I was at home the day the killing took place. I saw Lifus that morning. He took breakfast with us, but did not eat much. He got through before we did, and I didn’t see him any more that day. I heard the firing on the morning of the killing. Andrew came in very soon after that with Jim Epps. The next I saw of them they were talking to Mr. Miller at the front gate.(’) “The cross-examination, though taking up considerable time, brought out absolutely nothing new or interesting. “Jennie Petty was the next witness placed on the stand. She is only about 10 or 11 years of age, but played rather an important part in the happenings before and after the killing. The Judge talked pleasantly to her before the examination began. “She said, (‘)I was at home when the killing took place. I heard the shooting. Jim Epps was at our house then. She went up to Patrick’s. Mamma thought Elzey Tittle had shot papa, and she sent me to get Mr. Patrick to arrest him. I saw Tittle before I went. I told Mr. Patrick and he and Mr. Epps came down to our house. Mamma said Tittle had gone too far for him to catch him, so Mr. Patrick went home and so did Mr. Epps. I saw Tittle shoot at mamma from a two-horse wagon one day.(’) “Morgan Downing—(‘)I am postmaster at Renegar’s store. I went out to the killing spot with the crowd from the store, and I didn’t see Isom in the crowd. I looked at Lifus Patrick, and his head looked like it had been mashed. It had one bullet hole in it. I carried his hat part of the way home, and counted sixteen holes in it.(’) “Witness also passed up the road by Patrick’s house that morning. The story of this trip in detail developed nothing new. “Court then adjourned to meet again this morning at 9 o’clock.” __________ “To-Day’s Proceedings.” “The court-room was about bare of spectators when Judge Taft entered this morning. “W. E. Cunningham testified—(‘)I was at Flintville the day the revenue officers were brought in there wounded. Robertson said that if Lifus Patrick’s gun had not been out of fix he would have killed them all. He also said that Nathan fell first, but I don't know who next. I did not hear Harris say that he saw two men run away from the log.(’) “R. C. Williams—(‘)Jim Epps was at my house the night before the killing. He staid until about 9 o’clock. Mr. Stubblefield and Mr. Nippers were also there. They left about 7 o’clock next morning. I live about a quarter of a mile from Epps’ house. I live about a mile from Patrick’s.(’) “Mrs. R. C. Williams was asked the same questions as her husband who had preceded her and gave identically the same answers. “Zack Ivey—(‘)I told Jim Epps about the killing at his house between 11 and 12 o’clock. He said that he had heard some shooting at Morgan Petty’s that morning and that it was awful. He was washing and wore a dark wool hat. We started to the killing, but were told that the bodies had been moved and we came back.(’) “Robert Ivey is Zack’s son and he told substantially the same story as his father with the important exception that he denied that they started with Epps to the place of the killing. “Mrs. Whitworth was recalled by the defense and asked who told her that Patrick’s tanks had been coal-oiled. She said that Elzey Tittle told her on the day he came after his wife. He didn’t say that he had done it or anything else to the effect.(’) “Bud Whitworth—(‘)I was at the place where I now live on the day of the killing. That is about three-quarters of a mile from where I lived then. I left home about sun-up. I heard some shooting that morning. It was very fast shooting. That place is nearer the shooting ground than where I lived then. That was a still morning. In that neighborhood on clear days you can hear gunshots two or three miles.(’) “E. L. Miller—(‘)I out the ball out of the sapling near the log. I think it was shot from the direction of the head of the log where the branches were. Some small twigs had been clipped in that airection (sic—direction?). I think I am right about this, though I am not sure.(’) “Robert Douning (sic—Downing)—(‘)I run a blacksmith shop on Stewart’s Creek. I was in the shop on the morning of the killing. Stubblefield and Nippers came by there at that time. Pulver came up soon after and told us about the killing and borrowed John Edmonson’s horse. Later on I saw Isom at Renegar’s store. Isom did not go to the place where the killing occurred. I was on the jury of inquest over Lifus Patrick’s bod (sic). His forehead had been mashed in. I took part in a test of hearing the shooting at Mrs. Whitworth’s washing-place. I nid (sic—did?) not hear the shooting with a shotgun.(’)” “CROS -EXAMINATION (sic)” “(‘)John Edmondson was the one who disagreed with the rest of the jury about Patrick’s head being mashed in. Morgan Downing passed my shop after Stubblefield and Nipper had left, and some time after I heard the shooting. Pulver came along about three-quarters of an hour after the shooting.