Historical Newspapers of South Carolina

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TRIAL OF JAMES P. CASTON. ^ r * l th [continued from first page.] ^ Cross-examined by Mr. Wilson, Sen.?"When di deceased was perfectly sober, he was apt to be su affable and kind. I had really little to do with ar him. I knew him as a young man who grew th up in the community. I do not know that his reputation was acquired while under the influence of liquor% I do not know, but sup- yC l>ose this reputation was acquired by drinking liquor. He was a young man?twenty-two or f0 twenty-three, I should say. When deceased was m sober,"he was affable, and regarded as peacea- gj ble. His dangerous disposition arose from in- f0 toxication. Unless he was angered, so far as Uj I know, he was affable and peaceable when UJ sober. j( Redirect.?"When angered, he was looked \[] upon as dangerous, whether sober or not. w Col. Cad. Jones, sworn. I reside near H Rock Hill?three miles from the village. Have- di lived there over twenty-one years, l Know to the prisoner and have known him five or six in years?ever since he has been living in Rock ti Hill. I am acquainted with his reputation as TV to character. He has established the charac- tli ter of a peaceable, orderly man, as unquestiona- Ir bly good. I was acquainted with the deceas- h( ed. Had seen him often. He had a decided tti reputation as a turbulent, violent, dangerous L young man. His reputation was decided on ta that subject. I have never been present when lo lie was in a difficulty. He was regarded as a n< violent,turbulent young man, dangerous, high- w spirited and quick to get into a difficulty. He had the reputation of carrying a pistol gener- ni ally. If a person got into a difficulty with him, he might expect to meet a pistol. Of my pi l>ersonal knowledge, I know of no difficulties 01 that he was engaged in, but have heard of in them in which he drew his pistol and fired. I His reputation was that of resorting quickly a to the pistol when occasion called for it. le Cross-examined by Mr. Wilson, Sen.?I can- fo not speak as to whether he or his opponents ti were the aggressor in difficulties he has had. lu regard to his difficulty with Thomasson, I re have heard that both shot. I cannot say which in was at fault.-. I know of no particular case as p< to his being the aggressor, but I know of one case in which he was the only one .who shot. H This was a difficulty at the Presbyterian church n< in Rock Hill, but he was attacked before he tl fired. His general reputation was that he was y< a violent man, quick to draw a weapon ; was oi high-strung; would draw a pistol and use it. h: "When sober he was a pleasant man. I don't oi know but he was generous. I think he was a a man that would do a man a favor. If he had ir done a man a wrong, I know nothing to the di contrary but that he would make amend. Be- ir sides the difficulty with Thomasson and the V one at the church, I have also heard of one he H h:iH at flhpsfrer nr Winn shorn hilt know noth- ai ing of the particulars. I heard that at the tl picnic at Iredell Jones', on the 29th of May, he attempted to draw his pistol in a fight with Mr. "V Frew. His reputation is based upon these par- f; ticular cases, I suppose, as I know of no others. * Redirect.?Witness described the difficulty o: deceased once had with Mr. Williams, at or near the Presbyterian church in Rock Hill, d several months ago. A. E. Hutchison, sworn. I reside in Rock ti Hill, where I have lived for the past twenty V years. Have known the prisoner eight or ten le years. His reputation as a quiet, orderly, c< peaeeable man, is good. I knew deceased for di several years. His reputation was that of a si turbulent, violent, dangerous man. It was ei the general opinion that he always carried v deadly weapons and used them on any provocation. t< Cross-examined by Mr. Wilson, Sen.?In dif- n Acuities he had, where he drew his pistol, he h might have been first attacked, shot at or F f. He was affable and pleasant when n I never saw anything wrong about him u le was sober, though I personally knew p< 3ugh about him to speak of his qualities ti own knowledge^ a: . McFadden, sworn. I reside at Rock Hill; have lived there eight years. The repu- sj tation of prisoner as a quiet, peaceable and or- w derly young man, is good. I knew the de- 01 ceased for six or seven years. He was regarded as a rapid boy. He generally carried a pis- te tol and had the reputation of using it. When ai he got into a quarrel his reputation was to use ri a pistol. ai Cross-examined by Mr. Wilson, Sen.?It is ti not unusual for young men to carry pistols. b< As to troubles and difficulties in which de- g; ceased had been engaged, I cannot say whether \y or not they arose when he was intoxicated. I f never saw him in a fuss. When sober, he was c< kind and clever. ai Capt. B. P. Alston, sworn. I reside in oi Rock Hill, and am a teacher by profession. I have resided in the town eighteen months. I o1 know the prisoner by reput ation. His reputa- ai tion as a peaceable, quiet, orderly young man ir is first rate. I did not know the deceased, ti His reputation as to being of a turbulent dis- p position was bad. He had the reputation of u generally using deadly weapons when provoked, d Cross-examined-by Mr. Wilson, Sen.?I was ti not personally acquainted with the deceased. r< "When he was sober, or not under the influence ti of passion or liquor, his reputation as a quiet r< man was good. . e< W. G. Reid, sworn. I have known the I prisoner at the bar for five or six years. Ilis n reputation as to being a ptaceable, quiet, orderly young man is good. He boarded with p me two or tliree mouths at one time. The h reputation of the deceased was that he was V hasty; that he carried deadly weapons and ii would use them. a Cross-examined by Mr. Wilson. Sen.?'The p deceased, when sober, so far'as I know, was a w quiet, good-natured young man. ci D. D. Moore, sworn. I am acquainted with o< the prisoner at the bar ; ha ve known him eight ii or nine years. His reputation as to being a quiet, peaceable, orderly young man, is good, ti The reputation of deceased as to being turbu- ei lent, violent and dangerom, was bad. He had a the reputation of carrying and using deadly a weapons, and used them when occasion re- is , quired. i Cross-examined by Mr. Wilson, Sen.?I don't a know whether or not he acquired that reputa- ^ tion when under the influence of liquor. As n far as I know, when sober, he was a quiet, ti peaceable man. d Miss Annie McLaughlin, sworn. I was v at the picnic 011 the 29th of May. I went in company with Mr. Caston and Mr. W. X. I? Frew. Church L. Williford was there that w day. He had a conversation with me at the a buggy in which I and my companions rode, A though he said nothing to me while Mr. Cas- w ton was present. He insulted me at the bug- ti gy, and Mr. Caston coming up soon after, he s< asked Caston, with an oath not proper to be re- d peatea nere, lr ne xook 11 up. ?v lmess was re- t quested by counsel to repeat the language of n deceased, when she said it was, "You G?d w d?d s?11 of a b?h, do you take it up V" re- F peating the epithet time and again. When we V were leaving the picnic, I was present when t< Williford spoke to Gaston, who was in his p; hearing. lie then said, wi th an oath, that he oi would give Caston a good cow-hiding?if he ei did not do more than that, he would give him fc a good whipping. w Miss Charlotte Neil. [The object of w this witness was to prove general uncommuni- [< cated threats of deceased towards the prison- I ei\ which was objected to by the State, and a1 objection sustained. The witness was with- F drawn.] ai William N. Frew, sworn. I was at the ?t picnic at Iredell Jones', on the 29th of May, " and was present at a conversation between tl C. L. Willi/ord and the prisoner.j I had occa- 1,] sion to pass the buggy in which Miss Mc- a' Laughlin was sitting. Caston assisted her & out of the buggy and they l?oth started towards 1)1 the house. Williford was then at the back of ai the buggy, cursing. I was standing at his hi side. Caston, before assisting Miss McLaugh- e( lin out of the buggy, had l>een to the well to bring her some water, and when he approach- d: ed, Williford was cursing the young lady. Williford was excited and mad, and said to Caston, as Caston was assisting the lady from "W the buggy, "You G?d d?d s?n of all?h, do pi you take it up ? I'll get you." Capt. Allen m rnf Willifnrrl qiwl frici/1 A\ urncs tucii tuvin uuiu ui unwiu v..v? , to quiet him, Williford having made a motion | bt towards Caston as he used the expression. 