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*1 <nw i i ? . liie Press and Banner. Bj Hngh Wilson and II. T. Wardlav. Wednesday, Oct. 27, 1880. "n-RMnnnATic TICKET. Fv>r President. \VIXFIEIjD Si. 1?.vN( of Pennsylvania. K.ir Vice-President. Wlfc-HAM H. JiXULlslI, oflndianu. ESTATE TICKET. For Governor: vOHXSOX HAOOOD. nontenant-' JnviTiior: JOHN D. KENNEDY. Secretary of St.itc: ROBERT M. SIMS. Coniptrollcr-UtMHTftt: JAM FX C. (OIT. Attornoy-Ocnernl: I.EROY F. YOUMAXS. Adjutant and Inspector-General: A. M. MAXIttAFIX Superintendent of Education: HU(5H S. TIIOMISON. State Treasurer: JOHN P. RICH AltDSOX. . * . . For Conscrcss?Third District: D. WYATT AIKEN. For Solicitor?Eiuhth Circuit: J. S. COT 11 RAX. ? ^ PRESIDENTIAL ELECTORS. At Lnivc?Jno> !? Manning. William Elliott. First District?E. W. Molse. Second District?('. H.Simonton. i 'J'htrii District? J.S. Murray. Fourth District?Cad. Jones. 4V Fifth District?G. W. Croft. * COUNTY TICKET, For the r.fRlsiut an*. J. 1). NKKL, W. H. I'AitKKR, F. F. GARY, J. II. MOltRAH, M. C. TAGGART. For Jud^c of Probate. J. FULLER LYON. For C?erk of Court. M. G. ZKIGLKK. For Sherlir. .T. F. C. DitFRE. School Commissioner. K COWAN. CoHWt.y Commissioners. \\\ T. COWAN, J. F. LIYIXGSTOX. W. II. McKINNEY. Coroner. JAMES SIIILL1TO. % INTERESTING CASE. TIjc Indictment of Charles A. McClnngr and J. Campbell Martin for Murder of I,. Ppmfcrook Guffin, \ ... ttt Abberille, Sept, 27, 1SS0. Thursday Morning, October 21. 1880. At ton o'clock Deputy Sherifl J. II. Walker came Into the court room with the prisoners diaries A. McClungand J. Campbell Martin who were assigned seats within the railinc Nvhich separates the auditorium from that part of the room where the Court and officers sit. As they went up the steps a great throm; of spectators followed. Kvery bench was till ?-d ai d all the standing room was occupied, The races were represented in about equal numbers?the whites sitting on the seats 011 Mhe right of the aisle as they uus?e?l in, and Uiecorored l>oople occupying the other side. We heard the remark that the court room had never been its full on any previous occasion. 1"hc Sheriff placed a guard at the head of the nl?lc, at the opening in the railing, and none were admitted within, except the members 01 the Har, Jurymen, witnesses, officers of the Court the parties interested in the ca<e, and a very small number of others, including members of the press. About fifteen minutes after the arrival of the prisoners, and the seating ol the vast concourse of people present. Ills Honor appeared and occupied the Judge'? bench, when he said: "The wise ol the State iiiialnst Charles A. McCluns and J. Campbell .Vlartlu Is to be tried this morning." Solicitor Cothntn?The State Is ready,sir. Judge Mackey ? Are the defendants In Court? Sheriff Durre?They arc, but their counsel are not. Judge Mnckey?Have them cnllcd. Thert are no counsel of record. I Tho^herlft' thereupon ordered the erier tc call Messrs. Burt, Gary, GrayJon and Magill, In a fev minutes these gentlemen, accompa nloil by Mr. HughL. McCTung,Jr.,brotherorC. A. Mcelling, eame into court, the Attorney* occupying chairs at the table on tlieleft of tlx CourtandMr. McClung sat immediately in rear of them. Solicitor Cothran sat on tin. * opposite side, with Mr. C. W. Outtin, brother of the deceased, near by. A number of ladle* and children, relatives of Mr. McClungsal with!ii the railing to witness the ordeal through which tue prisoners were to ge through. Mr. W. B. Murtln, brother of Mr. .J Campbell Martin, was in court. When all were seated and a breathless silence prevailed Mr. Gary said?The counsel in (his case ask the Court to grant them fifteen minutes in which to prepare some papers for cousidera tlon by the Court. Jtidje Macke.v?The request Is granted. The counsel in this ease, Messrs. Burt, <5nrv, <5ravdon and Mngill retired to the jury room, jf#n the left of the court. They returned ai'iei 3 nlitoni'it mid iicriinit-d their seats at 4Uc Oar, when ixxlsc Mnckcy said?The case of the State fc2?in?!t Charles A. McClungand J. Campbell Marbtn I* to be tried. Is the State ready tc proowd? SolieiforCothran?Yes, sir. Judge Ntockey?This is the hour assigned for the work. Mr. Hurt?If your Honor please*, I would state that I tvas absent yesterday morning, when the motion for postponement was made. My friends inform me that the motion was refused by your Honor, but with leave to renew the motion t is morning if we thought ? flt to do so. If am correctly informed, we . . will, with yow? Honor's permission, renew that motion. Doe* the Court grant us the privilege of renewing? 4 Judge Mackey?Ves, sir. Mr. Burt?I beg k-ave to submit TWO AFFIDAVITS. sfxtz ok Sol'tii CxkoVisx?Cou.ntt or Abbeville. The State against C. A. McClungand J. C. Mai tin. Indictment,*ir Murder. P*ncnKAt_t.T unneared befnro me Arinintead Burt. I). H. M&glU, Eugene B. Gary, and Ellis G. Grnvd -n, Counsel for the Defendants In above c.w, who being <lnly sworn, say that (he testimony of K. 1$. Cade in material to sup|>ort the defence of the above named r Defendants, as they are Informed and believe. That this motion is not intended for tlelay, but is made olcly because they cannot go safely to trial without *ucli testimony. That ther hare mada nse of due dlWjence to procure the. testimony of said witness as is evidenced by warrant hereto attached. ABVUTK*I> BfRT, 1>. 11. mvsill. err,ens 1?. gaby, KI.LW G. Gtaydun. Bwom before me October 21, l&Sti. O. T. Caluoun. T. J. A. 0. 8ta? ov South Cakolisa?Covxty or AbbivVlle. 4 6ta?e of South Carolina vs. C. A. McClung and J. Campbell Martin, Personally appeared before mo Armisttwd Bart, David H. M gill, Eugene B. Gary, and Ellis G. Graydon, conusei for the defendants, who being duly sworn, say. that from the hiib state of excitement mi4 prejudice In the County against the defendants tliey believe they cannot sa'rly go to trial at this term of the Court or in this County. That this aliidavit is not made for the pnrpose of delay, but solely because it is deemed necessary to secure a fair and Impartial trial of the prisonei s. Abvjstkad Bcbt. D. II. Mauill, Evgrnk U. GARY. Ellis G. Giuydon. feworn befaTT tae October 61, 1Sj>0. U. T. calhoun, i. o. a. <*. Mr. Burt, after concluding the reading ol the above affidavit*, said: I have not the incanD of knowing the practice your Honor Uas adopted in motion* like this. I only know the action which other Courts have taken in similar canes. The case of Keegers vhs transferred from Anderson to Greenville for trial. We know of numbersof other eases where motions of this kind have been granted. I havehudalong expcrlencein the Courts and I have every confidence in the people o( Abbeville County, andastrong belief in the )>urlty and integrity of the Jurors who sit In this court room. Thereare occa>lons however when a community are transported into such a state of excitement that they are not fitted for the trial of cases of grave Importance Would your Honor pardon if we axk your re consideration of the motion of the prisoners counsel. They are in a position better t< ?vliu\t -4jc ?uvw iuau clu jr lhju v They know the danger ot the present cxcite Went and can feel Jo the atmosphere tin danger which !s invisible to others. It seem! to me, mny it please your Honor, that the do ference which the Bench has ever shown t< the Bar will induce your Honor to hear us 01 behalf of our clients on this occasion In, Kirs h motion for a change of venue, and second falling In the motion for a change of venue a motion for a postponement is made. hjollcllor?I have very little to say lr oppo Kltlon, to the motion by the defendant!' coun sel for a change of venue. If thore is in thl county a Mate of public indignation ngalns tbo prisoners. It is bccauscof tho crime whlcl has been committed, and the Indignation 1 jio more here than wouid be felt In any othc community where the facts might becom known. Ifthlsquictcommunlty istransporl ed, as my friend suggest*. It Is because of i *ense of tho commission of the crlmu. I se no other reason for the cxistcnce of the fact of which my learned friend spenks. Ther nrono personal considerations In the caso. ] I am correct, the transport of this com rnnoity rest* upon tho facts alone. I leav your Honor to consider the motion for a con tinuanceof tho ca*e. I see no reason for d< lay. It tho Jury are unduly Influenc ed, and theso prisoners are Improper! convicted, a new trial will be grantei by your Honor, and If your Honor err there Is a tribunal which may oorret even your Honor's mistakes. Mr. Burt?It your Honor will pr.rdon, mo will say a word in reply. I would suggeg that he forgets himself In his sUitemcni You will do your duty, without reference t * . . . any other tribunal or human being. I wll not say It was unkind but It wru sophistics In my friend to allege that the feeling in thi community against our client/) was causei by some adequate reason. If wehavesatslflei vour Honor that an excited public feellni exists against the prisoners, wbotber justly o not. It wjems that we have done all that wn necessary to meetyour approbation. Judge Slackey?Send up the affidavit*. Hm the absent witness been boundover to Court The affidavit* are sent up, Mr. Gary?He could not be fqgnd aftci 1lio affidavit was made. \V?j expected hlir here, but a tew days ago, he unexpected ly wen to Florida at the request of hi* brother. Judge Mack' y?The case of the Stat ougalns: Charles A. Mct.'lungand J. Campbell Martir charged with murder, has bc?n Fetdown foi trial at ten o'clock to-day. That hour hasar< rived. Tlie learned counsel In behalf of tht defendants moved, 1st, for a change of venue; and nee on d. for u postponement of the trial, owing to the high staleof excitement which piBvailB la the County where the Court sltff for f be trial of the case. They believe they cannot now safely go to trial In tbli <ountv. The motion for a change of venue Is Insufficient. I urn not awaie of any case where a change of venue lias been made upon affidavit* of counsel. Affidavits are generally made l?y citizen* of the County, in which the trial Is to take place, that the public und the Jury are unduly prejudiced a?ainsl thepriso' r>er. It has been held by tlie Circuit Bench th.U a motion to cliungo the venue must bt J made at least twenty days before Court. This J [ Court has never cjncurred In that opinion. I The otlVnce for which 11 man may be tried! j may have been committed within twenty! ' daysof tiiesittingof the Court. he dcfcnce j ] in tills cum* has made the motion in less tiian i itvre:;ty (fays, but as there are no statutes' I saying what shall lie done when, as In this! : case, til-- notice of twenty days could not bei be given, the motion to change the venue ! j will l?e dealt with as though it had been made in siulicicnt time, but I hold that the aliidavlt J | is not sustained. Assuming that the public! I excitement Is not sullicienttodeny these pris- j iir t. iul. tbe mot ion for a con tin u-i J mice Is refused. 'J'iit; Stale provides a protec-1 ittve (.unnl around the prisoner. The pre-' ! sumption is tnat lie Is innocent until proved j othei wise. The shield lulls only with aver-! ; <iict.of guiit. Nouuineua pierce hluithrough j this siiie:<l. However high the waves of nop- j uiar passion, however active they may beat1 j agn :11st the accused, they will bo rolled back ; when they reach tills building. Being gallsI tied of t:ie:e facts the motion for ucontinu-j ! ancu is denied. The tesilinony of R. B. Cade,) j in the opinion of the Court, is not material to j the trial of this case. It is set forth in theattlI davits that the motion is not intended forde| lay. When this motion wasllrst made I stated I to the counsel that. If any new fuels had been i ascertained, and they still desired a postpone| incut, they might renew the motion this | rooming. But no new loctN are brought out. The same facts are ulleged in this motion, that were staled when the motion was denied. A1 that time the counsel stated what testimony they expected the witness to make. It was cumulative. Merely to testify to some- j thing proved by another witness. The defendants' counsel contend that they have' ; Ol'< llirm mcnisci vtr? >> iniiii i\un- Kji nit-1 j Cin-uit Cuurt. but Ihwt refers, by Its very , terms, tocivil cams. | To delay the tiialof a case In consequence of ! tin; absence of a witness, the Court must be | satisfied of the importance ol the facts to be proved by him, and that due diligence lias j been made to secure his attendance. I Holding to the mandates of the Constitu! tion that trial should be without unnecessary I delay we shall proceed to try the case. When life is taken, and the prisoner is on trial, the Court will move with all the regards for humau life. 1 deny the motion for continuance. EMl'ANKLING THKJURY. Mr. Burt?If it. please the Court, And my friend, the Solicitor, does not objcct, I would like for the Jury to be seated ou this side of the room. Judv'c Maekey?Mr. Solicitor, is there any objection tocrantlnn Mr. Hurt's request, that the jury sit on the other side? Solicitor Cothran?It is usual, your Honor, to try such cases on this side, but in deference to the wishes of Mr. Hurt lam willing to make the chang?, Ju igc Muckey?The Clerk will procced to emt>auel tiie jury. Mr. Burt?I would like to know what Is j your Honor's practice as to allowing the Solicitor to make Jurors stand ailde. Solicitor Cothran?I would move to have the jurors sworn on their wirdire, and that they be required to answer the usual questions in Jmlge Mackey?I hold that the State mu?t exhaust its peremptory challenges beforo It can make jurors stand aside. There Is nothing In the ease of the Stuto against McNlnch i to the contrary. Solicitor Cot hran?There is a decision on thiK|>olnt. The State has the right to order every Juror to stand aside. ADMINISTERING THE OATHS, i Clerk Zeiglerthen administered the following oath to i>. W. Joy-Hlie siune oath being J administered to each Juror, as he was presented : i "You shall true nnswers make to all such questions us shall be propounded to you by ' the Court or by the ordei of the Court. So , help you God !" Judge Mackey then proceeded to examine D. \V. Jay us follows : This is the case of the : Slate against Charles A. McCIung and J. Campbell Martiu, charged with murder. Are | you related by blood or marriage to either of the prisoners, or the deceased ? Juror?No. J udge Mackey?Have you expressed or formed an opinion as to the guslt or innoceuce of either ol the prisoners at the bar? Juror?I have spoken of the matter. J udire Mackey?Are vou sensible of any bias or prejudice in this cause agalnBtthe prlsor ners or either of them? i Juror?No, sir. I know nothing about the i case except the evidence at the coroner's ln> quest. I Judge Mackey?The luror appears to bo InUltleroiit and Impartial. Mr. Burt?Will you ask him If he means the evidence published in the newspapers. Judge Mac-key?Does the juror refer to tbe [ evidence published iu th? newspapers. Juror?Yes, sir. > Solicitor Cothran?The prnctlce of directing J u rots to stand aside, Ac., &c. i clerk Zeiglcr proceeded to swear Mr. Jay. . when Mr. McClung objected. S. S. McBridewas next presented. HlsHon. or put to liiin questions in much the same i form as ttiose put to Mr. Jay. His uuswers being satisfactory to the pusoners, he was i sworn. I James Cothrnnjunior, was the next Juror | ca.led. After being questioned Martiu oojecti ed. A. C. Collins, hud thought of the case, but hud formed no definite opinion. His opinion > was an involuntary opinion, and not a rca. ponab!e conviction. Knew of no reason to I prevent liiin lroni giving an unbiased verdict. McClung objected to this Juror. George Smith, colored, said he had not expressed an opinion, though be had formed one. When asked if it was such an opinion as evidence would not change, replied 'No, sir." Martin objected to his sitting on the , jury. ,| Kiehard Jones, eolored, was the next Juror ; called. He was swoin. \V. It. Munday was thcu sworn. George W. Jones would have been sworn, but Met lung object.d. ; \Y. H.McKlnney confessed that he had form j in the newspapers, and McCluug objected to i Iiis Miting 011 the ease. W. H. It ice had formed an opinion and Martin objected to Ills being sworn. \\\ It. Duna passed muster and was sworn. 