(’) “(Unintelligible)oone Grills—(‘)I run a blacksmith shop at Renegar’s store. Isom was at my shop on the morning of the killing. I don’t think he went out to the place of the killing with the crowd. When we reached the long Andrew Patrick was with us and said: ‘Boys, Lifus killed all of these men, didn’t he? He had no business being here.’ When we started back Andrew went ahead to tell his wife, but we carried the body to old man Patrick’s. I lay in the road where Mr. McClelland said Spurrier lay, and some men that I knew ran away from the log. I could not see them until they passed the root of the log and then I could only see the backs of their heads and could not recognize them. I took part in the test at Mrs. Whitworth’s wash place and heard the shots fired at the place of the killing. On a still, clear morning shots can be heard three miles in that country. These tests were made two or three weeks ago.’ “W. W. McClelland—(‘)By the use of a level I learned that the top of the log was 4 feet 11½ inches higher than the spot where Spurrier’s head lay. Where I first placed Grill he could not see the men run away, but when I told him that Spurrier could move his head he could see them slightly.(’) “Squire G. W. Porter—(‘)When I met the revenue men coming from the killing I told them they would have to stop, as I had been sent for to hold an inquest. Mr. Robertson drew his gun and told me that he would not stop, but that I could go on down the road and find a dead man behind a log. I found Mr. Harris’ gun lying between the log and the road. I heard some guns at my place which were fired at the place where the killing took place. I live two miles from there. I don’t know who fired those guns. There were about twenty of us in the crowd that met Robertson with the wagon. I don’t think either one of us was scared much. I didn’t have to exercise any authority to keep to (sic) crowd from following them. It looked to me as though Lifus Patrick’s head was somewhat crushed.’ “Miss Lizzie Parham—(‘)I was sitting in my chair one night and when I looked around I saw two men. One had a pistol and the other had a gun. I thought one of them was Elzey Tittle. I screamed and fainted and some of the neighbors came in. Next day there was a hunt for Tittle. He had been there before that summer when Aunt Celina was sick. He had a big pistol and threatened to shoot Mrs. Howell. He then got into a wagon with his wife and children and rode off with his pistol in his hand. He also told me one day that Patrick’s tanks had been coal oiled. He said that he was going to get even with them for the way in which they had treated his wife.(’)” “CROSS-EXAMINATION.” “(‘)I was engaged to be married to Lifus Patrick at the time of his death. When Tittle’s wife tried to keep him from going into Aunt Celina’s room he threatened to use his pistol on her. When he got to the gate he said that if Patrick’s folks thought Tittle was afraid of them just let them try Tittle and they would wade in blood up their necks. I said that I thought I heard Aunt Celina breathing the night I got scared. I thought I saw Tittle’s face when I looked around. I know it was not Lifus Patrick. I was at Hazelgreen, Ala., when the shooting occurred. I got a note telling about it without any name signed to it. When I made a statement to the revenue officers I didn’t say anything about the Tittle affair because they didn’t ask me.(’) “J. B. Solomon—(‘)Mr. Harris told me that he was on the same side of the log as Lifus Patrick, and he didn’t see anybody else. He said he thought the body was that of Doc Cooley at first. I used to be a farmer and distiller. I have gambled some, but I never followed card-playing for a living. I never run a gambling-house at Fayetteville. If I have two children by a negro woman and live with her as my wife, I don’t know it.(’) “John Harben—(‘)I have known Dave Harris twelve or fifteen years. I had a conversation with him last October about the killing. He said that he didn’t see anybody but Lifus Patrick, but say man with reasonable sense would know that no one man could do all of that killing.(’) “W. A. Caldwell—(‘)I am a Constable in Lincoln County. I know Dave Harris well. He told me at Flintville that Mather fell first, Cardwell next and Spurrier last. We were in a saloon at the time.(’) “J. A. Fornwalt—(‘)I am an undertaker at Fayetteville. I buried Aunt Celina Howell about two months before the revenue officers were killed. While out there I went over to Patrick’s still and smelled coal oil in four tubs of apples. Lifus told me that Tittle had put the oil in the tanks and spoiled about $500 worth of apples. I prepared Lifus Patrick’s body for burial about 8 o’clock at night. He was shot behind the ear and there was a black mark across his forehead. When I put my hand on the spot the skull sank in and blood ran out of his ears and nose. It was a streak and not a round hole. His nose was also fractured. I brought a gun here at the request of Judge Carter. I think is was loaded.(’) “At this point a recess was taken until 2 o’clock.”