11 think Capt. Jones stopped Williford, and I al-1 at so think I took hold of him myself. Williford j W said to the lady, in Caston's presence, "G?d i cs d?n you, Miss Annie, you are no lady." I j hi accompanied Caston and Miss McLaughlin to tl the house. I afterwards saw the prisoner, j lit Williford, and Iredell Jones together at a black-: tr smith shop near the picnic grounds. The oc- j it currence at the buggy was between 11 and 12 ! di o'clock, A. M. About an hour after the kill- j to ing, Marshall Rattaree came to me and asked ; T me if I remembered that on the day of the j bi picnic, that Caston said he intended to have i of revenge. I replied that I didn't remember j fr anything about it. I had had a difficulty with i C; Williford at the picnic, and the prisoner came 1 fo to me and tried to quiet me. The prisoner ' pi then was not in an angry humor. I do not know, of my personal knowledge, why the pris- J ec oner, the deceased, and Iredell Jonas went to tr the blacksmith shop. I told Caston that Wil-1 in liford had threatened to whip him. Williford : wj had made the threat addressing me. lie said? 1 ci J?d d?n you! I intend to whip you and m Caston when we go back to town. " This ireat was made in the presence of ladies. I w Williford with a pistol. He attempted to aw it on me. [Objected to, and objection istained.] The difficulty between Williford id myself attracted unusual attention from legentlemen and ladies 011 the picnic grounds. 'Cross-examined by Mr. Wilson, Sr.?When rilliford came up to the buggy, I and the >ung lady were the only other persons there, iston having gone to the well to get water r the lady. Caston soon returned, but reamed no time, taking the lady from the bugr and going to the house. I thought Willird followed after them. Allen Jones came ) about the same time. When Jones came i, Williford was five or six feet from Caston. moQ trior! t.n naoifv matters. I and Wil ford made friends that evening. lie sent ord to me that he wished to apologize to me. e had been drinking that morning. "When inking, he was excitable. I did not step lip > prevent Caston and Williford from meetg. I think I took hold of Williford at one me. After this, I went to the house and rilliford was led away. Caston also went to ie house. I saw prisoner with Williford and edell Jones at the blacksmith shop. I did not jar what was said by them at the shop. At te time of the occurrence at the buggy, I saw orraine Walker near the buggy?some dis,nce from it. Williford was not talking very ud. I don't remember who was nearest me, )r who was in shaking distance. There ere some colored persons near. Redirect.?Lorraine Walker was accompaed to the picnic by Mr. Williford's sister. Capt. W. L. Roddy, sworn. I know the isoner at the bar, and have known him five six years. His reputation in respect to beg a peaceable, l&w-abiding citizen, is good, knew C. L. Williford from the time he was boy. He had the reputation of being turbunt, violent' and dangerous. lie was noted r carrying deadly weapons and resorting to iem. Cross-examined by Mr. Wilson, Sen.?Ilis putation was acquired generally when drinkig. When sober he was of kind, affable disjsition. R. H. McCosh, sworn. I reside in Rock ill and know where J. R. Howe does busijss, which is that of a retail bar. I know ie prisoner, and have known him six or seven jars. His reputation as a peaceable, quiet, rderly man, is gooa. 1 never nearu or saw ui is being in a fuss- I knew the deceased eight r nine years. Her had the reputation of being turbulent, violent and dangerous young lan. From reports, I would consider him angerous. lie had the reputation of resortig to deadly weapons when in a fuss. Q. fere you a't the Presbyterian church in Rock [ill on one occasion, about twelve months 50, when deceased and Dan Williams were lere? A. Yes sir. Cross-examined by Mr. Wilson, Sen.?I knew filliford personally. When he was sober, so ir as I know, he was a quiet young nian. Redirett.?His general reputation was that i being turbulent and dangerous. To Mr. Wilson.?Can't say about him when rinking. ; D. T. Lessley, sworn. I hold the office of rial justice. The general reputation of C. L. filliford is that he was a dangerous, turbumt, violent man. He was so regarded in our auntry. He had the reputation of carrying eadly weapons, and of using them, I live ix miles from Rock Hill. The prisoner's genral reputation as a peaceable, quiet man, is ery good. Rev. D. Harrison, sworn. I am a minisiv of the gospel of the Presbyterian denomiation. I know the prisoner very well, and ave known him since the winter of 1872-73. [is reputation as a quiet, peaceable, orderly lan, is very good, indeed ; exdeedingly good ; nusually good. I did not know the deceased ersonally. He had the reputation of being a irbulent, dangerous, violent man; carried, ad was ready to. use weapons. Cross-examined by Mr. Wilson, Sen.?I never iw Williford but once. I was not acquainted ith him, nor never heard his character spoken I Rev. R. E. Cooper, sworn. I am a minisir of the gospel, having charge of Ebenezer ad Rock Hill congregations of the Presbytean church. The reputation of the prisoner 5 a quiet/peaceable, orderly man, is unquesonably good. The deceased was regarded as ;ing a turbulent man. He tvas always reirded as a dangerous man, who carried deadp weapons, j r'-nnojOTuMi'mm? l,n A/V IPi/cnn F\pn T'hp (lp. f VOOTim 11**1% VVV KfJ ? . ft ?vw??j ... ?ased, when sober, was nrfturally quiet. If i enemy, he would not betreacherous; he was f a manly nature. / 3E3LJ. M. Boyd, sworn. lama minister f thegosper or the Methodist denomination, ad have charge of Rock Hill circuit. I reside 1 Rock Hill. I have known prisoner about fteen months. .His reputation as a quiet, gaceable, orderly man is good, indeed. When nder the influence of liquor or provocation, eceased had all you express by the words? irbulent, violent and dangerous. He had the jputation of being generally armed. I saw le prisoner a few minutes after the occurjnce. About the time deceased was report1 to be dying, I started to my home, when met London and Ilagins. They accosted le?[Objected to, and objection sustained.] Cross-examined by Mr. Wilson, Sen.?I was ersonally acquainted with the deceased and ave met him under peculiar circumstances, fhen sober, he was genial. I never saw him ltoxicated. In my intercourse with him, I [ways found him warm-hearted and manly, ossessing noble virtues, and his reputation ras not different from these qualities, exgpt when intoxicated or acting under provcation. In his reputation there was nothing ulicating that he was treacherous. Dr. T. C. Robertson, sworn. I am county rpamuer uf thin t'sunty, and Haul over diflferut parts of the county. I know the prisoner t the bar, and have known him between six' nd seven years. His reputation is that he ?a model for propriety and good behavior, first knew him as a clerk and afterwards as merchant. The reputation of the deceased as that he was an exceedingly dangerous lan. The general apprehension that he might ike the life of an innocent man was freely iscussed. He had the refutation of carrying weapons. Capt. Allen Jones, sworn* I was at the Wit; nn the was present rhen the difficulty occurred between prisoner nd deceased. I saw prisoner take a lady? liss McLaughlin?from a buggy. Williford as talking in an excited manner in rear of lie buggy. lie came round the buggy and ?emed excited. I touched my brother, Ireell, and told him a row was in progress, fhen I arrived at the buggy, Caston had loved off with Miss McLaughlin. Williford -as looking in the direction of them. Mr. 'rew said something, about this time, when Hlliford acted as if drawing a pistol. Frew )ld him to draw it; he was not afraid. The irties, however, were soon separated, and in rder to divert the crowd, I requested my broth:, who is leader of the band, to play. Willi>rd remained about five minutes, when he alked to where Frew and Gary Anderson ere talking. I saw violent gesticulations? Objected to.] Caston was on the premisesthink in the house at the time. Immediately fter the altercation between Williford and rew, Williford said, "I'll whip Jim Caston rwl Prou' Teoirmiiiniosited the ;atement to the prisoner that afternoon. Late 1 tlie afternoon, I had occasion to pass in le rear of his store and asked him about the icnic, as became in after I left, lie said il was Quiet, and that Willi ford had made iends with Frew. I told him that Williford ul said he intended to whip him before night, id told him I thought lie had better prepare imself?