1). '/j. Keller was also acceptable alike to 'the prisoners and the Stale, and be was added ; to the jury. I Richard Romans, eolored, had read the eviI deuce published in the newspapers, and It was fatal to his chanceR as a Juror in this case. Mel/luiii: objected to hiiDi W. C. Martin iiad formed an opinion f'ora t,he evidence published, but had no prejudice or bias, which evidence could not ?ffecl. Sworn. V. R. ITlnton next laid his hand upon the book, while he looked upon the prisoners at ! the bar. and they looked ujx>n him. Mr. Gary said?I would like to know from what portion ol the County this Jnror comes. ! Judge Mackey?The Court can not make a I geographical division of the County. The ! County Is uot divisible. I Clerk Zclgier then offered the Juror to be i sworn. I Mr. Uravdon?"Will you wait a minute? Judgo Mackey?Certainly. The prisoners and their counsel had a short j consultation, after which euch of the prisoners wild, "swear him." J. IX Alewlne was objected to by Mr. Martin U. W. Collins had made n hypothetical ex! predion as to the guilt or innocence of tbeao| uuwt, and the prisoners objected to him as a Juror. | James Pratt was objected to by Mr. Martin. I R. \V\ Crawford was questioned thoroughly by the Judge, when lie said "thejurorappearsimpartial und indltrerent." ! Mr. (jroydon?Is your Honor perfectly satj istied that this Juror is free from prejudice? ; Judge Muckey?I regard him as the very ! type of absolute neutrality. Mr. McClunf was not so thoroughly satisfied as totbe neutrality of this Juror, and very I promptly objected to him. j John Robert Ruchanan was then sworn. 1 J. H. Watsou was not acceptable to Mr. Mar| tin and he gave place to another. 1 j Charles Ingram, nn American citizen, who I was about the color of a stack of black cats. ! had talked about what he had heard, but had | come to no conclusion. Mr. Martin soon came to the conclusion that he didn't want him for i a juror. w.C.Shcrard had read what tho newspapers had published concerning the case, and Mr. Martin thought that this Juror would be more acceptable to him as a spectator. James C. I.ltes was sworn. \V. G. liucknboc took bis seat bcsldo Lites j on the Jury. W. II. w at son was also sworn. i J. 1>. race whs the twelfth man who vu ac! cepted. He completed t ie panel. I The Clerk then called tho roll when each of j the jurors answered to their names. Judge Mnckey? Mr. l'ace will please act as foreman of tbi* Jury. i The following are THE JURY. John I>. Pace, foreman. S. S. McHride. . lllchard Jones. W. It. Munduy. , \V. It. Dunn. I). 55. Keller, 1 W. C. Martin. V. It. Illnton. 1 John It. liuchanan. James C. Lltes. 1 NV. O. Huckubee. W. H. Watson. I The prisoners wereasked to stand up. They Miad pleaded "not guilty" on Tuesday. The Clerk read the : ISDICTMEST or THE PKI80KEKS. Stat* or Soutii Ca*olii?a, 1 > Coiwtt or Abbhviujc. J At o P/inff rtf OaTiamI Mittainna ? W? t'ln and tor lb* County or Abbeville, in tbe State of j South Carolina, at Abb ville Court Uouse, In the ' I County and State afores.ld, on tho third Monday of ' I Octol or, in tbe year of our Lord, one thousand fight ? i hundred and eighty, ibo Jcirors of and for tbe County j aforesaid, In the State aforesaid, upon their oaths pre. s'sent: that Cnarlts A. McClung and J. Campbell Mart I tin, late of tbe County and State aforesaid, on the [j j twenty-BcTeuth day of September, In the rear of our i, Lord, one thousand eight hundred and eighty, with r force and arms at Abbeville Court Uouse, Id the Coune j ty and State aforesaid, did intend, combine, conspire r ; and agree together, one Lawience I*. GuBJn, In the p j peace of God and of tbe said Stat*, then and there bee j Ing, feloniously to kill ana murder, contrary to tbe g form of tbe statute In soch case mad* and provided a 1 and against the peacc aud dignity of tbe said Stat*. [f And tho Jurors aforesaid U|>on their oaths aforesaid do further present that Chailes A. McClung aud J. e i Campbell Martin, late ?f the County and State afore* _ j said, en the twenty-seventh day of September, in the >. I year of oar Lord, one thousand eight hundred and j eighty, with force and arms at Abbeville Court House, y | in the County and btate aforesaid. In and upon one j I Lawrence I*. G'ltDn, in the peace of God and of lite I said State, then and there being, feloniously, wilfully, aud of tlieiruia ice aforethought, did tnake an assault | anu turn uiu will' Charles A. McClung, a certain pistol j , of the value of icn dollar*, then and tbore loaded and im charged with gun powder and leaden bullets. wbieh I hietol he, the said Charles A. McClung, in his right 0 band, then and there hud and held to,against and u|??n H < the said Lawrence P. Gulfln, then and there feloalout,{i ly, wilfully, and of hia malice aforethought, did shoot s j and discharge and tbat the Mid Charles A. McClung, j I with the leaden bullets aforesaid, out of tbe pistol ^ i aforesaid, then and there by force of the gun powder gr j shot and sent forth as alorssxld, the aforesaid Lawr j rcnce P. Gutlin. then and there feloniously, wHlally, g ; ana of his malice aforethought, did strike, penetrate, I and wound, giving to the said Lawrenc P. Ouffin, then B | and there with Uio leaden bullets aforeeald, so a* afore > i said sboLkiischarged and sent foith out of the pistol | aloresaid, by the said Charles A. McClung, In and upr j on the left breast and right t*uiple of nim the said ) j Lawrence P. (iullin, divers mortal wounds, of which t,. said mortal wounds tbusaid Lawrence P. Guffl> did then and there instantly die. And that the aforesaid 1 j J. Campbell Martin then and there feloniously, wil(I fully, and of his malice aforethought was present, aidf | ing, abetting, helping and comforting, assisting and . I maintaining the said Charles A. McClung, tbe felony .I and murder aforesaid la manner and form aforesaid to ' I do and commit. . . , I And so the jurora a'oresald uj>on their oatha afore1 said do say that the said Charles A. McClung and J. '! Campbell Martin, lilin lhe suid Lawrenoe P. Gu?d. ; then end there in manner and form aforesaidI folooious, ly, wilfully, and of their nial.ee aforethought did kill [ and uiuider, contrary to the form of the statute in l such cast* made and provided and against tbe peace and dignity of the said ?tale. Ami the jurors aforesaid upon their oaths aforesaid ) do further present that the said Charles A. McClung, . late of the County and otate aforesaid on tbe twenty. seventh day of fceptrtuber In the year of our Lord one .! ihoi.sa'id eight bundled and eighty with fwc? and , atuib at Atibcvlile Couit liouae la the County and - ?ii State uforostld. In and upon one Lawrence P. Onffln I ( in the peace of God ami of the aald State, then and i: there bvin?, Moiilotisly, wilfully and of his malice j I olorctliought, did make an assault and that tho said Charles A McCltUiga ccrtain pistol rtf the value of ten I <1? lars then and there Charged with cfnnpowdrr und leaden bullets, which pistol he* the said Charles i A. McClung in his right lui.il, then and tbeic : had and held to, ag'illist and upon the mid I .aw rence P. Gullin then ami tlirirfeloniously, wilfully and of his malice a forethought and shoot ami dUchurca : and that the snid Chaibs A. Mcl'lungwith the leaden bullets aforesaid then nnd llieir by force of the gunpowder afoiesaid Mint forth us aforesaid by the said C'barles A.Mel'lung then ami their feloniously, wilful y and of Ms malice aforethought did strike penetrate ami wound him the said Lawrence 1*. (JulTin in and upon I the left breast uml right temple of him the said Lawrence 1*. Gullin. i'-.iiig to him the said Lawrence P. Uufliu then and tlierc with the leaden bullets aforesaid s<> as aforesaid shot, discharged and Bent forth out of ibe pistol aforesaid by I he said Charles A. McClunj; In und upon the kit breast and right temple of iiiui the said Lawrence P. Gulfln divers mortal wou dsof whleh said mortal wonnds tbs said Liw.enco P. Guttin did then and there lnstintlv die. And so the jurors aforesaid upin their oaths aforesaid do say that the said Charles A. McClung hiin the said I awrenc* P. GuCin In manner and form arore*aid fclohloiialy wilfully and of his malice aforethought did kill and murder?contrary to tbo form of the Statute in such case made and provided and agulust the peace aud dignity of the said State. And the jurors aforesaid npon their oaths aforcsild il.i further nri>Hent that J. Caunibell Martin late of the I county an<} tjlatc aforesaid before the said felony and j murder was committed fn form aforesaid to wit; on j1 the twenty-seventh day of September in the year of i our Lord one thousand eiuht hundred (indelibly with i force and arms at Abbeville Court House in the county , and State aforesaid was accessory thereto before the | fact and did feloniously and maliciously incite, more, procure and counsel him and command the said Charles ' A. Meriting to do and oomtnit the felony and murder aforesaid In manner and form ^foresaid?contrary to 1 the form of the statute in such ca<e made and plot id- ; ed and against the peace and dignity of the said State. And tile Jurors aforesaid upon their oaths aforesaid do 1 further present that J, Campbell Martin late of the county and State afon said well know ing Charles A. McClung; to bare done nnd committed and perpetrated the fel >nv and murder in manner and forui aforcs-ild afterwards to wit on the twenty-seventh day of Sep- ! tember In the year of our Lord one thousand ei^lit hundred and eighty with ioroe and arms at Abbeville . Court House in the aunty and State aforesaid was was accessory thereto and him the said Charles A. McClung did then and there feloniously receive, barborf comfort, conceal, maintain, and assist contrary to the form of the Statute In such ease made and proVlded and against the peace and dignity of the said State. J. 6. Cothban, Solicitor. DIRECTIONS or THK COl'HT. Judge Mackcy?The Jurors not empaneled In the trial of this case will be excused from further attendance upon tho Court. Gentle-! men, you have discharged your duty inipnr-i tlally and to the Katlsfactlon of the Court. { Each man has been governed by the cause and not by his condition. It Is to be hoped: that we may always huve such Jurors in this! court room. Looking to the counsel and to the Jury which had Just been empaneled In the cane. Judge Mackey said?The Jury will not bo allowed to separate. Meals must bo provided | for them durlug the progress of the trial. Iti will be the duty of the Sheriff to attend to i this rantter. During the recess the room will be cleared of all persons, nud the Jury must remain within the railing. Sheriff DuPre?Does your order to clear the room, Include the Sheriff and hlfl deputies? Judge Mackey?It does. TheShcrlft orotic of hi* deputies must lock t he door, and take j a ponltlon on the outside of the door, and see that no one Is allowed to communicate with j the Jury in any way. Mr. Oraydon?I would move. your Honor, to exclude from the court room during the progress of thin case all the witnesses except the one who may be on the sUt'.id. LOCKING UP THE WITNESSKS. Judge Mackey?I think the motion a proper one. The witnesses might be locked tip in the Jury room. It is convenient, and the witnesses If kept there could be brought Into Court without delay. Mr. Gray don?I would move as Mr. W. C. McGowan Is a lawyer at tbo bar, that tin exception bo made In his case. Solicitor Cothran?I would suggest that an exception be also made In the case of experts. Mr. Oraydon?A question hasariseti. What shall be done when experts know other facts than those they testify to as experts? Judge Mackey?They will be excluded under the motion, unless they remain by consent. Solicitor t.'othran?I move to muke the rule absolute except in the case of Mr. W. C. McGowan. Mr. Grnydon?Wc hnve agreed to allow Dr?. Gary, McHrlde and Marshall, to remain in the i court room regardless ol whatever they may have to testify. Judge Mackey?The prisoners will take Rents | In front, on the assembling of the Court after, recess, In order thut the Jury may see their j faces. Solicitor Cothran?The State's witnesses are as follows. They will come forward as their names arc called. Judge Mackey?An they come forward the Sheriff will conduct them into the Jury room. | Solicitor Cothran?J. B. Wilson,Joe Lee,; Levi Levy, J. S. Wllsoh, A. W. Jones, G. A. Shllllto. Your Honor, Mr. Shllllto Is one of the town marshals, and It might be well enough to make an exception In Ills cusp. I think itnot necessary to lock him up. He may be needed on the street. Andrew Kelley, L. K. Bowie, George Muiv back, J. M. Klrby. Mr. Klrby Ir also a marshal of the town. The same reason for making an exception of Mr. 8hllllto will apply to Mr. Klrby. WITNESSES NOT TO BE LOCKED TP. Judge Mackey?Lot the marshals stand up. By order of the Court witnesses are excluded fron the court room during the trial of this case. Owing to the fact that you are the marshals of the town y< u will not be locked up. You chTi remain on the street but within hearing of thecall of the Court. You must not enter this building unless you arc called. Solicitor Cothran?Sherard Hodges, Peter Pasley, V, A. I^inler, Albert Yarborough,; John Johnson, Dr. McBrlde. Dr. McBride will remain where he is. Solicitor Cothran?May It please your Honor, 1 do not know what will be the line taken by defence, und of course It would be Improper to ask my adversaries to disclose It, but I would like to know of your Honor If the defence should otter testimony as to the character of deceased lor violence whether their witnesses us to that point should te exclud-, ed from the court room. Mr. Gary?May Jt please your Honor, It Is a poor rule that will not work both ways, i and If the Witnesses for the defence are to be excluded. I think the witnesses for the State should be excluded also. Judge Mockey?It Is not the practice to exclude witnesses as to character on either side. That Is supposed to be known by the community at large. All witnesses as to character for the 8tate as well as for the defence will be allowed to testify without being excluded from the court room. Testimony Tor the State* Dr. I. H. McBBIDE, sworn: 1 reside at Abbeville Court House 1 I ?m a practician physician; I examined the dead body of L. Pembroke (iuffln at Abbeville Court llooee, Sept 27,1SS0; bit body wis lying on bin knees, face down turned slicht'y to the rl|tht| the right cheek uppermost, as shown in the drawing here produced; lie wm dead when I aril Ted ; I board tb? allots; there were two; I arrived within three minutes after the last shot; there wai au interval of about one minute between the ahots ; I made examination with the assistance of Dr. F. F. Gary; be had ona wound In th*- left breast about an inch from nipple to the left, and about two-twollths of an Inch below; it ranged upward toward the riiiht shoulder; Dr. Gary probed wound ; I puttnj- baud or. I robeafterit was Introduced; 1 don't think the bull entered the heart; I think It passed through the lower | lobe of the left lung; the wound was fa'al if ball i passed through one of the large arteries or veins of ] il.a V?aa?