“NASHVILLE BANNER” “Friday Evening, June 2, 1893”
“THE FEDERAL COURT.” ________________ “Tittle Is at Last Put on the Stand.” ________________ “His Evidence Given Yesterday Afternoon and To-Day.” ________________ “The Argument in the Case Begins This Afternoon.” ________________
“Mrs. Andrew Patrick was recalled at the opening of the afternoon session of the Federal Court yesterday. She said she saw Misses Belle Downing and Cordelia Koonts pass her house about half an hour after she heard the shots fired. “Henry Counts—(‘)I saw Robertson in Flintville on the day the killing took place. He said that if a shell had not hung in Lifus Patrick’s gun, he would have killed the whole crowd. He said also that he found a shotgun on the ground broke ready for loading, and some shells lying near.(’) “H. W. Counts—(‘)I was at Flintville when the dead revenue men were brought in. I saw Mr. Robertson, and heard him say that Lifus Patrick would have killed all of them if a shell had not hung in his Winchester.(’) “Charley Koonts—(‘)I heard Miss Lizzie Parham scream at Mrs. Whitworth’s, and I ran down there. I then went to Andrew Patrick and told him that Tittle had been frightening Miss Lizzie. He got out of bed and went down there with me.(’) “Hick Koonts—(‘)I didn’t see Isom at the place of the killing. I saw Elzey Tittle in the neighborhood two or three times about August 5.(’) “General Patrick—(‘)I am a brother of the defendant, Andrew Patrick. On one day that the revenues were in the neighborhood I saw Elzey Tittle up by my father’s house. I saw Andy at Renegar’s store and got him to go to McGhee’s to borrow a gun for me to hunt Tittle with. I have heard Tittle threaten Morgan Petty a dozen times. I arrested him when he had the fight with Morgan. “(‘)’Squire Ventress told me on several occasions that he knew nothing against the defendants and that they were innocent. In April he asked me to turn over on the other side, as old man Patrick, Jim B., and Andrew had always been my enemies. He also told me that he expected to get Spurrier’s place under the next administration. The gun I brought up here to court was given me by Judge Carter. It belonged to my sister-in-law, Mary Patrick.(’) “A. W. Williams—(‘)I live in West Nashville. I was with Mr. Spurrier eighteen days and nineteen nights after the shooting. He told me that at the first shot Mathes (sic) started to fall and he tried to catch him, but fell himself. He fell with his head down and thought he heard somebody run off, but he couldn’t move hand nor foot. He further told me that he knew he was going to die and he didn’t want to leave anybody in trouble and that he couldn’t swear who shot him. This was after the Grand Jury had been there. I don’t know whether he said he recognized Andrew Patrick or not in my presence. He couldn’t move his head except with the most careful handling.(’) “William Lynch—(‘)I am an engineer on the Fayetteville branch. I saw Spurrier on the day of the shooting. I asked him if he knew how many or who shot him. He said no, that he fell before he had time to see anybody. He told me this while the train was stopping.(’) “I. N. Preston—(‘)I was constable in the Third District of Lincoln County for six years. I saw him at Flintville after he was shot. He said that a moonshiner had shot him from the bushes but he didn’t know who it was.(’)” “CROSS-EXAMINATION.” “(‘)My term is out now. A judgment was rendered against me and my sureties for taxes said to have been collected by me. The case has not been settled yet. There was a crowd around when I spoke to Spurrier.(’) “Dave Harris—(‘)I saw Fletcher Corder soon after the killing at Brighton. I did not tell him that I saw no one behind the log but the man that was killed.(’) “William Eakes—(‘)I saw Miller cut the ball out of the sapling near the log. I am a cousin of Andrew Patrick. The ball came from the direction of the top of the log.(’) “R. K. Locker—(‘)James Epps asked me to write to Mr. Ruhm and tell him that if he wanted him he was at home. This was after I had heard that Epps was hiding out from the revenue officers.(’) “Mrs. Fannie Moore—(‘)I am a sister to James Epps. I sent for him to come to my house, five miles above Fayetteville, to see his grandchild buried on the Sunday after the killing. He staid up there four or five days, as his daughter and father were sick at the time, and have since died.