[Objected to, and objection sustain1.] Did you tell the prisoner that Williford was ingerous V [Question objected to, but admitted.] I told Caston to prepare himself and not let Williford get "the drop" on him. I saw the risoner at his store 011 the next Saturday orning, and related my warning from what 'illiford had said. I then told Caston he had itter be prepared. Cross-examined by Mr. Wilson, Sr.?This Ivice was not to induce prisoner to attack llliford, but that he might be prepared in ise of attack. Capt. Ivy advised Caston to ml Williford over to keep the peace. To lis, Caston made no reply. On the after1011 of the picnic, Caston, enumerating his oubles, closed with the remark, "1 can't stand Trial Justice Fewell's otiiee is one htin ed and fifty yards from Caston \s store. Cas n could have went the rear way to the office, he trial justice was generally in his office, it hardly at that hour in the evening. His lice was generally open from 7 to 11 and oni 1 or 2 to 0. I heard Capt. Ivy advise tston, ur suggest the idea, of binding Willird to keep the peace. Caston made 110 rcy to the suggestion. Hedirect.?The remark of Caston, that "he luldn't stand it," was in connection with the oubles of the day at the picnic, besides beg a lone young man, struggling with the cnld ; had but recently lost his mother, in reting which, he seemed full of emotion and ! closed with the remark that he couldn't stand it. The peace warrant was suggested at 7 o'clock in the evening. Trial Justice Fewell leaves his office about 4 or 5, and is not in the habit of being there as late as 7. I thought the suggestion of Capt. Ivy would only be the cause of further irritation. The back door of Gaston's store is not in direct line with Fewell's office. To reach the office from the back ?door would not be much further than Gordon's hotel. -^Robert Frew, sworn. I was at the picnic oiiWf 29111 Of May, ami-there I heard "VVilliford say to Caston that he would either whip or cow-hide him the next day. Caston was near enough to hear it. Cross-examined by Mr. Wilson, Sr.?He said lie would execute his threat next day. R. K. Gordon, sworn. Before this homir.iilp, T fcp;n-d J&imft>rrE'?wvr on the evening of the day of the picnic at Iredell Jones', that he was going to go for Caston. He said, "I fight no man a fair fight, and if Caston gets me bge T .1- Kn.rrt K/wl n ni, ?/>lr U T lUlt? -I UU mill, nc 11 mvve co we u u ijuivn. *. tolcl Caston of it the same evening. I saw Williford a few minutes before the shooting on Monday. I saw him in the back room fo Bodenheimer's. No one accompanied him. I sent for him to come there. I asked him in, and he asked what I wanted. I replied I was lonesome. He then remarked that lie intended to whip Caston. He said it in a cool, calm way, using no profanity. I saw what I took to be a pistol in the rear pocket of his pants; it looked like the point of a pistol. This was as far from Caston's as across from the court-room of Rawlinson's hotel, 011 the same side of the street. When lie left me, I saw him until he passed Caston's, but I did not notice where he went. Cross-examined by Mr. Wilson, Sen.?He said he intended to whip Caston, but did not mention the given name. Q. Had he been talking about any particular Caston? A. Wilbur Caston's name was not mentioned during the conversation. Williford did not ask me if any one had been talking about him. He made the remark unconnected with other conversation, lie walked out and passed by Cast oil's. I did not see Caston in his door. The conversation with Williford, on the day of the picnic, was after dinner, but I do not know the exact time. He had lieen drinking. He said, "I fight no man a fair fight, and if Caston gets me before T -1- t-s 1.-111 4- y-? ,1 A 11 T I UO IllIU, lie li nave tu i/e u?u ijuiuiv. x xej>eated this to Caston. I have had a difficulty with Williford, and he fought me fairly. On the day of the picnic he talked like he meant what he said. I told him he was in no fix to fight?that he had been drinking. I don't know whether or not his mind was affected as Well as his body. In the conversation on the day of the killing, he said noc..mg about Wilbur Caston. The prisoner has a brother of that name. I do not know that he had had a difficulty with Wilbur. lie simply said he was going to Whip Caston. S. G. Robertson, sworn. I saw C. "L. Wilimuil on Monday morning, soon before the homicide?an hour or hour and a half before. I met him and Parish near Gaston's door. When they were opposite Gaston's door, Parish spoke to Sadler, Gaston's clerk. Williford turned, and I suppose he saw Caston, who was brushing his show case on the north side of his store-room. As Williford passed Caston'sdoor, he looked back at Caston and remarked? "There's the d?d s?11 of a b?h that I am going to whip," motioning his finger to Caston. I suppose Caston heard it. As I entered Caston's store, Caston remarked?"I suppose Williford has not cooled down yet." He then asked me what Williford said in front of his store. I repeated the words and immediately left for my brickyard, a fourth of a mile from town. Cross-examined by Mr. Wilson, Sr.?It was about 10 o'clock in' the forenoon. Parish and Williford were walking together. Williford make the remark loud enough for Parish to hear it. At the time the remark was made, I was about ten feet from the door, and about eight feet from Williford. Caston was nearer to Williford than I. The next nearest man woo Afr \fo:inp<i worthier oil n lmilrlinrr alinilt'. fifty yards distant. Don't know whether he heard the words or not. Don't know where Williford went. This was about ten o'clock in the forenoon. I do not live in the town. I am a contractor for making brick. I have lived at or near Rock Hill for the last eight years?not exceeding four miles from the town at any time. Caston made 110 reply to what I told him. lie was then standing up behind his counter. When Williford made the remark, Caston was cleaning his show-case. I don't know Parish. I was acquainted with Williford. Williford spoke to me after he made the remark to Caston. S. G. Keistler, sworn. [Diagram shown to Wrihes.s"Troll! wlrieirhe explained the location of buildings near the scene of the homicide, and other localities referred to by witnesses, one object being to prove that witness Ilaslam, could not have seen Caston when he fired; and another being that Caston, when he fired, could not have seen Williford from his door-sill, without leaning considerably forward.] Witness then proceeded with his examination. On Friday preceding the homicide, I communicated to Caston a message from A. Williford, Church Williford and Wade Williford. A. Williford, father of Church, requested me to go down to Caston and tell him if he wanted to fight Church that morning, to walk out, and we will fight him any way he wants. A. Williford said also that there was a clique in town trying to run Church away, but they could not do it. I saw Caston about II o'clock and told him of these threats, and advised him that he had better look out, or he would be hurt. I am town marshal. I am a brother-in-law of the prisoner. The prisoner's father is blind. Prisoner's mother has been dead about two months. She died about a month before the homicide. The prisoner keeps house. I heard a part of Patton's testimony. I recognize the place where he stood 011 the platform. I did not hear Haslam's testimony. Howe has a sign-post in front of his store. I saw the pavement before the shooting. [Witness then explained, by diagram, the location of goods boxes piled in front of Caston \s door.] Cross-examined by Mr. Wilson, <S'r.?The conversation between the Willifords and myself wiis on Friday morning?next morning after'the picnic. Church went to Yorkville on Friday; started not long after the conversation alluded to. I am policeman. At the time of the shooting I was in rear of the depot, on the side next to the stables. I was on the way to my blacksmith shop, walking straight forward, coming from the railroad ; walking in direction of Yorkville, on this side of the railroad. I was going across to my shop to order some work when I heard the report of the pistol. [Explained, by diagram, route he pursued to shop, and from there to the scene of the homicide,] and resumed to counsel: The conversation between the Willifords and myself was on Friday morning. A. Williford did not suggest that as I wds policeman and brother-in-law of Caston, he desired for me to deliver his message in