> iKm >-*? nr v.tnit mm If uviuM Kit a? fatal and death as Instantaneous as a shot In the heart, 1 Jndje from the flow of blood that the ball did pass through such artery ; the flow of blood In such ca*<> paraljzcs the heart instantly; th<> flow of blood Is Internal until discharged through the mouth ; a wound of that kind would produce Instant d?ath ; he bad another wound on tbs right sido of head between the eye and the ear, near the eye and a little above; it ranged downwards and slightly buck wards towards the left ear a little below centre; wc did not find the bullet; there was no powder burn on the wound In tbe breast; there was powder bum near the wound lust deacribtd; the powder burn on right clieek; the bat shown Is powder burnt and smoked; the ball entered the right temple; tbe powder burn on right cheek wns semi circular, but no powder burn between it and the wound ; there were straggling grains of powder below that powder burn on cheek ; ihc party who flred the shot In bead mast have stood aliove deceased ; tb?deceased must have had his head above the horizontal nearlv erect when he was shot in the tenipln; I don't know the height ef deceased; a ball fioma&mith .t Weasoii, No. SS would have inflicted such wounds; I bar* made aonio experiments with such pistol, firing at white paper to determine the distance at whleh thu j powder would burn tbo target; It powder burns at j one foot, and two feet as shown by tho papers In my . hand, also at three feet plainly, but very slightly at i four feet and onlv a few grains at flvo feet, at six feet | It erases to poTder buro; either wound would have produced death. X.?Tho buttocks of deceved were more depressed on legs tban shown in the drawing; the shot In head could not have taken the course It did if tbe deceased bad his bead lowered and face down ai shown In tbe drawing; if the parly firing had been only 7 Inches above tie party shot, be would have been obliged to raise his band or the party shot must have bi>en bending down five or six Inches when tbe shot was flred ;1 a party walking on the South side of billiard tuble j next to wall in direction East or West would strike the bet ch on the West side of room: when I first j went up 1 didn't observe wound In bead at tbe first i glance; 1 found It on examination: from tbe hillicrd table to tbe Boath side of room ia about T orb feet 1 think the soft porous paper at which I flred is very near as soft as the human skin ; I never experimented by firing at tbe human skin toinakr powder burn. The pistol shown me Is a metallic cartridge pistol, a Ave shooter with twocortrldg?s discharged successively ; the cartridge next to tbe one flist discharged In tbe order of revolution has an Impression showing that it has been snapped; the hammer pulled down on It but not discharged. GKOKGE blilLLlTO, sworn: I was town mMnhal here when deceased was killed. i arresieu oeieocjant aiuviuin; iny ur liucb iiiiuuico after the shooting, and took the pistol here shown from bis pocket; when I arretted him be was coming ' out of Seal's livery stable. Tbe pistol was In the tame condition, at It Is now. 1 hesrriplrlbg and saw defendant McClung ruunlng down tbe steps of Norwood's Millard saloon, wltb a bllllurd cue in hand. I I was going up steps and McClung told me to get out I of bis way, and passed ms. lie was putting on bis coat wben I fir.-t saw liltn, at tbe bead of stairs. | J. C. Martin tbe defendant was following close behind him. I went In billiard room, and came out Instantly, and saw McClung jump oat of buggy near 1 door and his foot caught In reins. >1.5. Wllxoi had caught tbe mule attached to bugggy by tbe relus and Martin appesrsd to be scuffling with Wilson. When McClung jumped out ol tbe buggy he fell on his knees In tbe street and then Jumped up and rau off through Cannon's grocery store next to billiard room. 1 ran to tbe rear of Kussel's to h- ad bltu off. I caught blm In front of livory stable and be said "I glvo up" and banded me the pistol. X.?When begaveme tbe pistol,liesald "Isurrender, : I want you to proteet car." He feomed excited. When 1 met Dim <>n stops he pulled back his cue as if to strike me. 1 never beard tbe people cry oat shoot him. Tbe bead of male Id buggy was turned to tbe depot. 11 was a good sized rnnle. A.?I first heard disturbance In Norwood's billiard saloon. 1 looked up to it, and I noticed there was some dispute about a point in tbe game for 1 saw tbe ends of two billiard cues crossed as If resisting or pressing against each other. I was oa opposite side of street. Tbe billiard saloon in 2d story. I stood there a few seconds, and walked about tbe length of tbe eonrt bouse, and heard the flr?t abut tired. I soon beard tbe second shot. 1 thought the flr?t report was caused by tbe fall of a plank. I didn't pay particular attention to any remarks lu billiard room before tbe firlne. I harried to tbe billiard room and when I bad mounted some three steps, I saw McClung coming down, putting on his ooat. This was about 4} or 5 o'clock lu tbe afternoon. The drawing shown eorroctly represents the 6tore* noar Norwoml a billiard room. I X?(The drawing explained by witness to Jury.) X ?Wh< n McClung cutno down, the mule's head was not turned In direction of McClung'v road home. : Wbcn 1 entered billiard room 1 s*w deceased down 11 on his knees under side oI billiard table. 11 o seemed 11 :o bo In convulsions?he jrave one or two Jerks. I mw i puddle of blood near him. i put Into tlm billiard room 4 or 5 seconds after 1 hoard ihe second shot. There was an interval of '> or 0 Seconds between the shots. XX.?>'roin Iho billiard room to deponno roan was down liill. 'I ton defendants would have bad to ir?? ill nn opposite direction fruin depot to go houie. As I was coming down from billiard room I beared McClung call out to someone "I've killfcd Gufliu five tno a chance to escape !" XX.?Tlie hat here s'lown was In the saloon where deceased lay. Uy Dt feiico?X X X. As Meriting ramie dwwn the etens be sold either. "I've shot GulHn or killrd biln." and opened Ills shirt front snyinjf: "."ice wh*l be done for ineI saw his shirt bosom split from the l?-ft shoulder t>? the waist; 1 didn't bear iiiin nay he killed Uuttln In Heir-defence then; lie said thai oil lii.s way to the jail; I saw a murk oil his left breast at the upper edge of siit in shirt; It wus a cut or a scratch; the upper edge of scintch seemed to be ubove the rentln the shirt; the sciutch was on the right breast high up near shoulder. Jir Solicitor?X XXX. The scratch was about the length of an ordinary pin; there was no blood on scratch ; it looked fresh and like a pin scratch; 1 saw no blood on shirt. t>h?rod Hodges?sworn. Ihccwd was killed on a Monday evening; 1 saw the defendants and deceased about together on that day; I saw the three together first buck of Kusscl's ubout 4 or 5 o'clock In after no-'i! and heaid Martin anddeeessed qllarh'lhnpi Defendant Mai tin said Hi st to Guftio: "lVm loan me sonii money." Deceased answered: ' I'm not going to do it," and then stoopfd as if to sit down DV Martin wnu wan siuiiik in a cuair ik u.i.u Mussel's store outside; as deeeased stoopud, Martin told him to pu away, or something of tlie kind, and then deceased wnlketl Hrht up to Martin and knocked Martin's hat off; when deceased knocked the list ofl' Martin pulled 11 pistol out of his pocket and cocked it; when Martin cocked his pis??d deceased pulled his kui e out, opened It and showed It t>) Mart lit And then shut It and put it hack tn his pockc'; Martin then put Ills pistol back in his 6ack coat pocket cocked; the knife of deceased was a fonr-bladed pocket knife like llie one here shown; Martin then started olV; when Maitin started offl m?w McC'lung standing at Norwood's b.ick-door, about 20 or 80 yards off; MeClillitf was not present when Martin drew pistol; after Mar; tin had started off some 15leet Le turned buck to Guffin, deceased, nnd come very near htm ; deceased ashed Martin then to take a drink with him; Martin said no you di ink with inc; when tliry pot to Chrlstlnn's barroom they went in there,and cnineoul In a few minutes, when McClung Joined them and proposed to deceased tc piny a frame of (dlliards; deceased said ho didu't want to play; M^Clungthen said to deceased: ''If It's any Inducement I'll give you ten points;"1 deceased onewercd, "very well I'll po after ilie chicken fight is over; all three of them then went over to Allen's lotjtozutbcr wiicrejlherc was a cock fight; I heard nothing mora until after the chicken ll<:)u; w hile in Allen's lot deceased and Meriting pot disputing about a knife which deceased laid he had loaned McClung; one of them proposed to pive Gnflin another knife, and they then went off out of the lot; McCJunz had got GulHti's knife to cut a small string off chicken's foot; tho chicken flirlit lasted about ten minutes; Immediately after chicken fight dccased asked McClung for his knife and McCluiip told bim he didn't nave it; deceased said he did havo li; McClnnp then said he'd give him anothe- knife; there were 6 or 7 pcoriie present at C"ck Wight; I saw deceased hand McClunp his knife; McClunp told deceased in the lot he'd p>-t him another Klllie; iuiviunt; aim .nuriiu ?nt ng,?-,..h chickens, but deceased wits not: 1 started home then ami he.rd the firing and started back. X.?I work for Mr. Norwood; I drive his cows ?nd butcher for hliu, <*c.; I was not vtry busy that dny: the manner of deceased and Martin to each other I didn't think was Iricndly becuusa tbey wer? not In a friendly position, one drawing a knife and the other a pistol, andcursinc each other. I didn't say at the examination they didn't seem to b? mad. I said I couldn't suy they were friendly or mail. I refused to say tbey were not mod. Then I snw them en to billiard rv?m. 1 started across street. When I sawJMnrtin and deceased go to bar-ri?otn they seemed friendly. The cock-fleht I refer to was late in the afternoon. There ha-1 been another earlier thatdav, but I was not at It. It was a four bluded knife that I saw McOlong borrow from dec -used at cock fl;:ht. The cock fight wan after Martin and deceased drew the pistol and knife on each other. The cock fight took place at 4 or 3 o'clflek in afternoon. The persons af the cock flsht wcrcJMcClung, Martin, L. P. Guttin, I'eter Pasley, Ab. Titus, Kllas Peri In and several others . I don't know who bet on the cock flsht, The chicken d.ceased was praislnc up won the fight. ! dltln'tse? him bet. Henry Norwood was at the light. XX?.1 can't tell which of the two knives shown mc was the one decea^d handed to McClung. PETEK PASSLY sworn: I was at the second cock light on the day deceased u-o* L-<n.il If ivm ?t midline or after It. 1 was turning cornpr near scales when I u iw Martin Kitting between Gudin's knees wlio was sitting in a chair behind Christian's barroom, between It and Mussel'*; when I c<>t near them, I haw deceased knock off Martin's hat while Martin was sitting on chulr between the legs of deceased; Martin then got up and wild to deceased, I see we c-in't get along together, I'll CO off; deceased ttn?wered?"Then po off--what the hell you*ve be?n following mc about all davf" Martin then said, well coineon and let's take a drink ; they thon started and deceased had not afiout two steps and aid be didn't drink In liussel's bar; they then went Into Christian's barand drank, deceased as he held up his glass said he was just drinking to be drinking; 1 then saw McClnngabout ten minutes ailer this step out ol the back cud of Norwood's st?re; he asked de ceased to play a game bilHnrds and deceased declined; licClunc offered to give him ten points. The chicken fight was then about to commence, I noticed tben th it Martin land on a thin Muc coat with a pistol In the pocket. 1 saw tiherod Hodges there, Some man called out at the lot we are ready, and they went Into the lot whore the chicken fight was; I got on the fcnce; In sawing off the spur# the saw was not sharp out and McClung borrowed Guffin'it knife to cut thu spurs, saying he wanted a sharp knife ; McClung lest the cock fight, It was a 4 b aited bran newCongrss knife; like the *nife shown me; after flgbt was'ovcr I heard deceased say he wan led h's knife aud a?ked where's McClung; 1 saw nothing more; McClung was the flrit man to leave the lot a'ter the cock fight; I h<ar<l first shot when 1 was at Wilson's scalts, and by the time I got to middle of street, Long Goolshy ran down the stairs holding up bis bands, and I hraid tht* first shot fired as be came out. .lust before the first shot was flrod I heard thr billiard room door up stairs slam; when 1 heard the door slain I was IT or IS ya>ds off from It. It was ralher a warm evening. When I heard door lammed and just as pistol fired I beard a man ciy out in billiard room ' Ob Lord, Oh Lord ! he cried out twice; I heard a racket up stairs a tlatnming down like planks falling as soon as the first shot was fired; as 1 got out into middle of street I heard the second shot, I then saw McClung run down steps of billiard saloon with a billiard cuo iu band. A crowd was n>. ami MriMiinf !':l 11 ii I out *"Qive ino a viru?iw? up <? ? chance.'' A. W. Junes then ran up steps. Murtln badn'tcomu down tbi n. McClunz Jumped Into Martins buggy. Jones culled out from top of step#. Hc'is killed Pcm Gultin,don't let htm pot fumy, Wilson look hold of brld e of mule in bnt?ry, and Martin tried to reltase mule and Wilson drew his knife, and said McClung shouldn't get away. Mci'lung then jumped out of buggy hut fell, and they ran oft pursued und 1 X. I never told nnyone before this, I heard the door ilinn. 1 was not nnked about It. After tbe second Are I heard no nnlsc up stairs. W. A. LAN IKK, sworn; 1 was In town the day L. P, Guffln was killed. .1 saw defendant aud Martin together that day bark of Christian's buj-room. Thev were qnarrellrig. It was about 11 or 12 o'clock. All I heard Guflin My Mr. Martin I'll niakn that all right. I then spoke to Gultin, and ho said to me In Martin's presence. "Cam Martin thinks he can s< nrc me, but I'll be God damned II he can do It I" I then went off with deccuscd. 1 knew from their manner they were quarreling. X. Martin was close enough to hear what Guflln said to me. I started to tell tills at Inuiiest but tbe Trial Justice wouldn't let me tell what Gultin said to me. Guftin had his k' lfe out when thev wero quarreling, ap|>?reiitly whittling and Mar .in seemed t* have a knife too, both whittling It seeu:ed. ALliEUT YAKBUOUGII, sworn: I was living with deceased when hu was killed. I drove his wagon tliut day. He walked In. Hi/started for wagon to go h?me as 1 whs waiting for him. 1 was anxious to go, as 1 bad a sick child at home. Deceased started for wag-n, when McClung oil led him bock to Uko a game ol billiards. Wken McClung called him he McC'nng was standing at back door of Norwood's store, and 1 whs across Ihe street In wagon. Deceased then walked back when McClung called him. I then got out of wagon to hunt deceased. I looked up aud saw him In billiard r"om. I Wus then at knox's corner across the street ft out billiard rootn. I went up in billiard rjum und asked him If he wus ready to go home, lie was about to hit his ball and said nothing. McClung then told me I bad no business up there, and said to ine, what have you got to do with hiiu ? I then left, shutting the door quietly behind me. 1 went then to tbe public well, and from there to tbe spring. 1 beard first slu t when I was at spring. 