(’) “J. P. McGhee—(‘)I know Andrew Patrick. His general character has been, so far as I knew, good. I haven’t known Epps long, but his character is good for peace and good order so far as I know. I have known Morgan Petty to have one or two difficulties. My wife is a second cousin of Andrew Patrick’s.(’) “Robert M. Koonts said that as far as he knew the defendants had good characters for peace and good order. Morgan Petty was known in the neighborhood as a simple-minded man. “H. M. Koonts verified this statement. C. T. Wicks did the same, but he added that the Patricks sometimes traded brandy for fruit at their distillery. William Williams, Sheriff of Lincoln County, knew nothing against Andrew Patrick except that he was under arrest for running a wildcat still. He didn’t know Epps very well, but had always considered Petty rather weak-minded. J. A. Farnwalt gave Patrick and Epps an unqualified character endorsement. He had not know Petty so long. He thought he was weak-minded and could be easily led. “W. W. Guild, Judge of the County Court of Lincoln County, testified to the good Character of all the defendants. Boone Grills did the same and was then taken in hand by the prosecution for rebuttal. He said that he passed Whitworth’s house about 7 o’clock on the night Lizzie Parham was frightened, and saw Lifus Patrick standing on the porch near the window. “Robert Downing, Marion Koonts, E. L. Miller, Tate Koonts, G. W. Porter, A. T. Renegar and J. W. Steelman, all attested to the peaceful character of the defendants with slight variations. The only point brought out by the prosecution was that Andrew Patrick was reported to be connected with the illicit distilling business. “Mr. Lamb then read a number of depositions of citizens of Lincoln County as to the peaceful character of the three defendants. “’Squire A. S. Moore, 81 years old, gave the defendants a good character, but admitted that he had received brandy in exchange for fruit at Patrick’s distillery. “At this point the defense rested their case and the government began their rebuttal testimony. “A ripple of excitement ran over the room as Mr. Ruhm called the name of Elzey Tittle. “Elzey Tittle—(‘)I was born in Cannon County, and live there now. I lived on Stewart’s Creek for a while, until August, 1891. I lived on Andy Patrick’s place the last year I was there. I remember having a fight with Morgan Petty. I was arrested and fined, costs and all, about $13. Andrew Patrick paid it for me. Morgan Petty took out a peace warrant for me, and, not being able to make bond, I went back to my old home. This wasn’t any fight at all, nothing but a little ground scuffle. I came back again last summer to get my wife at Aunt Celina Howell’s. This was the first time I had been back. I didn’t stay more than ten or fifteen minutes. I have known Lizzie Parham four or five years, and never said a harm word to her, and she never gave me any cause to . I went home that day in a wagon. I did not have a pistol. I stood up in the back of the wagon with my wife’s black fan in my hand. I did not on that or any other day shoot at Mrs. Petty or her house. A few days after this I heard about Celina’s death, and my wife and I and Matt Baker went back up there. On my first trip I did not own a pistol, and I did not start in Aunt Celina’s room with one and threaten to shoot my wife. On my second trip I only staid long enough to eat dinner. “(‘)I met Andrew Patrick as I was coming up on this trip. He didn’t speak to me, but did to Matt Baker. These are the only times I was ever in Lincoln County since 1891, when I left there. I never knew that Andrew Patrick had a still except by hearsay. I was never there, nor did I put any coal oil in his tanks. I first heard of this in Alabama. I knew nothing about his beforehand. I never stood in front of Mrs. Petty’s house and blew a whistle and shook my gun at her for half a day on September 27. I was plowing wheat land in Cannon County at that time. I never mentioned coal oiling tanks to Lizzie Parham. Andy Patrick and I had some words about the house I lived in but never had any fight. In a few days I left the place. I haven’t ridden in a wagon with old man Baker in four or five years. I was at a party Andy gave Lifus when he returned from Texas. I never had the least trouble with Lifus. After my second trip to the neighborhood I heard that White Caps had looked for me one night. I knew how to account for this, but never heard of any other hunt for me until I came here to Nashville. I was never near Patrick’s distillery with a pistol. I never knew that Patrick’s mule was poisoned.