regard to giving a fair light. My reply to Williford was that Caston would have no more to do with it. A. Williford then said he could whip any one friend Caston had, and Church said he had to have a light some way. I did not hear A. Williford tell Church "enough said; go to Yorkvillebut soon after I saw Church in a buggy. He was not in a buggy during the conversation, but was in a buggy soon after. When 1 saw him in the buggy, the only words I had with him was to ask if he was going to take Jim Barry to Yorkville. I was not in Caston's store on Monday morning of the shooting. I did not meet Caston, nor did not speak to him that day until after the occurrence. I saw the distance measured from Caston's door to the lamp-post. I did not measure the distance to Ilowe's door. Redirect.?I did not measure the distances, luit I saw some of them measured. From the post where llaslam stood to Caston's, is sixty feet. From Ilagins' sign-post to Howe'sdoor, O... fn,.irwit. im: UIMdIH C Jr> IUI 1? \J 1 tvaij-vuv iwvv. ^ ?? iv11 ess then described the windows and window shutters in the line of buildings from Caston's to Howe's, and stated the rise from the pavement to Caston's door-sill to be slight?four or live inches.) In reply to question: I wear a badge of office on the left lapel of my coat. It was 011 my coat in the work-shop, and that is why I went by my shop to the scene after hearing report of the pistol. After concluding with this witness, Court adjourned until 0 o'clock Friday morning. Court convened at (J o'clock on Friday morning, and the first witness examined was Dr. .J. W. Fkwell, who testified as to the jinsT! morTem examlttfrtioii made by hint of deceased, ! and from the course of the ball, gave as his opinion that deceased must have been facing ! Caston to the right. On cross examination, he stated that, seated as deceased was, the | contraction of the muscles would give direction I to the ball, and he thought deceased must have been looking to his right. When the examination of this witness was concluded, a lengthy argument ensued between Messrs. Wyliennd Wilson, tien., on theadmissibjlityasevideuceof uneommunicated threats; Mr, Wylie renewing his motion to Introduce evidence of this nature, and Mr. Wilson opposing it. The Court ruled against the admis sion of the testimony, and counsel for the defence excepted. Gary Anderson, sworn. Q. Were you at rtto pimin nn tiho aoth ot flfay ? A. Yes. Q. Did you, on that day, hear deceased say anything about James Caston? A. He came in presence of Frew and myself and said he intended to whip Caston arid Will Frew when he went to town. Q. What was his manner of speech? A. He spoke in a violent manner. Cross-examined by Mr. Wilson, Sen.?Williford was drinking, but he was not real drunk. As I heard the words, he said he intended to whip Caston and Will Frew when he went to town. . Edwabd_-Sadler, sworn. Q. Were you bound over as a witness Tor the State? A. I was. Q. Were you in J. P. Caston's store on Monday, just a short time before the homicide? A. Yes. I heard Robertson tell Castou that he had heard Williford say to Parish that he had that d?d s?n of a b?h to whip. Caston said nothing. I did not see Parish pass the door just before Robertson entered. I heard his voice. He spoke to me, though I did not see him. Cross-examined by Mr. Wilson, Sen.?I was a witness before the coroner. I was a clerk in Caston's store at the time of the homicide. I was in the rear of the store when the pistol was fired at the front door. After that Caston walked to the rear. I looked out on the street and saw the chair turned over. I made no effort to prevent Caston from shooting. . Q. State what you said on the subject to A. Williford. A. I don't remember. Q. Don't rememl)er what you said to him soon after the shooting? A. I don't remember. Q. Did you tell Mr. Williford you tried to prevent it? No; I don't recollect that I expressed any opinion al>out the matter. I was excited at the time, and don't remember anything. I don't remember seeing any one loading a gun or pistol in thu_Move. There is only one room in the store.. 31 iwas at the back part of the store. Jusfas I looked around he fired. Caston had a pistol in his hand half an hour before shooting. I. don't know whether in both hands or in one hand.. When I saw him with the pistol, he was about the middle of the stove. I do not know what direction he was looking. I do not know that he hailed Williford that morning when Williford was passing. I did not state to Hyder Rattaree, nor any one else, that Caston hailed Williford when he was passing. I do not remember a conversation with Howe. I do not know how soon after the shooting, defendant passed out of the store. When I returned in the store he was gone. I next saw him before the magistrate's court. Redirect.?The length of the store-room is fifty or sixty feet by eighteen or twenty feet wide. 1 was raised in this county. I have lived in Yorkville, and a year in North Carolina. -Davti) Haoins. sworn. I live in Rock Hill. At the time of tne homicide I was sitting near the door of my brother's store?on the outside to the left hand, leaning back against the wall. I did not see Caston at the time of the shooting. . I first saw him after the pistol fired. Saw his body, shoulders and breast. The boxing of the guttering on the side of the house prevented me from seeing his full body. When I saw him, his left arm was raised. Williford was between us. I was on higher ground. The elevation of the ground occupied by Williford and Caston is about the same. The boxing of the guttering interrupted my vision from the position I occupied. Jqnes^ sffQQ^ Q. Do you remember, at any fime, during the picnic on Thursday, before or after the fight between Williford and William Frew, of seeing Gaston and Williford together? A. After the fight and subsequent reconciliation between Frew and Williford, I saw them together. Q. What "did Caston say to Williford? A. I was by the buggy after the reconciliation. I went to Williford and asked him to take a walk. We went to the blacksmith shop not far off, and seated ourselves on a plow. All trouble was over at that time. My motive, in taking Williford off was to entertain him. Caston came up to where we were sitting, and took a seat to the left, leaving Williford in the centre. Caston said, in effect, that he desired to talk it over. So confident was I that he was in a conciliatory mood, I left, Williford still retaining his seat. I went to the crowd, leaving them to themselves, upon the idea that l/liey CUUlll UCl/ter IUill\C llicnua tliuuc tuau 111 the presence of a third party. From Caston's deportment, I took it to be his idea to make friends upon the heel of the conciliation among other parties. They separated soon after I left them, and in justice to both parties, I would say that I saw them both gesticulating as though they had not made friends. Cross-examined by Mr. Wilson, Sen.?Q. Did you hear Caston, at any time, at that picnic, say that he intended to have satisfaction? A. No. Q. Did you hear Caston say that that was not the time and place to have a difficulty? A. Yes; he came to me and Williford and said to me that there was no danger of him making a disturbance there on my premises. I don't remember anything else especially. I do not remember that he used the special words, 'this is not the time and place to have a difficulty.' He said he had too much respect for me to have a difficulty on my premises. That was the only time I heard him use sach words. When I last saw the parties at the buggy, Williford, Caston, Miss Missouri Williford and Lorraine Walker were present. I then thought the trouble was all over^T* 1 statementc)f tre prisoner. \ James' P. Caston, sworn. I am twentythree years of age. I was born in Lancaster' county. I have lived in York county for the last twelve years. My business, the principal part of the time, has been clerking. The pa3t two years I have been in business for myself? dealer in dry goods, groceries and hardware.Q. Were you present at the Presbyterian church in Rock Hill, on a certain occasion, about twelve months ago r A. I was. Q. Did any difficulty or disturbance occur on that occasion ? A. Yes. Q. Go on and state, without mentioning the names of any persons, the character of that difficulty. A. A young lady had been asked by a young man to accompany her home. She refused, being in company of her father. She took her father's arm and passed on out of the door. I passed out after them. I heard some cursing behind them by the party refused. Passim? out of the gate. the young ladv and her father went on. After I passed the gentleman and his daughter on the opposite side of the street, I heard loud swearing, and the words "d?d s?n of a b?h" also being used, and I heard a pistol fire. This was on Sunday night. I recognized the voice to l)e that of the person whose escort was refused by the young lady. Q. Do you know of another occasion some time past in Rock Hill ? By the Court.?Further matter of this kind, as relating to acts of violence of the deceased, as known to prisoner, must be excluded, [Exception made and noted.1 _ Q. Where has deceased resided'for the past twelve years ? A. Most, of the time in Rock Hill, except when he lived in Yorkville. 