1 walked on a little and heard the Second shot. The hat shown wns worn by deceased when 1 saw him that day in billiard room. I went In billiard room and saw him after he w^s killed, and then went aome with wagon and brought bis sister and five children In. His wife was dead. X.?l wjs not examined at inquest. I told Will the brother of deceased what I have told here. 1 told him when 1 went borne. GtOKGE MUKBACIf,sworn: 1 lived in this town when deceased was killed ; 1 was clerking lu Norwood's store; deccaied was klilfd in the saloon over the store in which 1 was clerking; I saw defendants and dcceuscd pa?s through cur store from back door and go to the front; they seemed t<: be talking friendly ; I paid no attention to them: 1 saw Martin have a pistol that evening; I saw him givt it to McClung In front of store on Hide walk toward: *h" Millar.I rru.it, * w.-f-.i K or 7 fi.pt from mft ! 1 was standing against l?>t> door, they were very clos? together, sldo by side; tbey were facing inc; 1 saw pistol in McClnng's band; Gullln was not there then : the throe passed through store together and McClung and Martin stopped on side walk as I have said; 1 don't know where GulHn went to; about a minute 01 a minute and a half after ihe tbree passed through th? store I saw Martin shift Iris pistol to McClung; the shott were fired about ? or f hour or | afu-r 1 saw thi pistol handed to McClung; 1 went back In store and left defendants standing in front on the pavemont; ai Martin came In ba:k door with Quflln and McClung, I saw Martin lav a weight weighing about two or thref pounds down ou the counter; he laid it down some distance from its proper place; the hcales weie nest back door and he laid down weight in front store; (iuftin was walking ahead of him when Martin laid down weight; I brard billiard playing up stairs; right after the first shot I heard some one cry onl Ob! In billlaid room; It was a cry of distress; 1 only heard It once; - -? I 1 mlnnl. tt,? fl~t ulf bl'whu buul hmd uioi l>wwu. i shot; immediately alter the second abut, leu or fifteen seconds I beard * bis noise lathe billiard room; It was inado by the stove pipe; I found afterwards In bunt t hour, for I saw the store pipe knocked off stove and lying on the floor, palled to pieces; 1 drew the dlagrntuof the billiard room shown; I made it under the direction of Dr. McBrlde and not from tuy own observation as to the position or the body. X?I beard no distinct words after tho flr/>t Are; 1 think tho noige was made by stovo pipe, a rolling doIm like the falling; it waenot made by tn? tailing of Guf< fin's body; I know it wus tbo store pipe. Mr. Wilson was near by when Martin gave McCiung the pistol, but 1 was nearer to defendants; Martin slipped tbe pistol over to McClung; I don't know what pocket be took t'istol out of or what pocket MiClung put it In. J. B. WILSON, sworn: I was here on day deceived was killed. I saw defendants nnd deceased together at tbe cock flght about the middle of the day. it was then that McClung borrowed a knife from the deceased. The knife looked like the one shown; I hrurd nothing said about knifi there as I left when oock fig .t ended. I then went into Norwood's store; 1 tuxt saw them pass through tho store from buck door to front. 1 saw Martin lay down a weight on counter neur the front door, a two pound weight 1 think. Deceased bad Just stepped out of front door when Martin laid down the weight. When McClung and Martin got outside tbey stooped on pavement nnd 1 saw Martin give McClung a pistol. They were then 10 or U feet from ine, facing toward the wall, very close together. Martin took to* pistol 1 think out of bis right coat pocket The coal bad pockets at the sides. McClung waa on tbe upper side and took pistol in his right band. GutBa had then stepped around on platl'orm of the billiard room steps. I then went back in store. 1 sonn came to tbe front and beard tbo bails rolling upstair*. 1 waa keeping tbe billiard room and In two or three minutes after I saw tbem on sidewalk. 1 went upstulrs and raw McClung and deceased playing a?d Martin keeping tbe game. I stayed up there only 5or 6 lolnulus. While 1 was op there Martin threw a quarter of a dollar out of the window to llob Glover to get some whiskey. Tbey got the whiskey, but there was do w.*ter?tali? and McClung told me to go and get him sjrae water. I started and met a colored boy tbere and sent blm for watvr. He brought a dipper lull and they all took a drink together. I then left after 1 carried tbe dlppsr down and was talking wl'h Muibach outside on street tbe shooting occurred. I heard no uncommon noise before the shooting. After 1 heard the tlrst shot I heard a groaD, It went ohl 1 only heard one. It was about | minute between the shots. I don't remember to have heard footsteps between the shots. After tbe second shot I heard a big noise In billlaid room. It sounded like a store pipe knocked dowa. I afterwards saw that the stove pipe wus knocked down, it hud two elbows, tbo first about 8 or 10 leet long and the other about same length. I found it till knocked [town. 1 heard the noise of Its lulling about in or IS seconds after the sccuud shot. I went up about J ui'u iito aflcF eetfoml shot and fonnd stovepipe dowtii De* w fendanta bad comb down when I went np stairs. Mc- In Chine enmo down first, nearly half a minute ahead of R Martin. I didn't bear th<*m any anything to eueh otb- w en McClun? hadn't eotno down when I heard tiie si stove pipe full. 1 didn't see a knife tin the lluor lu billiard room. X.?I was In front part of store about C or 7 feet tf from door when they came In the back door, and Mar- u bach was near me.. There was nothlu? in their man- o'i ner to attract my attention when ihey came in. I to Nothing particular diew me to the iront door. There ' nt was 'lothlntr peculiar In the way Martin put down the , hf I weight, Murbach whs near tho upper and I near the t ?f, | lower side of tho door. Martin Is much smaller than I 11 j McClung. Martin was nearer to m- than McClung on I when In* pa e him tho pistol. It wan openly done, so ?t l I could see i\ 1 s?w no silver money handed by Mar! tin to McClung. They stood there about half a minute. There Is a door I.t head of Steps of biUlar<t I room. 1 saw the pistol plainly. 1 saw the si.ver ; j\ mounting on It when Martin handed it to McClung.' j, I saw nothing unfriendly between them vben they I m missed tnron^h st.jre. 1 heard no angry words In the ; ^ billiard room. I i Jt)K ],EK, sw?Tn: | v.. When Mr. Ouflln was killed I was standing over I f0 there by Mr. Knox's store?side of the corner. I was ,(1 over thi-re waiting for defendant Martin, as I heard he i was lu the bllll.ird room. When 1 heard Hut shot I jjf looked up to billiard room and saw Mr. Gulttn W| stumble In my direction and Ml. Alter ho fell I saw I j(j McClung walk around to where Mr. Gultin fell, and i W| s:oop und I then heard tho pLitol lire again. 1 q| duu't know how* the billiard tabic sets. 1 couldn't see It from where I s.ood. After first shot I saw Mc- jj( Clung collie from tho Oilwr sldo of billiard table fiom ,j-j that where (Jnllin was standine. 1 know where Can- 0> lion's and Jones' stores are. After Ilrit shot McClunc >r came around the end of lb.* '.able next to Cannon's t|( rtore. Ashe moved round towards Gufiin his left ^ tide was towards me. When McClung ftoojied he w was right br the side of tho table. 1 saw tho top of ^ McCluiig's back as he stooped low down. I didn't Jt s<-e unmn s nea<l. 1 went up auer me unng ami saw j n knife Ivlng on the floor, on the far hide fr<>m where* j,j Ouflln was. iL w?8 a pocket knife with large blade ^ open. I don't kuow If Oullln whs dead then. k, X.?I wns talking with Andrew Taggart m front of; ct Knox's store, between corner of store and l&>ii|?|xibt. p. There are four windows In front of billiard room. I qj saw through the two middle ones. I naw Guffl" lis lie ^ whs falling, lie was falling sideways on the right w side. I iuw Mcllluh,: cotne round the table ufter first )? shot. I saw McClung also come down the steps and tj, get Into buggy. Tim bead of mule was turned to- K? wards depot. Androw Gooldsby bad been sluing in rc the buggy. w ANUkKW TAQQART. sworn: 0 When docrnsed wag killed I. had stopped near ol Knox's store and was.tilkliig to J'o Lee. Mr face was j towards store door and left side towards billiard Bt room. I looked up and saw defendants and deceased w In billfsrd room. They seemed to be talking ,jl At>out 5 tr 10 minutes after I first saw I hem up |r stairs I heard first shot. I looker! up at the first shot | and saw deceased falling towards Mr. Cannon's store-in that direction. Ho seemed to be sinking down on his face?fulling forward. 1 saw him falling Imrne- t| dlately after the first shot Just as he fell 1 saw Mc* \ Clung P'iss round the billiard table and go roilud to1 ?| wards where I saw Cullln falling. McClung then t| stooped and I heard another shot. 1 saw that. After jb, McClung was arresied I went up there. tl X.?I haven't had any talu with Joe Lee about the i? matter. Wc wero standing about even with upper |t enil of store towards Mr. Norwood's. b, JOHN JOHNSON, sworn : It I live at Hodges <le|M>t. When deceased was killed ^ I wnft sitting In my buircy near lamp-post at the j corner of Knox's store. 1 had brought a drninmer up th here from Hodge's and I was waiting to go b.icl: with di lilm. 1 was looking up kvlng them play bll laids up w stairs above Norwood's. I was then about thiriy five w feet from billlurd anl'*>.i when the first shot was fired I hi saw McClung come ar.iund with his hand downwards ni and out In front oif tiiin and th<'n 1 heard second shot, it Ho came round the billiard table on lower side ncs1. to jj depot. His back was towards mo and he was bending 0i over lie stooped over thr-wln* out his arm in tho attitude of firing a pistol. I could most see his pistol I saw the flash from It. McClung was then betwoen me and tho billiard uble. 1 saw Coffin fulling He fell with his back towards the depot, and bis face up i t this way. I went up and saw the bfillarJ tabic this j * morning. After the first shot and Just befoio the second deceased was filling on the south side of the billiard table and McClung had Como round to him, when j, 1 taw McClung throw out his arm and draw his pistol down on deceased and then 1 heard the second snot. ,, X.?I know thedefendant McClung he was pointed j, out to me fur the firht tune when I saw him coming down the steps that day. Wh?n I saw deceased he *, Was failing rather on his side below the middle window with his back towards depot. Wtoeti McClung ?. fired bis last shot 1 saw hiin In his shirt aleeves. Mc Clung went right at middle wlndoir and shot drceascd . arain. The last time he shot he was between mu and the billiard table. Deceased seemed to bo near the up- ' per corner of the billiard table when be fell. I never .. j saw him after ho cot down below the middle window. . Nobodv went with me to th" billiard table this morn- ... nlng. I wanted to go there myself 1 s?w several | ther* In Milliard room, one of them spoke lu nm there : l I left llodgca on dajr ofshooiing about '.'J o'clock p. in. |, I got hero between 4 and 5 o'clock p. in. Hodges is I , 12 inilei from hp re, 1 got hack three qu irters before J P 9 o'clock that night, When I came back here on ; ,i Wednesday 1 I old Mr. Will Qiifllo what I saw when I / ( I brought him up here on Wednesday. 1 also told the 1 people at home. I didn't tell thorn at home all I I.new !. atnuit it. I told W. Guftiu I biw ilcCluug when hu ! >' ahot hla brother. , J. M. Kill BY, airern: I aialtted in arresting McClung on diy of killing, after sh otlnj:. I saw McClnni; come dun n steps. I j I didn't see Martin there, i examined McUluii*'? : v jh'rt late that night. When 1 arrested hiin 1 noticed I ()) a torn place on side of bis shirt bosom, extending iter-! ,j bapa to bis wais'.band. 1 cuw also a small wound on | ^ the aide of hla breast. It looked like a b: uiac, about i , J inch long, a red place which seemed to be made by j (l[ pressure. There wan no blood on 1: or the tliirt I q where it wa?. The skin Is not broken. It was rot a ! M cut. You could see the inark through the flit v.ith-1 out Interfering with the shirt. The shirt wus t im I ^ think an tncu or two above the wound. Wh.-n 1 j .l went to j'lll the second time at night 1 asked Mc- j . Clung to let me see the wound I then ex tinined It i . and rubbed rav Angers over it, and found that ,it ft as I . ( a blliise tlist drew the blood to the skin, and not a cut. j | 1 then examined the shirt, and found that the upper | part of slit was a tear In the shirt, only torn, and the ,| lower part waa cut A piece of cloth that la torn ,j tears straight, and the edges of tear uro furry, while , the sides of ihe cut are clean and smooth. The bruise mi MeClung's breast was up under tho torn part of the slitrt. 1 iliiin t see Muriin until A minute I f| or two ofior wo arrested McClung. lie then caine j w up to McClung and palling him on the shoulder said j q to him, ''Charlie, ail I have is yours." Martin told i v him on the way to Jail ho would do a.iy favor for him,j nd would slick up to I)'in. | R) X.?Tb.-ro was uo cut on McClung's breast. It i ij was a bruise autUcient to draw the blood to I'.iu skin. ^ It could be se>-n 16 or IS feet oIT. 1 don't think there , j was any sign of b?-cdlng. There w?s a slicbt rub on ' ^ each side of Indentation. I examined it iiartlculnrly | c< as ninny p.-rson?hnd asked me nbout It. Ii wan about j i|( 1 or} inch long, It was nixrow as though don* with ! f| ' a dull instrument. It was not u,oie thin a sixteenth . ! of an inch wide. I saw it, and fell it, too. 1 he > ^ I bo'y of the shirt was cotton. 1 think. I don't re- tj | member whether the bosom was cotton iils >. 1 didn't I j, notice texture. It was an old ablrt. That wis my I j, impression. If a knife was inserted In shirt and ? | m ; downward cut made tl might make a rent in a plec-- of i 8( ] worn cloth that couldn't be loll from a t-ar. The, j| runt in (blit began above tho bruise, two or more | inches. I was lorenian of the Jury of inquest. The . ! shirt hire shown is the one 1 examined mi McCluii*. j j' to the best of my knowledge, I recognlXe the erooK ] y ' In the lower part of the cut portion. 1 saw no blood H : on the shirt when I examined it. I see a place on it ^ j now that looks as If stained with b ood. Cl I X.--I assisted in making the airest in aSout three I minutes after 1 heard second shot. When he whs ur- ( |,j 1 rested he said nobody must put his hands on me but. c, l the constsbleii. lie handed tiri his pistol and said there c Kirbv take tills arm, and he also said protect me from i.. j toe crowd. Ho looked then ?ild and excited. H XX.?When we arretted MtClung there were a doz-1 ^ ' rn or fifteen people around us. Nothing like a riot' ^ | toere, everybody quiet. | H XXX ? J heard no ctics of shoot hlin, hang him, as j ? | ha started off. It wa* a long time before McCluu* ' u told us what lie Imd done. W. U. McGoWAN. sworn ! 1 went Into billiard room soon after the shooting and ' t| taw the pocket knife h' re bhowu mi the floor wltn tar- j ^ gr.st blade open. It wus lying at the end of the billiard > tj table thai, comes ui> at right angles to the table near ! a which Oufllu was lying. Jt was nearly under the rear | c tab'o, The knife was about three tret froin the side j of the fr-'tit table, opposite side lo that on which Uuf- N i fin was lying. There was a little ruM on blade. X.?There wis quite a crowd when I got In there. v, J. 8. WILSON, aworn. j 1 teiied bridle ol the mule In baggy. The mule j ^ was starling ut first w:th bead down Washington , ., street towards depot. MciHung jumped in buggy and : (. turned mule around towards Knox's store, 1 then j ? I caught hold of mule. Martin then came up and told | , me to let go the mule, that 1 hud nothing to do with it. , j and tried to wrench the reins out ol my hands. 