(’) “At this point court adjourned to meet at 9 o’clock this morning. “Tittle is a tall, pleasant-looking man and answered the questions asked him without hesitation.” __________ “To-Day’s Proceedings.” “Elzey Tittle was continued on the stand this morning and cross-examined by Col. Holman. All attempts to confuse him were without avail. “Elzey Tittle—(‘)On August 2 I was at my brother’s in Cannon County. On September 2 I was in Alabama. I swear positively that I did not have a pistol when I went to aunt Celina Howell’s. I swear positively that I did not curse or threaten my wife when I started to leave. I said to George Bates: ‘If Andrew Patrick and Morgan Petty jump on me, you keep one off and I will attend to the other.’ I had nothing to fight with but a pocket-knife and my fists, but they are pretty good. I had had some trouble with Andrew Patrick and Morgan Petty and expected them to jump on me. I only expected to act in self-defense.” “RE-EXAMINATION” “‘I was arrested once and brought to Nashville charged with killing a revenue officer. I was tried before a commissioner and released on the next day.’ “Circuit Court Clerk H. M. Doak was then placed on the stand to prove Elzey’s statement, but the defense objected and the court allowed the objection on the ground that this had already been proven by the witness himself. “Chris Hoover—(‘)I live two miles south of Woodbury in Cannon County. Elzey Tittle moved on my farm in December 1891 and stayed there until August. He was never away as much as two whole days at a time. He made a very good hand. When he left in August he said he was going to Alabama to follow his wife. I don’t think he was gone longer than three weeks. When he came back he went to his brother’s Sam Tittle. I only saw him occasionally after this.(’) “Sam Tittle—(‘)I am Elzey’s brother. He is living in Cannon County now. He came to my house in August, 1892, and stayed there until March of this year. He worked for me and was there all the time. He was never away at night that I knew of. He stayed at my house until October 1, when his wife came up from Alabama and he went to another house on my place about a quarter of a mile from my house. He did not go to Alabama after his wife. She came to McMinnville on the train. I live ten miles from Woodburry (sic) near the Warren County line. I swear positively that Elzey was not out of the county from September 1 to March 1. He was arrested by revenue officers during this time and taken to Nashville. He was never away voluntarily.(’) “Mrs. Elzey Tittle—(‘)I was born and raised in Lincoln County. My name was Whitworth. Old Celina Howell was an aunt of mine. I visited her twice last summer. Fayette Tanner carried me up there. My husband came after me, and George Bates drove us home in a wagon. My husband didn’t have any pistol. I came back with my husband and children after Aunt Celina’s death. Matt Baker drove us up there. He didn’t draw a pistol on aunt Celina or curse me. That’s something he don’t do. We went back to Alabama. I went from there to Cannon county, where my husband had gone, by myself. He never left that farm except the time the revenue officers took him away.(’)” “CROSS-EXAMINATION” “‘I went to Alabama on July 14 and returned to Cadnon (sic—Cannon) County the last of August. While I was at Aunt Celina’s the White Caps came after Elzey and I told them they could find him in Alabama. When I went back to Alabama I sold some of my property and came home on the money.’ “Dr. T. P. Crutcher—(‘)I know Albert Williams, who waited on Mr. Spurrier. He was a pretty good nurse as long as he stayed sober. We threatened to discharge him unless he quit drinking.(’) “E. S. Priest—(‘)This paper, dated October 23, is a memorandum made by me. This was Sunday night and Mr. Spurrier thought he was going to die.