1 was well acquainted with him, and knew his character very well. I am a member of the Catawba Rifles, at Rock Hill. Some time previous to the unveiling of the Confederate Monument at Columbia, 011 the 13th of May, the deceased applied for membership in the company. There was strong opposition to his admission. I favored him and supported him all I could to the captain and members of the company. To objections, I replied that I thought it a good move; that he was trying to reform himself and I thought it our duty to encourage him. I was at the picnic at Iredell Jones' 011 the 20th of May. I went there in company of William Frew and Miss Annie McLaughlin. We arrived at about 10 o'clock in the forenoon. Reaching there, we drove to the door to get out. . I took the lady in the house and ?:it. down nivself. Seeinor some lemonade, I gave the lady a glass, and"perceiving that the (loor had been waxed, we slided on it awhile, after which we returned to the buggy and had it drawn to the shade and remained there until near 12 o'clock, Wm. Frew came to the buggy and said he disliked to disturb us, but a young lady wished to go home, and he wanted the buggy. He soon after, however, coneluded not to go to town, and I asked him to remain with the lady while I went to the well. I took water to the buggy and returned the glass to the well. The first I noticed of a dis-1 turbance at the buggy was when I approached j from the well after returning the glass. Miss j McLaughlin was in the buggy and the de-1 ceased and Frew were standing at the hack of ; it. The deceased said?"By G?d, Miss An-: nie, you are no lady." At that time, Frew said?"llush, Church," grasping him on his shoulder. I asked hipi to hush, but he seemed enraged and paid no attention tome. I helped the lady out and we started to the house. As we started off, addressing me, hesaid?uYou d?d s?11 of a b?h, do you take it up y" 1 said nothing. lie said?'"Never mind ; I'll I get you." I did not reply to this, but went on to the house, The deceased continued hiij abuse. lie said he didn't care for any j>oor".'. man's life ; he had money and could pay his' way out. Pointing to me, he said?"There's a d?d Episcopalian that I intend to whip." Q. Are you an Episcopalian, and how long have you been a member of the churcli ? A. I belong to that church, and have been a member eight or ten months. Q. Did you witness the difficulty between the deceased and Frew ? I saw the closing of the fight between them. I did not see the deceased's pistol on that occasion. Later in the day, two or three times, I heard him say, speaking of me, "Yonder comes the s?n of a b?h I intend to whip." When he made a similar remark to Gary Anderson, at one time, I was in the piazza of the house, some distance off, though I could see them. I had a conversation with the deceased after the reconciliation between him and Frew. I went out to look for him, having heard that he had made friends with Frew. I found him close to his buggy, in company with Iredell Jones and two others, sitting in the buggy. Before I got within reach of them, he cursed me for a s?n of ab?h. I walked up calmly. Mr. Jones got him quieted, and remarked to me that I had acted right. "Williford and I accompanied Mr. Jones to the blacksmith shop. Before we got there, talking about the proposed reconcilation, he said d?d if he cared anything about it. We took seats? Jones to his right and I to his left. Jones requested him to let me make my statement, and then he could talk. I told him I had been off for water and returned to the buggy containing the lady I had been waiting on, and that I desired no difficulty. He m.ide no reply, further than to say he cared nothing about it. Air. Jones left us about the time we commenced talking, The deceased, soon after, left, saying he didn't care a d?n for anything more about it. After this point|later in the afternoon, when preparing to leave, while I was in company of Miss McLaughlin and Frew, he came up, and pointing to me, said?"Yes, d?n him, I intend to cowhide him."' I made no reply, ana I and my companions returned to Rock Hill after thanking Mr. Jones for the entertainment he had given us. That same evening, before dark, I had a conversation with Capt. Allen Jones at the back door of my store. He asked me about the picnic, and I told him of the incidents after he left. He then passed on, and I followed him up and we took a seat, when he asked about the fuss. I told him about the whole affair. He then told me he had heard the deceased say he would kill me. and Capt. Jones advised me to prepare myself, because, said he, the deceased would take advantage of me and shoot me down at any moment. He mentioned so much abuse, which, with my other affliction, I said it was hard on me. About that time, Capt. Ivy came up. Capt. Jones remarked to him that we were just discussing the picnic affair and the abuse I had received. Capt. Ivy said it was a shame and a scandal that the <WpnQpr] was at ftverv nartvor nicnic. drawing a pistol and attempting to shoot some one. They .talked for some time on the matter, I listening. Capt. Ivy spoke of drawing up a paper, calling a meeting to denounce Williford's way of doing. In reference to this paper, he said the young men would all sign it, declaring th ey wanted to keep away from him. I s^id I would do anything and would sign it. Capt. Ivy also suggested a peace warrant} hut Capt. Jones said the deceased would have no regard for it, and that he would shoot me down at any moment. He said he had heard him say, not long before, that he would shoot some one and leave the State. On Saturday morning after the picnic, Capt. Jones came to my store on business, and asked me if I had been bothered yet. I told him no, When he said I had better be prejjared, and advised me to get a pistol, or something, as the deceased would walk into my store and shoot me down. About dark, on the evening of the picnic, Bob Gordon came and took me aside to warn me of a threat the deceased had made against me, in which he said he would fight no man fair, and if I got ahead of him I'd have to be d?d quick. S. G. Keistler made a communication to me on Friday morning, between 9 and 10 o'clock. He said he had seen A. Williford, Church and Wade Williford, and that they said for me to go out and they would fight me any way I wanted. Church had also said?"By G?d! he's got to fight me some way or other." Keistler also said I had better prepare myself, as I ""was in danger. I have never carried arms. The pistol was left in my storepawned by Martin Massey. When pawned to me I laid it away. [Pistol with five chambers shown and identified.] When left with me, all the chambers of the pistol were loaded. Four were loaded when I fired at the deceased. Two or three weeks before this occurrence, I took the pistol as I went to my supper, one evening, to try it, and fired one chamber. I first put the pistol on my person after the conversation with Capt. Jones. I remember Dock Robertson coming into my store on Monday, the day of the shooting. I was.cleaning the show-case at the time, five or aiv faat frnm the frrmt flnnr T qjiw f.hfi dfi ceased pass just before Robertson entered. My clerk, Sadler, was lower down in the store. Robertson asked me if 1 heard what the deceased said, and I repeated the words?"There's a s?n of a b?h I intend to whip." This was about half an hour before the shooting. On that morning, the deceased passed and repassed my house six times on the pavement, and once diagonally in front of it. He passed one time alone and in company with some one else at the other times. When he made the (remark about whipping me, he was walking in a north direction, t ? v?"Coming dowrTto the shooting. I went to my front door and stepped off the door to the pavement, for the purpose of removing some wooden ware