1 bad 1g a knite in my hundo|>en at the tluie with which I had I , been peeling an apple and I said to Martin If j ou don't I j let gojrou'llget cut. McCiung then drew the reins up I and said to me, "Let go God damn you. What have j ? ' rou to do with it? As be said thathe put his right hand j ? 1 behind him, as if to draw a pisiol licClung >.hou; jumped out of huzcy and in doing so trhipeJ In : B the reins and fell on nllfonrs on the slile wait. lie | j, then ran, as if attempting to get away. Martin did all a he could to wrench my hand loose from the reins. As!., i i soon as McCiung jumped out Martin let go my hand {, ' and the reins and we both let the mule go. About tlf- ^ > teen or twenty persons gathered to aid In the arrest, p X.?The arrer. happened jusluftet- the mail came in , > the afternoon. 1 had Just got inv mail. The train tj ' usuailyjgets here some time alter 6 p. zu. r L. K. BOW1K, sworn. jj ' I passed Norwood's a minute or two bofore the shoot- fl | log. I looked up to billiard room when I was five or v I six steps in front of Norwood's store. 1 then saw 0 : deceasMd through front window putting on his cont. c I didn't see Mcl'lnng then. Martin was hieing decera- |< ' cd a little distance apart I then started for Post ? i Office and Just as I got there about one hundred yards p ' from billiard room, I heard the first shut. t ' X.?1 saw Cluflln through the window next to Jones r 14 Miller. 1 testified at ir.quest that I saw liullln j i through window putting ori his coat. b Stale Rests, tl c Testimony for the Defence. i 1 ' Mr. Gary?May It please your lienor, my father, v ' Dr. K. F. Gary i< a practicing pnysician, niitl he ll > wishes tu go off nil the train. I would like fur him ' to Iw examined now. 1 Judge Mackey?Certainly. | 1>U. F. F. OAKY, sworn: * 1 atn a practicing physician. I visited tho scene o [, 1 the shootine on the day alter the shooting. I alno taw 1 the cut In McClung's shirt on the day :irter the shoot- c Ing. There was anjnbrnsiaiyjf the skin on big b'cast, n 1 not a cut, ubout 1J Indies long. 1 aiu satisfied It was ^ , done \vl' h a sharp pointed instrument 'l'hero was no n bruise on bis breast. The abrasion was oo a straight n 1 line with the cut in shirt. It had the appeiranee of c ' being recently done. The stain on shirt app< irs to be c blood, and 1 think It Is blood. I can't under'.ake to tl say the blood on shirt came directly from that abrasion . 1 It mlcht have done so. It is probable that It did. 1 ? didn't, examine tbe billiard table particularly al tint ? time. 1 examined it this morning. 1 saw some sputa * on it to-day that I think are blood spots. They ap- g| jxwred to liave been thrown there by spurt*, they were ^ . spattered, They were 3 or 4 Inches from iho edge this t( rfay. They might have been spurted Iroiu a severed tl I artery. Arterlen severed throw blood in jets, the i reins in a continuous stream, I think they were p thrown there by a small ai tcry. I saw McClung'sarm: j in Jalf tho day after tbo hoinicldo. He told me he was i n struck on bis arm. I don't remember what arm; The c, arm was a little swollen and a little red, Tbe brir.se 0 might have hem made with a billiard cue or m.y stick. ,, X.?Whatever ii'liicled bruise on ann must have ? had continuity. The edge of a stove or table might (j have caused ft. j| By Court?I think It wauon tbe bottom of tho arm. If he fell on the arm it might have caused tbo bruise, j, X.?The skin is broken where there is an atira-ion, t| its continuity is destroyed. The abrasion was wider C( than tbe edge o( a sharp pointed knife. It dc|*nd* on (i the size of the point, however, the diameter of tbe <j, point of tbe instrument. Tbo knife here shown could nave made the abrasion. I did not measure tho abra- f( ion ori the hreaat of McClung. It was about an inch i, and three quarters In lebgth. DU. J. W. W. MAKSII&LL, sworn : I am a practicing physician. 1 ?lfi| not bear Dr. McBride's testimony. A man may lie hbot tnrungb tbe large blo'.-d vessels of tbe heart and still have volition w setion. A man shot through tbe lungs verr oft?? t(J recovers. We have Instances of men snot through tr tho heart who have recovered. A man shot through large vessels next to heart would not necessarily fall immediately, lie might still do a deed of violence. cr Our meittral books report such cases. *' X ?I nrver h?d a patient recover who was nbot through tbe heart. There are cuaea reported of ibis tc kind in Taylor's Medical Jurisprudence. Tbe bemor- an rhage indicates wound In the lrtngs. ihe effect of abot in the liinrs. A shot in the aorta would cause the {' greatest hemorrhage. The aorta in in the lunge. If a " large artery is cat near lungs It would not produce ana- c<" pension of tho power of volition and action Instantly. ?" The blood may gush from nuuth fr> ui such wound J "n ; and y<t a m m may pursue hix enemy. He m-iy go !)t) j j or 40 yards before falling, it' he was in action or iho- !IU I lion M'hen shot. I don't say he could do lljut U 8u :wler! as cut. If the man rec?IVed the wound while stand g still be would prbhhhly fall In his tracks frinn sue wound. The oth-dts of wounds vary nccurdlnz t hrther the man wllo received them la active br pat vc when shot. Miss sallik MILLER,sworn: The defendant Mcdim# is the hnshmid of hiv sis r. I saw littu on the day of III* homicide. Hccniu > my mother's about 1} inil.-s frotn town nliout 1 clock n in. He remained 'here about an hour, am ok luncheon. He then naked us to put tip his din >r that he would be bac? that evelii-t,'- The shir r? shown is his. I visited the jail early on in<>min| ler the homicide, at sun up lie had on this shlrl c laiaed up his arm then and showed me the wouni i It. l'e gsve me a silver half dollar that mornlm tho Jail, Tuesday morning. CHAULKd A. McCLUNO, sworn : I am au years o;n mi- i*iii mis uinni.ii. i mm i out 8 milrs N. W. of tl.i? town In Abbeville county reside about -i miles from J. C. Mhrliu, dowu tin or. I hud not seen him fur several d.tya until ] et blni here on the dav of homicide. I walked ti ic village Iruai my mothei-ln-law's that day left her house about 12 o'clock. 1 caiui re to buy sonic quinine and calomel. Before ached town I didn't know that Martin was here. I ok me abont 25 uiinutwj to walk here. I first sav at tin iibout t iiour after 1 arrived here. I saw bin st In rear or Kuasol's bar-room. 1 didn't know hi is there until 1 mot the little boy Lang who drirei a buggy, who told me Martin was In town am inted me to heel a chicken lor him. I first sa* uttln f hour after I saw Martin. 1 saw him cornlnj it of buck door of Christian's barroom. I went ti iel chicken rully f of an hour after 1 first saw Martin lie first cock fight took piuce about half past om clock p. m. 1 put guffs on It. 1 gut Ouffina knlfi id had it long enough to cut off th end ol string tha fd the gjffs on. 1 asked if anybody had a sbarj ilfe or scluora. botno one handed me a knife bat 1 as dull, and 1 cave It back, when Guflln took mi s knife and said to me "Here's one' as sharp as unj :lsors vou ever tried." 1 took it and cut the strings think tue knlfc here bhown me Is tho one I got fr<>n m, or tijacrtmile of It. I handed Giiftlns knlfn l< artln when I got through with II. I think I bad i oken bl.nlud knife of my own there but It wouldo' it and 1 threw it on the around. The second cod tht t?ok jil.tcc an hour and u hull oran hout^and i urter uiter tbe first. It tiHik place about 3 j>. m. ay mistake the time twenty-five minutes tithe ay. Giiflln vdi at tbe second fl/litalsn. 1 think, in said to Mm while he was talking about billiard lat I could beat lit in a game. I bad played many line with bim. I agreed tben todlscount hltn. H fused to take ten points and play. 1 took no drinl itb Guflin that day until we went In bilihrd roou ufHn and Martin entered the Mlliard room with mt lly us three. Aboutan hour after the last cock flgh wns coining oat of tbe buck door of Norwood' ore fur the purpose of getting a drink of whlske; hen I saw Martin cumin); up past Christian's in tb' rectlon of Ituseel's barroom I asked him to join ui i a drink and he said ''Ye*, I will" Wc started lilt ussel's and Martin said hold on there's a full flas: ' whiskey In at liver? a able, let's drink it before w ty any more. Wc went into livery stable, and Mai n turned into stall and stooped down to get flask s ho stooped hi* pistol dropped out from his rlgli de or poeket light by me. and ! picked it tip. Mat n got up with the Husk of whiskey In his hand. II ?id up fla>.k in his right hand and said there't) Jur ? 1 J-I..I-. In 11 ??|,'II Arinb Imff t , I'll drink the other bolf. I told film that a third < Wotiltl hp just ai much #8 1 would drink, and tha > hnd llo till linens nith half of It. I drank a third ( and then banded it to Martin. 1 had the plftol I if hand Jlttt then and lie caucht bold of It saying want in}' pistol. I told him he waain no At to huv le pistol and refused to let him have it. He the auk shout one half of the whiskey I told lilin as afraid lie Would (*ct into soino difficulty, an ouldi''t let hlin hare the pistol. I took flask aftc s drank, and was about to hrcok It, but taw a nr^r ?ar by and eave him the whiskey. The negro dran , and asked Martin if he wanted the flask bacl iartln answered '-No. Do y?U think I would drin it of It after a damn nlsger bad it to his mouth)" I put the pistol In my rl^ht hand pants pocket. W len climbed the brick wall around lot, about in th or of Kiissel's. 1 hay? a pistol of mr own. I left i : home that day. The reason 1 dhlnt pire OnfUn hi uife back was that I was to pit tbe caC* nhd the ott ' party said he was ready, and I banded knife to Mai n who was near me. After we got oyer wall 1 turn I round to meet Guflin as I sow him coming from th rrctlon of the rcalcs. He came up to us and said t ie: "McC'lur.g I'm ready to play that (tame of bi ?rds If yon will double discount me." I told him dn't think I conld double discount him,but we woul > and strike a lick or two on table and oeo how w ayod Our first agieement when ho accepted th ntie discount offer was to play for money. \Ve tbe .1 V A'. ....... r. Ki>#.L* I tMr. .Ill uirougo > "< was in the middle and Guflin ahead. As I ateppe 1? on the front pavement i turned to Martin an loughtl had overpaid him on the cock li^htnnd sal i him : "Campbell you've got a dollar of my m ney! e then ran his hand in his pocket bliI pulled out ilf dollar and tw? quarters silver money and sal R'ell here It Is," and gave tbein to me. 1 then pull 1 tbe plalol out or tiiy pocket anil put It In my lei nd and held my i lyht out for the mom y which 1 pu my right pants pocket As 1 was about to put tb stol buck Martin caught my band to take it, siyin t hud borrowed itoud had a better right to cairy 1 tun I had. I told him he was not in a At conditio i carry It. He was drunker then than when I tool le pistol from him at first. 1 then put tbe pistu iik in my pockei. My lelt pants pocket had a hoi , them, tuereforc I put tbo inouey In the right pock . nnd removed tbe pistol to do so, for when tbe punt ere buttoned they were too tight to put money In tb >cket safely without first taking the pistol out. ive on tbu same [urns now. 1 put It In my pocke lout 8 or 10 feet froin the steps hudlng to tb lllaad room. Guttin waa then going u le steps to tbe billiard room. 1 thlnl e bad walked on ahead of us. When I got nione om Murtln I saw at least three im n near by In froii ' store Martin and I then went up Into billiard room utiin and I spotted the balls and he led off mnkiii veral good shots, I then said to bltn IVm I'll pla; m a game at discount but 1 believe you'll beat (lit re then spotted the balls, and he suld "Martin kre le game. 1 took u '24 ounce cue and be an IS ounc le. We agreed to pl?y for a balf doLar a same. II >ok lhe black ball, und I the white one. 'J lie counts :rinK run north and couth. 'J'lie white string ttntg , Iho north ?ide. J. 11. \\'l|??.n was the first pers" hu came into rnuui alter pre entered, ile stiij-r icrc oerbupsiO mlnuU>s. GuOlu Mid it was a Ion u>e between drink?, and Martin then borrowed uartcr from me and lhr? w out of window to ?i:ro 1m>j- anil t->ld him to brine a hii'f |int of whlskej be whisky wa? brought In, tnlnk by Wilson, and w nrttd to take a drink, but 1 told Wileon I wante aterand dii't>erfui wan br nj;h', and Martin an ultln and 1 took a drink li-peilier. The quarter ibz as aei.t f?r whii-key was one of the vi.cn of momlat Martin bamlril inc. I bnU^'Ut u tl.mk of whi.ike . Jnllwltb the other qnmter, and gavo Mks Sail [tiler the half, dollar on tno next day at j ill. Wlla eiit out of room with the dipper after wc drank an don't think he returned. So onu < ]>? came Inl llllnrd room after that exc-pt Lang Gooishv, a llttl ilorrd b'>y. Guftin asked Martin in billiurl room i' had sent fur that knife. \S hen Leap UooidMi line In Martin suid to hiin did von (.'ire Mr Gutli )iit knife f lleaimwerul m> sir, I couldn't find M utlin and I (rare it to Mr. Heliry Norwood. Marti en told ljtni: to K" mid k'i't tho knife and bring it I im, ami Ij: g went out dot* n the s ep?. 1 don'ttbln e shut lli?- door when he wetit out, for It wan ope hen 1 started out Mnrtln waA on the tut fide i .riii^ kietilnp the game all tbe time we Were pkiyin le didn't leave tbe room while we were there fruit, th ttw 1 entered. 1 won the game. Martin called ti sine saving to ine '"Charley you're <>ut!" Gutlin an hail our ciiatii olT, Murtin did not take his cat ol Hi ell Martin said 1 wot out I ?ao Handing near tl est end of table, and Guilln wis on the squill side < ible. GuiHn then raised up liin cue touching tl iiunters and looking at llicm and then said to Marti you're udniiined linr?irl" With those words Guttl ilil lilf cue ilown mul put bis cunt un then took, u ue wlili his left hand, und turned holding ilie but c ue in trout of liiin. I siilil to him "IVni the game ui I've beaten you" 1 was theu standing when 1 tt lint aboilt the outre (if the south side of table, ai e answerwl meyou are a God damned liar! I unswe d buck you're anotheraiidjiut an Isnld it be advano ,1th a knife in tils right bund open. When lie cur** ic, he wbi about 4 feet from me, and the next step 1 ude the llek at uie. I saw the knife as he raUrd p to strike ut me. I didn't we hlui open it. or whci e took It iroip. I didn't know he had n kulle. Lio:ight he liftil it from Ilia asking Martin for b nlft-. I gave back as he advanced und be cut ii hroiigh my shirt, on the left breast. The cut *': bout li inch long. 1 have the sear yet. The fcnl aught la my ehirtand come ontn?-ar the waist band on't know if he cm. at me with the big blade. T1 hirt was a new one. As he struck me, I diew hue u draw my pistol, lie then drew bnck his cue wii ?th hands rolMt'g ovir hie bead ar.d behind him trlke me, and just at that instant 1 flrnd. 1 dot now ?hat liocame ol the kuife. 1 flred as 1 milli latol out of my pocket. It llred the first time 1 pill il pistol down. As 1 llred, l.e struck down with cu nd 1 caught the blow on my left arm. 1 cockcd u ilstol again and stepped buck, my leg striking sotn tiing behind tnc, and 1 llred nguin bending forwai lightly. 