(’) “A discussion arose as to the admissibility of this evidence, and pending the decision of the Court Mr. Williams was recalled. “Albert Williams—(‘)I don’t recollect Sunday night, October 23. I remember a night when Mr. Spurrier thought he was going to die and Mr. Priest and others were present. I did not hear Mr. Spurrier say that he recognized who shot him. After Mr. Spurrier’s death I made out an account which Dr. Crutcher and Mr. Priest said was all right. I didn’t get this money and I told Dr. Crutcher that I had been badly treated.(’) “E. S. Priest, recalled—(‘)On the night I took that memorandum I called Williams and others up to M. (sic) Spurrier’s bed to hear what he had to say, as he thought he was going to die. Dr. Fryar was called in and said Mr. Spurrier could only live a few hours. A minister was called in. In the presence of these gentlemen he said that he didn’t think he would live until morning. ‘I don’t think a man ought to be too sure of anything in this life,’ he said, ‘but I am sure that I saw Andrew Patrick that day as I ever was of anything in my life.’ He said that he wasn’t sure whether the other man he was James Epps or Noah Cooper.(’) “John Edmondson—(‘)About two weeks ago I talked with Mrs. Whitworth about what she saw from her wash place. She said that Andrew Patrick and Morgan Petty left their field with a load of pumpkins about 7 o’clock in the morning. They did not return until just before the crowd came down the road. I talked to Mr. Nippers at Renegar’s store while Stubblefield was standing near. I never heard any shots nor did I hear any comment about any shooting.(‘)” “CROSS-EXAMINATION” “‘I have not been busy in making up evidence against the defendants nor have I been in communication with government officials. I have heard Mrs. Whitworth tell two different tales about what she saw.’ “C. C. Spiers—(‘)I live in East Tennessee. I was on Patrick’s farm Wednesday after the killing. I went into and examined the corn-field. I saw no wagon track cross between the corn-field and the stubble-field.(’) “Charley Koonts—(‘)Epps came and hollered for me one night about four days after the killing. I went out and he came up into the the (sic) yard and said he had been out for a day or two and hadn’t had anything to eat. I don’t remember whether he said he had been hunting his cow or not.(’) “E. A. Norvell—(‘)I went to Epps’ house one night about 10 o’clock, and he was not at home. We then went to his sister’s, where his folks said he was, but couldn’t find him. This paper was written by Mr. Kinsely and signed by James Epps. I read it over to him and swore him to it myself.(’) “After some discussion, Mr. Tillman was allowed to read the paper to the jury. It contained nothing very contradictory or of a startling character. “B. H. Domer—(‘)I was present when Dave Harris and Fletcher Corder had a conversation on the evening of the killing at Brighton. Harris said that he saw three men at the killing behind the log.(’) “Morgan Downing—(‘)I passed Whitworth’s house the night lizzie parham was frightened. I saw Lifus Patrick on the porch. This was after dusk.(’) “At this point the government finished their rebuttal. “The defense then place George Bates on the stand for sur-rebuttal. This is the man that drove Tittle and his wife to and from Aunt Celina’s house. He said that Tittle did have a pistol, and when he had gone a little way he stood up in the wagon and fired it. “Witness stated further that he had been brought here by the government, but had refused so (sic—to?) say anything until he was on the witness stand. “At this point the defense announced that they had closed. “An agreement was then reached between counsel for both sides with the Court by which the government was allowed six hours for argument and the defense seven. The difference is made because there will be three speakers for the defense and only two for the prosecution. “His Honor called Mr. Ruhm’s attention to the fact that he had not proven that the murdered officers were citizens of the united States. He did so to keep the trial from going off on a mere technicality. “After some time, His Honor announced that sufficient proof had been adduced to warrant him in charging the jury that dead officers were citizens of the United States. “He further announced that a recess would be taken until 2 o’clock, when the argument will be begun. He will sit until 5:30 o’clock, take a recess until 7:30 and adjourn at 10 o’clock to-night. If necessary court will convene at 8 o’clock in the morning, so that the case may be given the jury by 6 o’clock.”