which was at that time of day exposed to the sun. Looking up the street, I saw the deceased sitting there. He drew his hand from under his coat as I caught his eye, and made a motion as if to draw a pistol. I then took my pistol out of the left pocket of my coat?a sack coat?and fired. When I stepped out of my door, I did not know the deceased was out there. Only an instant elapsed from the time I caught his eye until I fired. My pistol was in the pocket., handle up. The face of the deceased was in the direction of my door. After firing, I immediately cocked my pistol again. I did not know the result, of my shot. I then returned to my store and loaded my gun?a breech-loader, a gun of th^ Catawba Rifles?,and watched the back doo? of Howe's house to keep from being shot in the back. When I loaded my gun after shooting, my object was to go to the trial justices office, and I took the gun to keep from beirfg crowded while going there. When I caught the eye of the deceased, he made a rawd movement with his hand to his hip-pocket, where I knew he carried his pistol. I believW he was going to fire on me. I believed-j-I knew?I was in great danger of bodily harin, or would lose my life. I was fond of the deceased and advocated his membership to the company. My personal feelings toward him, up to the occurrence a$ the picnic, were quite friendly, He frequently came to my store, laughing and talking. Cross-examined by Mr. Wilson, Sen.?At thet time I filed, I had stepped two and a half feet from my door, to get my wooden ware, which 1?1.1. f or./l luff Wilis Oil IJULJi Hllirs III JUG, tv# HUG ll^uc IIIIU 11,111 of the door, on the pavement, leaning against the wall. I looked in my front as I stepped out?threw my eyes in front. I afterward turned my body in the direction of Howe's, up street, when I caught the eyes of the deceased on me with a piercing look. As soon as I saw him, I lired. I was standing on the pavement when I pulled the trigger. As I fired, the deceased was sitting in an inclined i>osition, trying to wrench his pistol from his pocket, As I tired, I saw the butt of his pistol in his hand. He was slightly inclined in his chair, his eyes riveted on me. When I fired he withdrew his hand from his pistol and disappeared in Howe's door. On returning into my store, I hurriedly loaded my rifie and went out of the back door for the purpose of watching Howe's back door. I took my gun because I expected to be attacked. I left my own door when I started to the trial justice's office. I did not go immediately, but went as soon as I got company. I do not recollect who informed me, or when, of Williford's death. No information came directly to me that he was dead or alive. I heard the expression in the office of the trial justice, by others who were talking, that he was dead. I had nothing to say myself. While in rear of Howe's door, he spoke to me. He said?"Jim, don't shoot in here." I replied?"No, Mr. Howe, I have too much respect for you to shoot in your house." I think I was fifty or sixty yards from his door, but I was more particularly in rear of my own house. I went directly out of my door, in a straight line, fifty or sixty yards, before I made a turn, and advanced a few steps to get ill rear of Howe's building, I do not think I was in adU rect line with Howe's building, though I could see into the back door of his house, Howe was standing in his back door when he told me not to shoot. Ilyder liattaree came to my store on Thursday night with a message from the deceased. He said the old man Williford is up there and wants to know how you wish to fight Church. I told him I was surprised at such a message, when he repeated it, and demanded that I would send no verbal message; but to write down on paper what I had to say, and at the same time taking a piece of paper from the counter for the purpose. I appealed to. him to listen to me. He then leaned against the counter and I related to him the incidents of the picnic, after which he cooled down and seemed to be not so excitable. I told him I was not a fighting man, and reminded him that I rather sought the iriendship of all?old and young, black and white?that my business proved it; that I made all I had myself; had been for some time supporting my blind father, and reminded him of the recent death of my mother. I also spoke .of the manner in which Church had cursed me at the picnic. To this Hyder replied that Church did not mean that. I told him that I had been as good a friend as Church had in the town, and had supported him on various occasions? [During the recital the prisoner was deeply affected, both on direct and cross examination, and at this point he was interrupted by the Court with a question as to the result of the interview he was describing. 1 Witness replied: "Hyder said I was right and that Church was wrong." I told him that was my answer to the challenge?that silence was my answer. I did not say, "I am silent." When I fired the pistol I was on the pavement in front of my door. Redirect.?A. colored boy was present at tne interview in the store with Hyder Rattaree, and Ed. Keistler was also present at the time I made my reply that he had my answer. Sarah McMatthkws,, colored, sworn. I live at "Strawberry Plains," the name of Mr. Iredell Jonea' place. My house is some distance from where the picnic was held. At one time during the picnic I was at the well. I use the same well regularly. I knew 0. L. Williford, and saw him there that day. I also saw J. P. Caston there that day. I heard Williford remark that he wanted "to see Jim Caston. Caston was in a buggy near. Williford's sister asked him to hush, aiid he replied: "I don't care for a common mail's life. What do I care for a poor man's life? I have the money to pay for it." I know Miss Charlotte Neil. She was on the picnic grounds that day, but I didn't Bee her when this remark was made. Croat examined by Mr. Wilaon, That was all he said. He only called the name of Jim Caston. When he made the remark he did not point to any one. t .Redirect.?His manner wasTJfth?angry. Edward Keistler, sworn. I am a nephew ol the prisoner. I was in bis store on Thursday night?the night following the picnic. I remember to have seen in the store Hyder Rattaree and Caston. As I entered, I heard Hyder ask, "Why is your answer ?" and Caston replied, "You hye my answer." \/ Martin Massey, colored, rfWorn. I live at Rock Hill and have had business with Mr, Caston. I have not owned a pistol lately, but I left one at his store. [Pistol shown, which the witness identified]. I pawned it with Mr. Caston for seventy-five cents. When I left it there all the chambers were loaded. Miss Charlotte Neil, replaced on the stand. I know Sarah McMatthews, and saw her on the picnic grounds that day. I heard Williford say no had money onough to pay for any poor man's life. Defence closed. the state in reply. W. P. Goodman, sworn. [Witness objected tc by defence as having been marked on the indictment, but not sent before thb grand jury. Objections sustained by the Court so far as may relate to the introduction of new matter.] When Williford was shot, bis hands were down in front of him in a careless position. I was in Howe's bouse, where I do business, at the desk writing. Deceased was talking to me at the lnstaut he was shot. I was looking right _a 1 ? 1 1_ .1?4 rt1lma4m4aii HI Ills I nee Wlieil lie WHS mini, ^iiuniinwu ^?ition of the deceased by sitting in a chair.] When shot, he reeled around into the door, exclaiming that he was shot. While sitting on the chair talking to me, his hands were drawn on bis lap in a careless manner. He may have been turnea a little in his chair. He made no motion with his hands nntil he got tip and reeled into the door. I was at my desk, inside of Howe's house, twelve feet from liim. I saw him through the door. He had been sitting there between three and five minutes. [This witness was subjected to a lengthy, crossexamination by Mr. Wylie, of counsel for defence, which however produced no contradictions nor elicited any new facts pertinent to the case.] .6hari.es Patton, recalled. I saw the deceased Vhen he was shot. [Witness sat in a ohair and illustrated bis position at the time.] I saw no movements of his hands, nor movements by him at all nntil the shot was fired. I was not looking in that direction before the firing. Happened to see him Just as Caston shot. Caston was standing in his door, on the door-sill, when he fired. At the time he shot, he was on the door-step; neither foot was on the pavement. When n? fired, Williford rose and reeled from the chair, xnd as he reeled Caston cocked his pistol, as if to fire again. Crone-examined ?Can't say which hand he fired with. H. P. Haslam, recalled. [Witness illustrated, by sitting in a chair, the position of the deceased when he was shot.] His back was slightly to me, ids face looking into the house. He made nc movement until after the shot was fired. I waf looking down street for a man, and had been standing there five minutes, looking in the direction of where the shooting occurred. I saw Caston when he came to the door and fired. He stood in the door. I did not see him come out ol the door before he shot. I could have seen him come out had he done so. 