1 had some difficulty in cocking the put ho s* cond time a* It did not revolve readily. I thic evolved the cylinder with my left hand. 1 ga1 nek Just before 1 flred 2d *hot towards the west of f room. When 1 flred the 2d shot 1 didn't kno rhether the first bad taken effect, us there wiw a aoi ral, of smoke In front of me. Wheii 1 fin d the ! hot Guftin fell buck wards 1 think. At a sort of alf turn. 1 then put my pistol In my pocket, ar tepped forward and as 1 did so my hut fell off And Icked up tbe cue on tuble 1 didn't know my hat wi ff. A? 1 turned to go out after dining buck for in nt, the cue struck the store pipe and It fell down. Ickert up cue thinking that some one would try I top me, and 1 would knock them over the head wi' he cue. The cue was lying on table nearer the we nd. 1 think 1 put it ilwre win n 1 ormmeneed drat ng my pistol out. 1 muy bayo laid It there when nlsbcd the game. Of course 1 was cxclt d. 1 star d down su ps and met two or three person*. 1 to ne to pet out of my way. 1 showed where 1 w, ut and aald on tho su-pi either that 1 bad e>hot< meu uumn in sen ueienee. j got id uottom ol stf | mlrrcngufzvl M.trllu'b buggy it door and Jumped ' 1 would liave gotten tn any man's buggy stnndlr here. It woe not tlitie when 1 went up' In bllliai Him. 1 didn't see It there or know It was there be o came down und saw It. When ] gut in it the mult ead wan turn, d toward* tbe depot. 1 started to tm he luule towards burnt-. 1 didn't s. e Martin aflor nine downstairs until liu caught bold of the bridle he mule. J. B, Wilson i.ad flr.-t grabbed tbe brldl asked Wison with an outh what fce hid to do wil t, and told liiin to let loose. He wouldn't let lo.o&e i thought 1 would niuke my escape come oth vay. 1 Jumped out of buggy and my foolcanght he reins and threw me on my knee* and bani! When I came down I saw as many as twenty at irohntily thirty persons around th* foot of tbe stej beard thein say 'catch him! Don't let hltn g way I" awl 1 tbousbt 1 beard some one holler "Sho iuiT Upon the Impulse ol the moment I thought scape a? 1 bod killed a uinn, and alter 1 saw tin rowd 1 thought it would nut bo safe lor n rw not to gut away. When I Jumped fro uggv I turned and ran through Cannon's store or an right down in rear of the row of stores to Seai ew llverv s'able. 1 went In rear of stable, and as aine to the front of It 1 saw my chance of escape wi ut off. 1 then recognized Sbilllto and Klrby, tt own murshnli, and I advanced and gave up my pist nri aiked them to protect inc. olid said that what 1 dl *8 In self-defence. They didn't ask for my pistol, avo It up willingly rayrelf: I asked Klrhy to tal ne arm and 1 walked tojnll between the two mai ha Is. 1 don't remember who 1 gave my pistol I in* of the tbrt e persons who were there together, jkl them on the way to the Jail that Culfln had a cmpted to kill me with t. knife, nnd struck me with llliaid cue, and that 1 shot to save my own life. Se' ral years ago 1 saved Gtlftln's life once. It was I S>76 at Calhoun's Mill on election day. He wii larshal or held some office on the gronnd. 1 ws ninliig up in direction of stand when some one cnlle ut Ben Cade Is about to kill Guflln. 1 went up an let Muffin coming In a run from stHnd. As he g< <or uie he said, "McClnnjr for God's sake don t I? ode kill me here, 1 can't protect mvself. 1 told bit 1 could protect him, be shouldn't fie hurt. Jost as ild ihai 1 saw the crowd give way, and ( ad* com In oldlng out a pistol cocked In front of him. 1 Jui irew myse'f dlrcctlv In front or fade. II* said to m i?t out of my way Mac, and 1 gathered his pi?tul ? le hammer, lie wrestled with" mp, saying. ' If yo nn'ilet me go I'll shoot you!" 1 said to him uno lie oil sbaiitlui|>08e upon an unarmed man who has be 'w ft lends here and you have all!' 1 then gathcre Im under my right aim and carried him towards th agon whero be nnd 1 had our provisions, lie flnall roralsed If 1 would let him loose h? wouldn't Inter ipt Guflln any more that day. The crowd there wu >t friendly to Guffin. Cade "la now in Florida, lfrl I to get him here oil this trial, and a snhpuena was sen i bim. 1 have a wife and threo children. My Wlf id two ol my children are here Id the court reom. X.?The day of the homicide two families of n* oes on my place needed aulninn and calomcl and us to got it lor ibem. I didn't start from my plac. come to town. I handed the knife to Martin alter leled the cock. Gufllo Applied to Die lortheknlfi d 1 told birr. I pave It to some one In the crowd, in the first fight in the morning but lost the second ost #2.60 on the second flglit. 1 borrowt d ffl.Oii frorr Norwood between the two tights. I only won !X nts on first light. 1 put up $3 50 on second tlghi Ing halves with Martin. The ligut was for f.'i al d I should only haae sraked Mnrtin f r i2.50. 1 night $1.25 with uie to town that morn in?. 1 startto town to get some money to pay otf ctloii pick, i. Martin did uol transfer any filstol to me in Iron] 1-1 of NorwoWff> store. "When I took a qnarter ont of my I h : pocket In bllllnitl room 1 pullid out my pistol to get j 0 tin* money. , Just as I hud taken the pistol out In front i- j of Norwood's to put the money In pu ket. 1 went In I billiard room probably not over 12 minutes nftor 1 took up tbe pistol, li nas loaded when I g. t it. I don't remrmiier sat ing that it s apped once. I b?d to use h ! both bands In rock It the second time. I am not po?d1 j tiro when I (Kid my cuo down. As Gttffin struck ute I j with knife I stepped Imck and drew my pistol. As I j reached for illy jilstol he raised up cue to strike u.e. t, 1 fired to defend myself from blow with cue. A# he I j ; drbw bock to strike with cue I fired, billing hlni as f | I k'Ri n.'d since l'i the leftside. He hud stepped forward j J | as I fi'-ed. We were live feet -ipart nt mv first abut. | J lie then came on down tlie table towards me. Hal looked like be was dodging. lie bad h'S hat on. I I iri-Va back and bo came faster, ra'her stmsrgllng. j ? \Vhen I fired second shot the right Bide of bis fice| was rather toward* me. Ho was dodging with Ills i I head I think now when I tired th* second sb.'t. 1' i didn't know that l;e bau no fiislol thrn. I didn't see , blood coming out of Ills month when I fired second | shot. I think 1 was a little above him on a platfortll J when I tired the second idiot, lie was probably four I or live feet from me wh n I fired second time. Hit! t face was (hat far fro in mine. I leaned towards hiin , and fired. 1 am six feet two arid a half inchcs hlgbi | , The deceased was about five feel ten Inchcs In height , I left the room with the intenilon of fleeing from this , neighborhood. The crowd I tow below convlneed me j more that I should fly. If there bad been no crowd t there I would have given myself up. 1 knew my en, emirs o.i4 ] thought his friend* would abuse me. 1 ] fled or.t of no sense of guilt 1 said a' jail tbat Oiiffin attacked me with knife and billiard cue, and 1 bad ? shot b'm In self defence. 1 said there at first he was f attacking ine with a knife, but when 1 after*arris raw t bruho on my arm 1 remembered ha struck me with , the billiard cue and 1 mentioned that. 1 don't ray the t knife was not in Uullin's band when 1 flitd tb -second > shot. ' J.^C. MAT:TIN. sworn : j year# old. I urn a married man, 1 was marrird oo , 15th last January. On day of homicide larilvrd In n town about 10 o clock a. m. briiiifinff my wile with t mo. I got pistol trout II. Norwood about 11 o'clock v that day. 1 tblnk I had taken a drliik before that. 1 , went an street to Mr. Cannon's, I carried bug::y to I have a lolt putln It. When I got the pistol 1 dldu't r know Gurtin was In town. I know now he was nut. I I got pistol because 1 had hud some words with ti cols orcd imin who bud enrst-d me-on tlie mn-ct*. 1 didn't n know AlcClung wu< coining In town that day. t, I went to Christian's barroom, and was standing t near back door, when Gutlln who w us in barroom call1 ed to me. After Guftln got bis dilnk hi- came out and ., squatted at tbe side of my chair where I was sitting [ GulHn bad some fuss with so me of bis wife's relatives g he told me, and as he wn? talking to me about it L?l. nler came our, Guffln said "He'd make that all righC f meaning his difficulty with those prisons and not uie. c We were fixing for cock figbt, and I went through 0 Christian's, and I happened to see McClung and usknl ^ him to heel for me. The llist fight was between one e and two o'c.ock. MrClung has correctly staled what occurred at cock-fight. 1 told Guttin 1 had given bis knife to Lang Ooolsby to return to him, but he It couldn't find him, and hunditd it to Norwood. I told .. blm If I couldn't flud bis knife be migb t get another 0 like It, and 1 would pay for it. 1 think GuUin alt so at the second cock fight. 1 offered to treat Guflln ,f after the second cork fight, bill be insisted oil treot,f Ing ine. McClunir's statement Is true as to how be lt got uir pistil, and my b.nding bun money, but no ,f pistol in front of Norwooo's store. 1 kept the game n for GulHu and McClulig. 1 called Lang up there to auk him ahonl Qnftlu'a knife. Guifin hud mentioned e Lfce knife to ine a*aln In the billiard room. McClung n won the game, and 1 said to him, Charley you're out. I Gutlin thea said either you're m damn liar, or it's a j damn lie. lio then reached up and got liis coat. Mcr Clung said to liiro 1 am out, and thee GutBii called bim 0 a God damn liar. McCluug suld to bim "you're * t other,and then Uullin made at biui with lite ki?lf??. Wlion Gullln stiurk at liim with kDile 1 was s'andt ing at the Kart eud of table, McClung at South W>et coiner, and Gutlin on toe South sldu of table alimit midway between me and McClung. 1 didn't see the c knife before he Mulct at McClung. 1 didn't know be ? had bought a knife. II As Gufflu etruck at McClung with knife, McClung 18 threw himself back and pot his pistol out and (1ml GnBin tben giruck him with cue and Met lung Hied r" After first tire McClun,: guvo back to tli.- corner of the room. Gullln didn't stop advancing on; McClung ' after llrst fire. There was smoke lu room uftor first ? shot. While Gutlin was advancing on him McClung 1 tired the second shot. Before firli g the second timr I McClung had given back to the bvneh. After second " shot Gutlin fell sort of sideways towards Jones it 0 Miller's store, lain not certain of this. 1 dldu't e know my bitggy was waiting at the door then-. P X.?I mlKbt have picked up an iron Weight In H { parsing through Not wood's store. 1 remember stopy i plug iti frout of Norwood's store after going through . it, Mc*.lung wns near mc. Gullln had left. 1 found '.J blin in the billiard roi-m when 1 Went there. He wasn't With us in front ol Norwood's, J swore In A st.l.. . ui^.L.. A^.v 1 ...I si... " fhown In Which 1 said 1 gave .McC'lung one dollar at " the foot of toe stair stops, and that Gutftn wai with j us at the time when We w< l"? going upstairs, 1 \vu? * standing at East end uf Ittb'c wlit-n JdcCiung tiled u tlrst ?h?t. Gnflln struck at McCluiig ud up and d wn I blow wnb knlfo, cnttlng downwards. 1 didn't kut.w II then ho had cut McCiung. 1 Just stood there. 1 " didn't Interfere. As GtiHln raised cue to striku hi ui , MuCltint: shot lie dloti't straighten out his nrui to lire, hut hold It hull bent, 1 didn't hoar Gullin say v Oh Lord when he was shot. Alter first Are McC'lung " retrehtcd, Giifliii p'irtutng mo. Tbo room was full 8 ot smoke aller the first shot. 1 mean wh re they I stood. 1 can't toll bow far MiClung Was from GutSu wlieii be tired ibcsecond shot 1 didn't see Gi.flin lie down or go bark and full, lie Ml towards Mcl'lung. e lie was advancing When he whs shot second time. 1 I' think bedo<!gt-d. 1 stayed over in the jail the night k of tho homicide. 1 W.iS arrested then. 1 was ur* rested that night nt itUMelo barroom. 1 don't know ' how lon^r Goo Isby had left billiard rouui before Gullin ' was shot, 1 didn't know Gullin l.ad iH.ugnt a new f knife until 1 saw bid draw it on Mcl'lung. 1 have V hoard since where he got the knife. 1 didn't know ' on Host day that bo bud got the luW koitv at Jones I' A M.Iter's. ? XX.?1 ba-.l been drinking Imrd that day. The Corc oner roleust d me after the iiii|iiesl. 1 was afterwards T arrcSLd on alli>lavit ol Win. Gutlla. lt JlU. U. T. LYON, sworn t 'j 1 saw dcc<-nscd the day he was killed. 1 met him on " ; Wbhhingion streil about & p. ui. when the ears were S | about to como in. 1 saw hiui wltti * knil? lo outside ft I coat jacket nn right elite. The knife was o|ien. 1 0 I asked kiiu why hecarred his knife that way. He bolil " it up grasped in his hmid ultii blade to Ihe front and 0 I l>l)iiuk It Up bill) down and Siilu lie was Knllif: to use it ? mi somebody. I then went on lu the depot, lie seemed to be dr-nkinp. lt X.?When 1 s-w the knife In f-ockct of decerned y the blade was up. But for this occurri-nco 1 nrvet y would have thought of it u^aln. 1 looked at the b 1> ; 1 ?rd table this inornlu^. 1 taw five speck* of blood 1 unit. It looked like a big drop spattered out. " Hy Conn?1 um nut related toauy ol the parties In ? this case. Ir 1MCHAKD 8 >NDLET, sworn t " 1 ?uut up lii billlnrd room after thmhootlnp. Only two persons t nteredahead of nir. They wereShilllto " and A. W. Jones. 1 saw Quflin's hut th< n ?*n the bitr Hard table. 1 saw tome bl ort ohbllllaid table later 11 lliat evening. When 1 Mrat went up Gutlln looked " like ho *as I'ead. 1 only stayed u lew seconds on my * first visit. n X.?The table 1 saw lint on was nest to the win. | dow. The hat was si'ling near tb? end ill tible licx( : to depot. <?utiin's head was lying on Moor riglu under where the hat was. 1 uict two |?r?ons coming oii( "J when 1 Wat entering room. 1 (lidii't not'ee It the '' hat was bloody. ' XX.?1 noticed the hat, as It looked Ilk* Johnnie Norwood's and 1 didu't know but he h.td been the one " who Was shot. '? 1J. T. TUsTBN, sworn I In 1 was In tow ti on 27. h Sep*. lust, 1 assisted in laying out ihe body of deceased and preparing it for bur 'I' lal. It was done ttnder my dl ecton aftei ii qur*'. The head Mid Upper portion of body very bloody, t saw blood on left side also, as (ur down as the groin, all ?' down inn left side. The lace was verr boodv. Tim d eklu on uiie side of nose Seemed rubbed otf. The left r* side of nose niirt fttco wun.rnbbed. "* X.?I am certain the lelt stile of face was rubbed or bruised. 1 dou't know how long the bo ly bad been luying ill pool of blood under lh<< billiard table. The 'l blood soeuiod to bo coming from bis left ear. ^ G. A. nil 1L LI TO, recalled: 1 1 was the flist purwm who entered billlnnl room afI* ter the shooting. 1 never touched a tiling la the bll18 Hard room. 1 ilid Tint we Snmlley as 1 eaine oot of the 111 rocin. 1 saw A. W. Jours as 1 was passing out. Hr '* I Wub I hen entering, 1 didn't notice the L#t of de' ccased. !,e A. W. JONES, sworn: * 1 went into bil.inrtl rwm directly after the shooting. ll) 1 Wits the second person Who entered. 1 didn't notice \? GuHin's hat on tuble. 1 disturbed nothing. 1 met '{ dondley going In as 1 came out. 9(* X.?1 saw deceased la> Ing down. Ills feet to the II" West and the bead resting ?n hi* knees, lace Uown, e> turned a ill'ltt tu the riglit, the head resting on left >T side of face and his light hand strrtched out. 1 saw c" his shoulders inove once. Tne biood was rucnlng om r" of bis ncse and mouth. 1 didn't notice his hat. 'lhure wm a great pool of blood where he lay. 'J here was no biood up towards the steps in room, nobl >ud trail* r' ing. There was no blood except Where he lay first, u' and where he was turned over. w tl. T. TUbTKN, recalled. 1 intended to say that Guffins nose and cheek vu 2d rubbed or skinned on the light side and not on tilt " lert. 1 noticed this particularly While he was in hl? cotfln. 1 X?The skinned phice oil nose. 1 don't think there "8 was aur powder butn oK the rlieck. 