“NASHVILLE BANNER” “Monday Evening, June 5, 1893”
“FREE MEN AGAIN.” ________________ “Patrick, Epps and Petty Are Acquitted.” ________________ “The Jury Reached a Verdict in Thirty Minutes.” ________________ “Judge Taft Gives an Able and Impartial Charge.” ________________
“On Saturday night at 8:35 o’clock, by the verdict of a jury of twelve men, Andrew J. Patrick, James Epps and Morgan Petty were given a freedom which they knew well how to appreciate, as men who had languished six months in Davidson County’s dark dungeon, with their lives in constant lawful menace in expiation of the crime charged against them of murdering Deputy Collectors Spurrier, Caldwell and Mather in Lincoln County last October. For two long weeks they have been submitted to the racking strain of a trial for their lives, and when, in response to the usual interrogatory by Judge Lurton, Foreman W. A. Wray, of the jury, arose and said simply ‘Not guilty,’ there was an evident relaxation that sent a tremor of relief over the prisoners, and gave birth to a burst of disorderly applause from the spectators. “With the facts set clearly before them it took the jury just thirty minutes to reach a verdict. When their finding was in there was a general all-around hand-shaking as the released prisoners were taken in hand by their friends and the weary jurors hurried to their homes. “The defendants were also charged with illicit distilling, but, on motion of Mr. Ruhm, their cases on this count were continued until the next term of Court.” __________ “Saturday Afternoon’s Session.” “When the Federal Court convened on Saturday afternoon there was a little larger attendance of spectators than usual, owing to the fact that the great Patrick-Epps-Petty trial was nearing a verdict. “At 2 o’clock Hon. G. N. Tillman began the concluding speech for the government, and the last speech in the argument of the case. “Taking advantage of the chance for rebuttal, accured (sic) to him by the precedence of the entire argument for defense to that of his own, Mr. Tillman made a strong attack on their construction of the evidence. In addition to this, he made a most thoughtful and studied exposition of the government’s theory of conspiracy in a somewhat different light from that already taken by Mr. Ruhm. “He took the ground that the testimony of the defendants and their wives was worth absolutely nothing in the final judgment of the case. It was the most natural phase of human nature, he said, that they should do all in their power, whatever sacrifice of principle might be involved, to clear themselves of the awful charge under which they stood indicted. “Mr. Tillman concluded his argument at 4:30 o’clock, and Judge Taft immediately began the deliverance of the charge to the jury. “After citing the law in the case under which the defendants were tried in the courts of the United States, His Honor proceeded to an analysis of the case in hand. It was not necessary, he said, for the jury to bring in a uniform verdict against all the defendants. Any one of them might be discharged or found guilty while the other two were convicted or released. The jury should not fail to consider circumstanstial (sic) evidence as conclusive because innocent men may have hung on this theory. Moreover, the doubt, if any existed, should be allowed to weigh in favor of the defendants. It should be considered squarely for what it was worth. If any of the defendants were behind that log, then they were guilty; if not, they were not guilty. The crucial question as to the log is whether there were others besides Lifus Patrick concealed there. The evidence warranted the belief that there were. Spurrier’s statement as to the presence of Patrick and Epps behind the log could be accepted as a circumstance leading up to their guilt, but must not be, considering the mass of impeaching testimony, considered as absolute proof of their implication in the murder most foul. As to Morgan Petty there was no proof of his guilt, and he, therefore, charged, (unintelligible, but in essence: the jury to render a verdict of) ‘Not Guilty.’ From his close companionship with Patrick on the fatal morning it would seem if Patrick was guilty that he was withholding important testimony. But their crime could come under the jurisdiction of this court. ‘As to the guilt of Patrick or Epps,’ Judge Taft said, ‘I have tried to refrain from leading you, merely attempting to set forth the relative bearing of the vast amount of evidence that has been adduced. You may find a verdict of murder in a less degree than the first or you may acquit them honorably. Gentlemen, the case is in your hands.’ “As ten minutes to 6 o’clock the jury retired to consider the case. “A recess was then taken until 7:30 p. m. “When the Judge instructed the jury to bring in a verdict of not guilty for Morgan Petty the prisoner seemed not to recognize the meaning of the statement. There was absolutely no change in the expression on his blank face. When the court adjourned Mr. Lamb went into the prisoner’s dock where petty sat with his wife and asked: ‘Morgan, do you know what they are going do with you?’ “‘I reckon they’ll let me go!’ “‘Yes, the Judge has already ordered your release.(’) “‘That’s what I thought all the time.’ A childish smile spread over Petty’s prison-bleached face, and a new light appeared in his constant wife’s countenance.