'Cross-examined.?The back of the deceased was to me. I did not see bis hands. / Hyder Rattaree, sworn. I am a first cousin of the deceasd. J Q. Did you go to the defendant and deliver a message, and if so, what was the reply ? [Objected to by Mr. Wylie ot counsel for defence. Admitted by the Court, strictly in reply to matter brought out by witnesses for defence.] A. On Thursday night of the day of tbeplenio. I went to Caston, having heard that he demanded satisfaction, and asked him in what way 1 he wanted it. He replied: "I am silent" Aftertrefiecting on me for being the bearer of the message, I demanded an answer. He made the same reply. I went at the instance of A. Williford, fattier of the deceased. Q. State whether, in that conversation, the defendant denied that he bad said that he woum have satisfaction. l [Objected to as a general question, and objection sustained.] Q. A few minutes before deceased was shot, did he express to you any purpose in reference to Caston? [Objected to, and objection sustained.] Cross examined.?State whether or not Caston had a long talk in which be said be felt kindly towards you and the deceased. '[Question decided incompetent by the Court.] / A. Williford, sworn. I sin the father of Tn relation to that nart of Keistler's /testimony as to the conversation with him on the 'next morning after the pKuic, I said to him that I as he was a brother-in-law of Caston and also policeman of the town, I desired him to deliver a message for me; that I bad heard that Caston said he wanted satisfaction out of my son. and if that was what was wanted, I was willing for them to go beyond the corporate limits and be could get'satisfaction; that Church would fight him in any manner he might desire, I also proposed that Caston could pick a man, and I would, and we could go out and see fair play, or let them make friends if they would, Keistler replied that Caston would have nothing more to do with it. I then told my son to go on to Yorkville and take Mr. Barry, and he went. In that conversation, Church made some explanation or remark, that he would tight Caston there, or go out ol nie corporation, I think that was the purport of what he said, ' My son returned on the Monday following. At the time of the shooting, I was at my livery stables. Church's remark, that be would have a fight, was before Keistler aatd Caston would have nothing more,to do with it. When the pistol fired, Keistler was coming round the depot, between me and where the pistol was fired. He walked pert to the lower end of the depot and looked back. ?% Hava you had a conversation about thq, killing with Edward Sadler? J" [Objected to, and objection sustained.] / Iredell Jones, recalled. Q. In referen? to the matter about which you testified this nforning as occurring at the buggy ; did youlhear Church curse Caston ? A. I might have hard it if my attention had been directed to thenft At one time I was talking to Caston's brother li the buggy. I was near enough to have heald it. When we went to the blacksmith shop, deaased and I went together, and Caston came up qiickly after, as if following. I asked Church, aone, to get him away from the crowd to quiefihim down. While Caston was approaching us althe I blacksmith shop, Church aid not curse him. Cross-examined. At one time at the buggy, jay attention was drawn to Wilbur Caston. I wished to hush him up. There was not a great deal \f excitement. At that time, the greatest excitement was with Wilbur Caston. Church was then quiet. I had been talking to Church during the evening and was instrumental in his making friends with Frew. Church had promised me to be quiet, and I had no great apprehensions that he would break his promise. 1 took him oft to entertain him, merely to molify the situation. W. H". McCorkt.e, sworn. I am intendant of Yorkville. Deceased lived here for sometime?a year or so ago?I do not remember exactly. I did not look upon him as a dangerous man. I have heard from Rock Hill that his reputation " m?n moo hofl Hflm hl? inert? W) a UAII^OIWUO uinu Tfww reputation was good. I . Cross-examined.?His reputation at Rock Hi*Jf as I have heard, was bad. jr Peyton B. Dakwin, sworn. I am a citizen of Yorkville, and a trial justice. I knew the deceased. He lived here ten or twelve months?I can't be positive about the time. He lived adjoining me. I never saw anything violent about him. About this place be was regarded as quiet, peaceable and orderly. Cross-examined.?Rock Hill is about fifteen miles from here. Rumor said his reputation as to being turbulent, was not good. Dr. Wm. M. Walker, sworn. I am a citizen of Yorkville. I knew the deceased. According to his general character here, he was not considered at all dangerous. He arank a little, but I never saw or heard of his being violent here. Cross-examined.?I never heard of his reputation for violence at Rock Hill previous to his death. He lived here about twelve months. T. M. Dobson, sworn. I knew Churchill L. Williford, and was acquainted with his general reputation here. For quiet and order it was goodj Cross examined.?His reputation about Kock Hill, as to being violent, was not good. JosEPk Hern don, sworn. I knew Church L. Williford, and was acquainted with his general character in this community. His reputation here, as to being quiet and peaceable, was good. I never heard anything else. Cross-examined.?I knew him here ten, twelve or fifteen months. From hearsay, his reputation about Rock Hill, for violent dispositon, was bad. Capt. J. K. Gardner, sworn. I knew C. L. Williford. I was captain of the Jenkins Rifles at the time he was a member of the company. J considered him a quiet, peaceable man. . Cross examined.?In this community he was considered, so iar as I know, quiet. I have heard, before his death, that at Rock Hill he bad the reputation of being violent. Dr. J. B. Allison, sworn. I am a resident of Yorkville. I was acquainted with the general character of Church L. Williford. His teputation in this community was that he was not dangerous or. turbulent. Cross examined.?As to his reputation at Rock Hill, I have heard both ways. I have heard that be would resent an insult, l do not Know nis reputation at Rook Hill. Rev. Thomas E. Gii.bkrt, sworn. I am pastor of the Methodist church at this place. I knew Churchill L. Williford, and was acquainted with his general character in this community. I can't say tliat he was violent, dangerous or turbulent, nor that be was of a perfectly quiet disposition. He was of the general character of young men. H have never heard anything iu -this community f to the effect tha.t he was dangerous, violent or turbulent. Cross-examined.?I have heard, before his death, that at Rock Hill he had the reputation of being violent. Allen Jones, recalled. Q. Did you tell defendant that you had heard that Williford had said he would kill him? A. I said whip him. Q. Did you ever tell defendant that deceased would come into his house and kill him? [Ohtected to, and objection sustainod.] Q. What did you say in conversation with him on the Saturdav morning when yon called on him with the draft? A. I repeated what T had said on Thursday?that Church would use a pistol. I meant to convey that idea. I told Caston to be on his guard and be prepared. I thought Church was not afraid to do what be might have the intention of doing. . 