1 examined for >y powder burn. 1 don't thluk 1 know powder burn 1 when 1 see it. 1 thought the cheek was rubbed from foiling o? Iti* aamteu iloor. li wtw rouglitued up. 'I' K. A. KICHEV, (tWiirn J 1 clerk for Joues and Miller in tils town. 1 told v' deceased a knife like tbe one shown on the day he was 1 killed. 1 Identify the knife here as the one 1 sold him. }- 1 sold li to hlin about four o'clock in the afternoon. Id as At tbit point Court adjourned until Saturday ur morning. On Saturday morning the jury went to (** the billiard room to view prem ??s, accompanied by ig Mr. Solicitor, and by Mr. Graydon on part of defence' r(' At ten o'clock the Court met, re H. H NORWOOD, >worn. rn Thebil.lard table at which Guffin was killed la not 1 now in the siime position it ocetipled then. It h.u nr U.n I h.irn V.I/I U'.ih le. ington street front. J know ihe exact position ft wu lb Id before. 1 ts nearest side from front window wu bo formerly "i feet from the Washing tun street front, er The billluru laolels 4 fret U Indies in Width. From In the southwest corner of my store to tbo northwest !s. cornerof Knox's store is 45 leeL 1 have tueasuted ]tj this distance by stepping it. 1 am 5 foet inches. 1 lf made the experiment With Mr. Graydou, one(ol the ri counsci for defendant,s to determine w belher 1 could ul stand ncalnst the wall ut the noribwtst corner of to Knox's store and see him while he Was standing at a u certain point In the billiard room. 1 could see only |c his bead from the eyes upward. (It was admitted thai IM tbe witness Joe Lee Is only 6 feel 2} Inches in height) ,0 From tbe south West corner of toble to the bench on l'? the west side of the room Is four feet, lt is twelve 2 steps from the south West jornor.of the billiard table to ^ i the southeast corner ul the table. From tbe north Writ Je corner going aruund to the southeast uoanor Is ten ul st'-ps. When 1 am In my stole 1 ran hear the footsie|>s I,] of persons on the floor of the billiard room immediatej ly above th<* front pint of my store, 1 am the owner <c of tbe billinrd sa'voii. 1 keep the tables tnere. 1 can J. always tell while standing In my ftore whether p?-r0 sons are playing billiards above me. 1 saw Gullin j hand McUung the knife at tbe chicken tight. lie oft.; fered Mcl'lung the knife. WcC'lnnu didn't ask him a I for it. The knife Was afterwards delivered to me by r. i Long Goolaby. 1 r?cognize the knife heie rh'wn a? J the one delivered to me. 1 put lt In my pocket. It B 1 was delivered to me about 4$ o'clock, p. ill., on the day lS j of the shooting. J retained .t in my possession fer a nearly a week after that and then delivered It to Marj sbal dhMlltofor Win. Guflla. 3t X.?A man moving from the centre of the north >t front of table around theeasti rn end, would after turnn ing the noitb cast corner come moro fu.ly Inio my j view frotn tin- |>ositlon 1 occupied, in making the ex? perlment, Kilry's ranch ts about 40 feet in length. }l Lang Goolsby when banding ine the knife satd ''Mr. McClung says please give this knife to Mr. Gnflln, ho jt Is going home. 1 was not iu my store when the u shooting oeenred. ) was at the I'ost iffice. . XX,?1 went into tbe billiard room, 1 snpptrse lt about ten mlnntes after the shooting. 1 saw a little j blood, a few drops on billiard table. 1 tried t rub it . out afterward* with a brnsb^utU wouldn't eotue out. ; v 1 loaned my pistol to Martin that morning It never j .. did revolve well. It Was also rusty. Tbs height of ' " ! the billiard table is 84 inches, Tbe height of the front 1 ! window siils la 2& Inches. j| 811 Ek IFF DL1KLE, sworn. e [ Kilry's ranch Is sixty feet In length, ontsldemeasare-' ment. X.?lt Is forty one feet from the front doors sill to , "! the billiard room in Hi ley's ranch, and.SO foet from the ' front door still to the ]iurtition. ? ; G. A. SlllLLlTOf , r< called. i When 1 heard first sliot fired 1 was f landing at the J back door of Ki.ey't ranch inside of tbe store. As 1. ' beard tbe flr-t shot 1 start.d for the front door posting ' * rignt through the budding. As 1 reached the front ' door 1 heard the second shot. jf I X.?1 remember the coat deceased had on when be W:.h kill. d It was u light coluicd coat. LANG COt>Ll)jJ$V,swo;ii: 11 1 live with Mr. J. C Ma. tin. On the day of tho . booting I caMie to town with him and bis wife. 1 ': hltcbea up bis buggy in town that nfietiiOoD.. 1 got j bngcy behind Norwood's store. Nobody told me to ^ J>t bring It round In front of Norwood'# store. His Wife . 1" sent word to me togct t'0?gr ready to go houie. A buy then went up and told Martin, a..d be sent word j 01 be d b? down inabiinute. X.?1 turnod the In tile's head anmnd towards depot, etJ because ) dro?o It up there that way. 1 w<*nt op in n? billiard rnotn bcuuav Mr. Martin toid rae something i ?' about Guffln's knife and 1 didn't hear exactly whut he I to Mid. He called to me from thfl lower window of bil- i M' Hard room. 1 Went in tile room ahd be told rae to go ' bt and get Guliln'i knife from Norwood. 1 stnrred to pet tr it and aa soon as 1 got down the steps 1 heard Ibe pis- ?c tolflre. When 1 left billiard room Mr. McClung was "l standing at the West end of Lai lo, and Mr. Gutltn on j t>* Si.uih side of table, back 'rom the table showing thrm til1 hU knife. He Just went to bis coat thut was hanglr.e 1" up and took the knife out as 1 was coming down. He >J< aid soinoiblng to llii'in aboutshowlnir thrm hlskhlfc. dc They were not sa>lng a c oss word at all. 1 didn't oi hear bim good what he hald. 1 don't remember the af color of the coat. They had finished the gnuie of Ml- pi Hards. 1 Just took my time and went out as Guffln w got knife to show It. jn XX.?1 didn't turn ih? buegy round ?ft?rlgot cc there. 1 Jnst drove up that way. til Dcjcncc clottd. ^ tb The State in Reply. THOMAS H. WALKEU, sworn ! !" 1 keep tiller's Ranch. 1 was there at the time of .. the killing. George Sbillito Was in there at the time. On hearing tbe tlrst sbot lie passed from the back of u store to ibe iront at a fast walk. 1 started for billiard u. room wb n 1 beard the first shot. 1 beard the second w shot when 1 got In f-ont of Knox'sstt/fe. 1 didn't start out Imini-dlately when 1 beard the flr?t shot. It's about t-ixty feet from where 1 was sitting when Drat w shot was fired to where 1 was when 1 heard the second chut, l walked at a pretty lost (rait, l wm ratnerex- at cited. 1 s'npped \\ bt*D 1 heard tli? second shut, until after McGinn? cainr down and got In tbe bugjtr. 1 f.. then TTfnt tr tht? billiard room befor* McClune got out of the bu^y. 1 don't tblnk anybody was In tbo rcxini H when 1 entered it. There were some Just come out p. of It. 1 aaw tbe lint here shown when 1 entered the billiard room. It wnson ibe bead of QuQin, tbe dt- gi ceased, I am certMn of this He was the second inun whom 1 bad ever ceeu wbd bad been killed. 8. w 3. Marshall and Dr. II. L>. Wilson entered the room with m**. Dr. Wilson remarked on seeing the body ol Gufflo, "boys, he's abut him la tbe lung*." It then struck me at strange that be could hare fallen in that iiMltliiii trlthn'.tkiinrlclnr (h?littnfrhl? IimjI 1 uV the blood coining oat of hi* mouth and nose. His face wu lay ine rather on bit left side and the ha', Wu Id- . cllned to th* right side. 1 couldn't tee hit bruW be- , cause of the hat. He vai not quite dead. Illttboul den moved a little. 1 stood about three feet from the J body and viewed it clotely Irnm the front. 1 walked ' all rouud tbe table and approached the body from the ,* front. 1 taw Martball and Dr. Wilson la town tbl* , morning. ,, X.?1 have always Mid ever tlnce Guffin was killed that the bat was on bit bead. At be lay with the u baton hit head the lira wat resting on the floor, bit *] houd iient over and the bat In a pool of bl-iod. When 1 beard first fire 1 got up to start out. When Sblllito cninc through 1 was titUug In chair where 1 Wat readine my moil. By Court.?When 1 taw tbe hat onflietd ofdeceated the room had plenty of .l^ht Id It. Tbeie rat no d( suioke in It. m DK. JOHN 8. THOMPSON, sworn. J? 1 entered the billianl room a few mlnntes after ih? C| | second tbot|was fired. 1 wnt among tbe first wbo got there 1 saw the lut here shown. It was on th* hrtd ? of the d'ceased. Ills right arm was extended toward* * the frontjwindow. 1 felt bit pu so to tee If he wat ^ detd. 1 pronounced him dead then. 1 then raited the y edge of hat to tee who he Wat. 1 didn't know at that time whose body it wat. 1 then asked wbo It wts, und tome of the crowd tald It it Petu OutUn. 1 (] had known him personally, but bit lace Wts to im- ^ rcrsed In tbe blood that 1 didn't recognlz* him. ^ After 1 learned hit name, 1 just stood up at.d wa* |j looklngat lilra. Drt. Gary aud McBrlde then entered. ? Dr. McBrlde also ft-ltbis pulte. ]>r. Gary then turn- n ed to n-o and asked uie to help pull him out of the blood saying "if be't not dead this blood will strangle () him." 1 then caught hold of the hat of deceased ? and lifted It from bit head. 1 shook th* y clot of blood that wat clinging to the hat from It, aud placed tbe hat on the hilllaad table tettlng It Ot> t< on lit crown. 1 ttood within two ftet of the billiard j table and tbook the blood off the b?', giving the bat a shake to tbe right and rear, while 1 wat in a stoop- 0 ing pott tire. 1 tben raited and pat It on the billiard table. 1 first started to put it on table but thought it u Would bloody tbe table, and 1 th. refer* ebook lL u l)lt. W L. TEMPLETON, sworn: > 1 have been a practicing physician for many years. n The effect of the wound described, through tne ?reat j, arteries of the heart is lm medial* cyncope. that la the a suspension of animation or tbe power of locomotion, a or l>otb probably. 1 wonld say tbat the ball entering j and coming ont at stated, passed through the great arteries of the beft. 1 be syncope it cauted by tbe en- 0] gorgementof tbe lungs wltb blood. Tbe tyncope ^ nay p.ist aw y if tbe aorta la not cut. If the aorta it cut t| the syncope continues until death. ei DK. EDWIN PAI:KER, tworn: u I aui a practicing physician of tnany yeara ttanding. (j 1 beard lite examination of Dr. Tetnplelon. 1 agree ^ With bim entlrelr. u lilt. W. E. LINK, sworn: 8l 1 beard tbe questions proponnded to Dr. Temple- w tou and 1 heard hit answers. 1 concur with him. j, t< Staie Cfotet. 0 P C Argument of E. B. Garr, Eaq. u May it please the Court: As we will contend ? that tho homicide wo* committed by C. A. McClung In self defense I would respectfully call your attention to the case of the state vs. McUreer, lately dcclded by our Supreme Court . In which It'a held that if a perron really be- " lleves bltiisclf In danger of losing bla life or ? of great bodily barm, and tbe circumstances Justify this conclusion lie la allowed to defend ? Himself even by taking life, although there . was no actual danger. 1 would also call your *; utientlon to Seifrlage'ii case which Ih similar . to tlje present one In hcveral respects, viz: the manner of the attack, the weapon used, to tl>c range ol the bulb't. I ahull not detain the Court by discussing the general principles of law as to homicide which arc so familiar to the Court. Col. Gary then turned to the Jury and said: Gentlemen of the Jury: '1 his Is Indeed a solemn ease and 1 feel deeply iho responsibility resting on me ol presenting the tacts for your consideration una Hs.lsilug you to come to a correct verdict. The large crowd which has teen in constant attendance upon the court during this entire trial admonishes you of the deep excitement and Interest with which the result of tbe trial is watched. I am g>ad to see on this Jury men from the country, lor Abbeville Court House, the place of the homicide, has not yet recovered from (he shock, and their minus are still wrought up by the sight ol tbe blood which lias hardly dried, before we are forced Into trial against our must earnest protcstaltoiis, as you no I doubt have seen. Let me too, caution you not to allow political considerations to enter into your verdict; of coursoyou would not kuowingly do so, but unconsciously these considerations might force themselves Intoyourdellbcraltons. I have been pained to leuru that re-' . spcetable citizens in this place have made use oi the argument that they should bo convicted to Insure Democratic success. [Hereupon His Honor remarked that the learned counselor would answer a rule after the recess to show cause for mentioning politics, when it hud not been put In evidence. Col. Uury turned to His Honor, made a polite bow, thou I lurnea 10 mc jury otfuia unu tiimiugiy wm, Well gentlemen I will prooced to u more Important purt of the ease.] I shall attempt to give ia few words a history of this case as shown by the evidence. On the morning of the 27th of last .September J. C. Martin came 10 Abbeville bringing with him his wile and Lang Goolsby, a little negro boy. Shortly after arrlvlughe went on Washington street and took a drink; thin was about ten o'clock. While passing behind the stores on Washington street, lie in rather a playful manner struck a negro, who was paiuting a wagon, whereupon the negro became incensed und insulted him. Martin then went inio Norwood s store und got a pistol; he had come to town uuarmcd; about 12 o'clock Martin met Li P. tiattln; tney conversed and drank together, they were even so friendly tbat Martin sat 011 Uuilln's knees, C.A. Mct'lung left home on the 27th of September, not expecting to come to Abbeville; lie too left home without hia pistol. McC'lung tools lunch at Mrs. Miller's a mile and threequarters from Abbeville, a little after etoven o'ciock, and walked to Abbeville, gettiughere about 12. After on?o'clock Martin was making preparations for a chicken Hght,andaL . iiimtime LauuGoolsbv saw McCiung and told _ Martiu Hint ATcl'lung was In town. McClung j" had frequently heeled for Martin. Martin sent word for McClung to come to lilm. McClung did so, and they went to the stable to liave the chicken fight. While at tbe stabie McClung heeled Martin's chicken, and after tying on the gaff a piece of string was hang' lug down. McClung tried to eut it with a dull knife butcould not do so and asked H. H. Norwood for his scissors, wheicopon Gufflu remarked, here is a knife as sharp us any scissors. McClung handed the knife to Martin, and the person heeling the other chicken au* nounceu thai they weie ready. The cbickcns fought. After the chicken tight Martin did not see Guttin and gave the knife to Goolsby to give to Norwood for Quffln. Shortly after this there was unotber chicken light, but It is not certain that Gutfin was present, Martin and MeClunv betlivedollars together and lout, each one's loss being two Uoilars ana a half. Martin had furnished the money. After the second chicken tight McCluugasked Martin to ? take a drink and they started into the bar d room, but Martin remembered a flask which o he had left in the stable unuer the trough, and t proposed that they drink wbat was in the bot- ? tie; they then went into the stable and as t Martin stooped to piek uu tiie flask his pistol t fell on the ground and McClung picked it up, 1 Martia asked for It but McClung refused to j give it to him, saying Martin might gel into t a row. They drunk part of the whiskey and > r Save the remuinder to a negro at the stable k oor; they went from the lot and met Unfttn j r who proposed to play the game of billiards i d which McClung had proposeu in the morning. | d niovni tinii with 1-anler. Mar-In tin.Guflln andf McClung went through Nor- I wood's store on their way to the billiard room; | f while passing through It la alleged that Mar-11 tin laid u weight on the counter. Afrerwalk- Ji lng through the stoie Martin and McClung I u stopped on the aide walk in the pretence of it Murback ami Wilson, to settle for the chicken b light. McClung had given Martin three dol-. o lars and fifty cents, and remembering the mis- a take remarked to Martin be bad paid him too | much. After explaining the matter Martin | c handed McClung one dollar in silver. The left j v pocket In McClung's pants bad a hole in It/' | a and he took the pflttoTTi'dm his right pocket, J i which tit very tight, In order to put the money > t . In. While the pistol was in McClung's hand d I Martin again asked for it. but McClung re-il< I fused as Martin had been drinking a good deal t ; that day. McClung put the pistol aguin in his t ; pocket and they wi nt up stairs. Gutfln and i McClung played and Martin kept the srHme atI c , Uuflln's request. The game lasted about half J t Ian hour. They played on the table next the V I street, which was more public lhan the other, e ' Duting the game four persons at different p i times went Into the room, and allpartiea were o | perfectly friendly. Lang Goolsby, at Mrs. T Martin's requeat, had hitched the male to the tl buggy and driven it in front of Norwood's r< ! store, witn the mule's head fateing towards li the depot. After the game had ended G. A. ci j Mhlllito was passing by Knox's and heard a li lltlicolty In the billiard room; he looked up 1 i and saw as he thought Martin's and Gutfln's, n j sues on the billlurd string, and there seemed n j to be a discussion about the result of the game p ; ?thinks he heard some one say "it is not so.'" Lang Goolsby was called up by Martin to n bring Guflln's knife from Norwood. Goolsby tl came and as hegotaon the iast step the pistol b< wm fired. Just before the pistol was fired tl Bowie saw Uuttin putting on his coat in which fr Dt. Lyon about half an hour previously had sc seen film have his knife open, and remaTklnic v< that he Intended to use it.