1 >^_ Q. Did you, or did you not say, in effect, that Williford was a man that would come into "Cas? 1- -J .1 * A. . T tkof ho i would slip on him. I considered Wllliford, when an enemy, bold and open. - Q. His reply to Hyder Rattaree was tbat he ' was silent in regard to the message from A. Wllliford and Church and Wade ? A. That is what be said was bis expression. Cros*-examined.?At the last interview, repeating those warnings, I did .not say, "be on your / guard, and do not let him get the 'drop' on you." This was said on Thursday evening or the picnic. ' State closed. The testimony closed at 6 o'clock P. M.t when : It was agreed by counsel tbat there should be three arguments on each side, and at the sugges tion of his Honor that two should be made. tbat evening, his Honor announcing tbat he should ' interpose no restrictions upon counsel as to ' the reasonable length of their arguments. Mr. Solicitor Gaston opened for the State and J. C. Witherapoon, Esq., argued on behalf of-the i prisoner, and at the close of bis argument, at 8 ' o'clock, JP. M., Court adjonrned until 9 o'clock Saturday morning. On the convening of Conrt, Saturday morning, Mr. Patterson appeared for the State and waa followed by Mr. Wviie for the prisoner. Court , then adjonrned until 3 o'clock, P. M. On convening in the afternoon, I. D. Wither. spoon, Esq., appeared for the defence, and the ar. gument was closed by W. B. Wilson, Sen., Esq., for the State. , The prisoner was ably represented by his counsel, and no less eminent was the counsel on the * I part of the State. Seldom, in the Yorkville bar, , is snch an array of zealous and able counsel , engaged as was presented in this case; and seldom, even, in noted capital cases, have we seen l every inch of ground so stubbornly contested. . To say that counsel performed their whole duty ! to the respective sides they represented, would i be but simple jnstlc. ;'and ft la no less due to the eminent gentlemen to say that their efforts before the jury in all that constitute*. legal tact i aud eloquence are seldom surpassed in the courts of any State^- if-" '/fELft JUDGE'S CfTAROB. "> . i Mr. WHilon closed his reply for the State a little after 7 o'clock, when his Honor charged the jury as to the law bearing upon the different degrees of homiokte, explaining under which ciri cnmstancefrefte taking of hnmati life is an act of. \ wilful murder; when it is manslaughter, and \ when it is excusable homicide. He instructed the jury that it is their doty to try 1 according to the oath they took as jurors, and not by extraneous circumstances; that if they had ; feeling for or against the prisoner, it was their 1 duty to discard it, looking to the evidence alone. He then read from his notes the material points of testimony of witnesses for theSUte, and also? ; portion of the prisoner's statement, i He then proceeded to apmlain the law as applicable to wilful murdejf Murder is the killing 1 of a mRn airainst the D?ce of the State with mat ice aforethought, express or implied. Murder consists in the intention, whicth is the essence of the crime, and ita guilt consists in the taking i away the life of a human being with circumstanI ce8 that show a knowledge and consciousness of i views and designs. The malicious killing, with > premeditation and determination, is murder, i whether the design to effect death is formed on i the instant, or had previously been^am^talned. As a sane man is a voluntary agenCacting upon or from' motives, he must be prestnned to con' template and intend the necessary natural- and r probable consequences cf his own acta. If the intent tq kill be formed but one minute, Ibat is enough ; it is murder. ? y Now comes the-qnestion?the pressing necessity?of which yon from the evidence are to be thejudges. If tbere is no pressing necessity to kill arising oat of an assault and immediate aan> ger to life or serious bodily harm to the person killing, nor any accpmpanying provocation to arouse the passions, and acted upon before the passions had time to cool, the offence is murder. And again : There must be peril to life or limb, or reasonable ground to suppose such peril exists from some aggressive act in order that life maybe taken in self defence. No past threats or oonduct of the deceased will excuse homicide, without a present demonstration sufficient to authorize the belief that the deadly purpose then exists, and the belief that it wHl be executed, will excuse homicide. Does this test satisfy you that a homicide was committed? Was there h pressing necessity to kill ? A man is not allowed to take a life except to preserve his own. Was he in k imminent danger at the momentof firing? If so, ^e was justifiable; If in no such danger, he was Though the prisoner at the bar received such sure information of the intention of the deceased to attack his person or attempt his life on sight, as to cause him to fully believe it, and got the advantage of a favorable opportunity, and killed the deceased, the offence is murder, because at the time there was not a pressing necessity to kill arising out of an assault, and immediate danger to the person killing. In another form of words, though the deceased, on the day of the homicide, made violent threats against the person or the life of the prisoner, declaring he would beat or kill bim on sight, and at the time was armed, or had a gun in his band and said he was looking fbr the prisoner; and that the prisoner being advised of these threats, shot the deceased unawares, or in lying in wait for blm, I charge you that tue offence is murder. On the question of manslaughter, his Honor charged that it is the unlawful killing of another without malice expressed or implied. It may bo either voluntary, or the sndden heat of a- blow,, or involuntary in the commission of an unlawful act. The distinction is the want of malice. If the prisoner, meeting the deceased unexpectedly, intercepting him in bis lawful business, or waton ing or oesieguig uia uuur wunii uc miguv unto avoided it, tne provocation being sudden and un? expected, the law, in mercy, will not presume the killing to have been topon the old grudge, but upon the new insult, and the killing will be manslaughter. , Here a party was defending himself, fearing ' bodily harm, and firing when a more prudent man would not have fired, under circumstances which would render it a less offence. .^fae things that transpired on the Thursday be. 'fore, except the threats, have nothing to do with the case. No part of Thursday's transactions, except the threats, bears upon it. I can refer to no act of Monday arising from the occurrences of Thursday. Cooling time had elapsed. Then to the threats and knowledge of threats. The words used by the defendant?"Willifordhaa not cooled down vet"?showed that he supposed anger still existed, lie, too, may nothaveoooled down. The passing and repassing six times may have excited anger and provocation, and been sufficient to arouse evil passions. The remark of the deceased, passing Caston's door, "There is the man I intend to whip," I instruct you was sufflcient to reduce the offence to manslaughter, if, when he went out be did not know that the deceased would be in his view. The remark may have been considered a tacit challenge, and if be. stepped out and shot,under the excitement of feeling, it is manslaughter. * If this deed was not committed in self-defence* it must be manslaughter or murder. If a person engaged in a sudden affray quit the combat before he have inflicted a mortal wound, and retreat and fly as far as he can with safety, and then urged by mere necessity,_kUl bis adversary for the pres ervation of his ojpn life, the homicide is excusable.. Threats wea^proved by fourteen witnesses, so. that the palmer had fullbenefttof that character of testigajflTy to the exclusion of unoommuuicatedt threat^rthe admission of which in evidence ift una^nmon. jtKs to the efnestion of danger or reasonable fbar, (fourteen witnesses proved that deceased was of dangerous, violent character, but when sober, affable. The most of them proved that he carried arms. Eight?residents of this place?spoke of his character as being peaceable here, where he resided eight or fifteen months. At common law, to justify the killing, the bare fear of danger or great bodily harm, unaccompanied by any overt act, indicating a present intention to kill or injure, would not warrant a man in killing another. There must have been actual danger at the time. Lord Hale says it must appear plainly, by the circumstances of the case?as the manner of the assault, the weapon or the like?that the party's life was in imminent danger, otherwise the killing of the assailant is not justifiable self-defence. On the subject of good character, witnesses are always useful. In doubtful cases they may affect or influence the verdict. I instruct you that where the facts are such as to satisfy you of the guilt of the prisoner, character, however excellent, is of slight weight; but should- yon enter! tain a doubt of the prisoner's guflt, then you /-/