- fciuffln'a hat, it Is tl: testified to by the third w lines# who went up ' It after the firing, was on the billiard tahle, and ol tliis same witness says he saw fresh blood on In the table. Jn Dr. McBrkle testttlo* that the wound In the re body was near the left nipple and langed to- fp wards the polnlof the right shoulder; that u? the second wound whs in the right temple In ranging toward* the back of the lefteor. He cl *ays that the second shot could not have been gi fired when the body was on the lloor, Mc- tli Clung and Martin testify that alter the game on of billiards Murtin announced that Mclluug ei had beaten the game and Gutfin said ho had as not. but went to ills coat, put It on and came l>< back. When ho returned to the table Mc-, dt Clung eaidtobim, "but Fern, I know I am^t it." Guffln ?nid you ore ft "God dbmr.td ?r." McClun:.' said "you arc another," Guii then drew Ills knife, which mum hare been xmi in his pocket, struck at McClung, cut s shirt for about a foot In length and iullletI a wound 011 his left brc ist, Just over the iiirt. McClunggaveback, orew hlspletoland -ed, while Garim hna hlsbiil'nrd cue raised strike him; thin shot took eflect in the left de as I have described. Gulfin did not fall .< I XlA/'lllltn l.ii,! lb ht'Pt IIU VUIIVJIJ(t Uliu IIIIUI lliV.V.IUIJK liOU I ceuted us far us the wall and mounted a little ale in front of the bench, he fired at Guffln. rlklng him in the head. Guffln then fell ickwurd alongside of the table on the right ile of the face, ns his face I'xiked as If he hud Hen on the floor and the right sldeof his mu- was skinned. McCIudk thou stepped >wu and hs he did m> his hut fell. In goiug it his billiard cue, which he had picked up ler the tiring,came in contact with the stove pe and knocked it down. McClung then enl back tifler his hut, which he had Just issed, went down the steps putting on his nit, in rather a moderate gait until he got to leslde walk, By this time persons had com* cnced to run in that direction. Some of iein calling oufcatch him," and he thinks iny CMlied otit'Vhoot him.' For afewsetlds he attempted to make his escape, but >on seeing Klrby and Shillito, the two town arsbals, he handed up his pistol, asked them i take liis arms and protect him from the owd. Heat no time denied killing Guffln, it said us he came down the steps, and on Is way to the Jail, thathe "had ,kll[e<l;Guffln it he did it in self-defense," and showed here Gulfln had cut him. Martin made no tempt to escape and after testifying before ie Coroner's inquest was allowed to go. H? ns not re-arrested until C. W. Guffln came i Abbeville several days afterwards. The ate has introduced Joe Lee, Andrew Tag* irt and John Johnson to prove that Moiuhg Was on the opposite side of the table id Guffln on this side when the flrst shot waa red, that Guffln Immediately fell and Mc uiiK wuiacu niuuuvi vwc utuicunu Buuv uur u after he hod (alien. 'lhelr testimony conlets In same very muteriHi T^ts. Tliey dlfr a? to the direction 01 falling and the place nere he fell. Their evidence is contradicted r Dr. McBrlde, the'medicnl espert who te?tl:d for the State, for he 1m positive that the cond shot could not have been fired while le body Was on the floor. The first thing which should present itself ryonr consideration, is that of conspiracy ?twoen Martin and McClung to take the life 'Ouffln. In order to convince you of this, ie State has put in evidence certain fact* t m which you are asked to Infer their eon>lracy. Before commenting on these facta I wire to say that these prisoners in the eyes r the law stund oh innocent as any of us, un1 the evidence shows their guilt, and yoa take It known by a verdict of guilty. As Hi* lonor has said, the law raises its protecting llcld over the prisoners and only leu it fall hen the Jury render a verdict of gallty. The late must prove beyond a reasonable doubt very material clrcumstancc In the case. By asonable doubt his Honor says you are lo nderstand that when In weighing any evience the mind halts and you do no* feel'yott in safely decide the fact without more evU ence. whenever the State relies upon a clrjinstance to show this conspiracy it must b? jch a fact as to point directly towards the ullt of the prisoner, and If this circumstance an be accounted for on any other grounds ian as poluting to the guilt of the prisoner, ten its effect as evidence against tne prlsoers Is lost, and you must not regard It. The first circumstance to show conspiracy is lie fact of McClung and Martin meeting at .bbevlileon the same day. Good aud sufflient reasons have been given for their meet* ig at Abbeville on the 27th, and these ri-?? 3ns go to show that they did not come for ny evil purpose. McClung came after mediIne. Martin came to bring his wife, and either of them brought a pistol. McClung 'aIked and Martin drove an old mule. If hey had met for the purpose of taking Gufn's life they certainty would have maae betsr preparation, so as to have escaped after t ho eed. The next circumstance is that of the uiJe. You win remember that Gurtiu with ui boiicimuuu leuueieu um nunc lucub tring, and when it waa mlsplaccd the prlsoera told him to get another and each wild be rould pay for tt. It had been sent to Henry 'orwood tOtglve toGurfln. which they would ot have done If they had desired to disarm tm. Furthermore, If they had desited to Ulsrra him they would not have told him to get nother and each said he would pay for It. lie next circumstance Is the alleged fact of ac pUtol being handed to McClun?. This we mpuatlcally deny. Murbach and Wilson I ave no doubt, are entirely honest in what iicy swore, still tbey may have been mlstakn. Murback did not see what pocket Maftln x>k the pistol from, nor what pocket Mclung put it into. Now, is it not very natural 3 suppose that he saw Martin as he grabbed t the pistol? Wilson was not pajlugany trlct attention and he may have seen the imetblng. From the manner in which Capt. lcClung test! tied on the stand, you are forced 3 believe him a man of intelligence, and he ertalnly would have selected a more private lace for taking the pistol, if ho desired to kill luQln, especially as he had to pass through rather dark passageway up stairs, when no ne could have seen him; he certainly would * iot have atood on the side walk in view of so nan> persons. Mr. Gulfin lived about four ulles in the country, and it would have been nuch s ifer to have gone to his house or way* nld him on the rood than to have selected a > I ace lu the very heart of the town and a tailenext the street where it seems so many icrsons could see what was going on. You, oo, must come to tho conclusion that Mc;iung is a very accommodating man if he rould kill GuflJn Just because Martin handed ilin a pistol and asked htmlodoso. No, gen* lemon, you can not believe he woulu have lone so loolish a deed. McClung and Martin erlaiiily would be very strange men it they rould go Into a room with Guffln, drink with iim, remain pcrieouy friendly while persons vere in tuc room at dldeieut times, then all in a sudden change friendship into enmity vitnout any cause und take Guflin't lift; th? r ?rtaluly would possess n wonderful ?*iiu ol ivcr their feelings and more hypocrisy tl i n he arch fiend Judas Iscariot, who betraytu its Master with a kiss. As sensible men you ire forced to the conclusion that thoy did not inter that billiard room for the purpose of utrintf l.nffln'fl 11 rip If Muffin )tn_H kill. d with bin coat off there would certainly be in ugly ease In court, but the fact of having llncoaton when shot and Dr. Lyon's testU nony thuthis kulie was open In bis rlghtcont rocket goes strongly to show that be put on lis coat for the purpose of using bis knife, velly Bowie saw him putting on his con a ew seconds before the tiring and the very cnlfe which Dr. Lyon saw open In ills pookct vas found open on the floor, and McC'lung's iblrt unil left breast were cut. Lang Uoolsby teard something said bat wasn't ccrtaiu what t was and saw Uulbn go to bUeoat; he Bays be aw blm put bis bund In bis pocket for Ills cnlfe, but in this he is mistaken, for If liuOm tad taken Ills knlle out, exhibited it and then ;one back put on his coat and then returned otbe billiard table this would have consumed more time than It took Lang Uoolsby to go town the steps, for the mate's witness Peter ^asslcy says be ran down very rapidly. No, le went back lor bis coat In order to get bis culfo for a murderous purpose, and came very irar carrying It into execution. If be bad jeen two Inches nearer Capt. McClung bo you id have plunged the knife In bis heart. N'ot only must every material fact be prcved wyond a reasonable doubt, but If upon conilderlng the whole case you have a reasonable loubt as to their guilt then you must acquit, have examined the evidence very carefully osee what motive the State would attempt to iscrlbe to McClung and Murtia for taking Gufln's life and I have examined in rain. You know sensible men do not act without i motive, aud I dety any Jury to Und any didive proved for taking his life. McClung had ince saved Gutiln'sjire at the risk of his own, >nd tbey wer* perfectly frleudly, even when Joolsby was In the room a few seconds before he homicide. It certainly took a very powirful cause to force him to take Gudlu's lite -nothing less than the necessity to do so to ave him bis own. As I am to be lOllowed by other counsel for he defendants, who will call to yourntten* Ion auy points which I have uot explained, t will be unnecessary for me to detain you onger. rarmii me, K?nnenj<;N, m wiiciujiiuu iu w; bat we do not ask mercy at your hands, but re desire to meet the issue fairly and squarey, 1 um satisfied if you tbluk ibc parties ullty you will say bo by your verdict, and I oo am i-atlsfleU that if you tblnk him not ;ullty you will likewise uttest It by your verllot. You have nothing to do with mercy; that la rithln the power of tbe court. I faave not ought to rouse your feelings by rpeaklng of be wives and children of these prisoners wbo lavefrom love kept seats in this bar during be (rial, anxiously awaiting tbe result or our verdict, because I do uot think it rlghtto empt you by playing upon your feelings to orget tbe main issue, and in this case you cera inly need no such Incentive to muke you do our duty. Argument ef D. IX. Mafill, Esq. May it Pleate Your Honor and You Oentl^ ten of the Jury: It bus at length become my luty to submit to your couslderatlon a few bservatlons In defense of tbe prisoners at tbe >ar. In doing it, though I feel perfectly satlsIcd that you are men of pure nnnds, yet I rfv lect with anxiety that no exertion or zeal on he part of defendant's counsel can possibly nsurejustice unless you likewise perioral oor duty. Do not now suppose, gentlemen, bat I mean to suggest tbe least suspicion with espect to your principles and motives. 1 :now you have been selected in a manner nost likely to obtain impartial Justice, and loubtlessyou hare honestly resolved and eneuvored to lay aside all oplntous which you uay have eutertalned previous to this trial. iui tue difficulty of doing tills Is, perhaps, not ally estimated; a man deceives himself ofener than lie misleads others, and he do j? lnustioe from hi?errors when his principled aro lion the side of rectitude. To exhort a man o overeowe his prejudice* Is like tcl iig a >llnd rauu to fcee/ lie may be disposed to ivercome them and yet be unable because they trc nnkuowu to himself. When pn^udice Is >uce known it is no longer prejudice, tt beonus corruption. The possessor cherishes It rUhout guilt, he feels Indignation for vice ud pays nomage to virtue, und yet docs inustice. It Is the apprehension that you may hus mistake, thut yon may call your prejuIcew, principles and believe them such, that sads me so auxiously to repeat the request hut you exumlne your hearts and ascertain hat yon do not ootne here with partial minds. The present trial, gentlemen of the Jury, is onMdered throughout this county and hroughout the State as of some expectation, ou very well know, gentlemen, tnat whenvera Judicial Inquiry becomes the topic of ubllcand general conversation, that every onvereatlon is in itself a little of the fact, he voice of public form the falsest witness liut ever was sworn or unsworn, Is alway# sady lo bear testimony to the prejudice of on adlvldusl: the mind becomes heated and It ?n scarcely be expected even on a Jury to nd a cool aud reflecting and impartial mind. here ure two tribunals to which every man just be amenuble, the one a municipal tribual. the other the great and general aud desotlc tribunal of public reputation. If you liuvc any reason to suppose that any ian that conies beloreyou has been already led by pitbllc lame and condemiied, 1 would Bg u> remind you of thesolcmii duty that Jusee Imposes upon you to turn your eyes away oin the recollection that any sonteuceof that >ri of condemnation has been passed by tho jlce of public reputation; and if you think mt his character has sunk under such a Bennee. 1 would remind you that the Infamy such a charge is enough without taking it ito your consideration ; It Is the duty of the ry to leave the decrees of that court of public putation to be executed by its own autnority r you have no right to pu*s sentence of conminatlon on any man because that prejudgg court may have passed sentence on bis laractcr; you must reflect that the evidence -? ven before that court wns uusworn, that ' ere was no deposition of any witness on ith, an-l, tneretore, you are bound to connldthe evidence before you naked,and simple. if you had never heard the names of tho Isoners at the bar. and tho sentence of con-mnatlon that public fame may have pro->uuccd on. their cliaraeture, A