Historical Newspapers of South Carolina

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maMgiii,.i_l M|. , IBII im miMmM]wwiMi?rwiimnijinmiimDrrnrrnimrfmiMTriwMBiiTi^???? tUn w , r.-?? , . ? U^j , ..? - J lewis m. grist, proprietor. | $nbcjjcabcnt Jfamiljj ffcfosppcr: jfor % promotion of % |)oIilita(, Social ^gricnitural anb Commercial Interests of % Sontl;. j terms--i2.50 a year, in advance. VOL. 30. YORKVILLE, S C., THTJESDAY, NOVEMBER 6, 1884. NO. 45. She (Court of Sessions AN INTERESTING CASE. Some Delicate Points of Circumstantial Evidence. WAS SHERIFF GLENN'S BARN BURNED BY SPONTANEOUS COMBUSTION ? No case for several terras has excited more general interest than that of the State vs. Sylvanus Thornburg, tried in the Court of Sessions last week, the specific charge against the defendant being the setting fire to and burning of Sheriff Glenn's barn on the night of the 3rd, or morning of the 4th of September. With the facts pertaining to the attempt by the sheriff and his deputy to arrest Thornburg on the streets of Yorkvilie on the 3rd, his escape to his father's house, the summoning of a posse and pursuit and subsequent capture of Thornburg, as also the burning of the barn on the same night, the public are familiar. The excitement occasioned by all the events lent additional interest to the trial, and during each day of its progress all available space in the court-room was filled with spectators. The case was heard before Judge Cothran, and begun on Wednesday morning, the argument not closing until late Friday afternoon. In consequence of the continued indisposition of Mr. Solicitor Gaston, the Court assigned Messrs. Wilson & Wilson to represent the State. The defence was conducted by Maj. James F. Hart and Col. I Leroy F. Youmans?the latter gentleman, j as our readers know, of Columbia. There was little trouble in securing a jury, I the requisite number being drawn from the regular panel. Of the names drawn, fourteen were challenged by the defence; two were placed on their voir dire, and two were rejected by the State. The jury, as drawn, was constituted as follows: J. J. Matthews, Madison Alexander, colored ; D. B. McCarter, A. W. Hicklin, J. W. Wisher, S. M. Feemster, T. E. Blafr, William Ferguson, Rufus Chambers, | # colored; Simon M. Mills, A. J. Hardin and Edward Setzer, colored, who retired to the ? ' * ? A ITT jury room ana eiectea as ioreman, a. >y. i Hicklin. The witnesses were excluded from the court-room, and the taking of testimony j proceeded as follows: R. H. Glenn, sworn. I am the sheriff of j York county. I had a barn burned in this ! county on the morning of the 4th of September. The barn was 1} mile from town, on the Adair's Ferry road. It was situated about 40 yards from the public road. On the day previous to the burning, I had an ; official difficulty with Sylvanus Thornburg. I had in ray hands bench warrants against; William and Sylvanus Thornburg. I saw ! Sylvanus in town on the day before the fire occurred, and as he rode by where I and Mr. Darwin were, I said to Mr. Darwin, we ! will try to arrest Sylvanus as he returns up i street. On his return we made the effort, j Thornburg drew a pistol and dashed by us, riding out of town by way of the Methodist church. He was in advance of us, and riding on he would stop occasionally and | use abusive and threatening language to- ; wards me, swearing that he would not be I arrested. As we approached him he would ride farther on, keeping ahead of us. In this manner we pursued him to his father's house, he reaching there first. When we arrived at the house, we found him armed with a gun, and he threatened that if I did not leave there he would shoot me. In the meantime I sent to town for a posse. William and Sylvanus '.en: 'heir father's house in the direction of the Finley place, and I and my posse followed in the same direction. I next saw Sylvanus next morning while in arrest unaer r.y son, Thomas. When I first saw the light from the fire of 1 T iltMAA Knn/lI.A/1 xto rrlo j my uaru x wusauvut mice uunui jmuo from Thornburg's house anOlJorli mile from the Court House. I think it was about 1 o'clock in the morning. I came on to town; wentto my house and taking a horse, rode out to my place and found that it was my barn that had been burned. It was about an hour by sun in the afternoon of the preceding day when I attempted to arrest Sylvanus Thornburg in Yorkville. I left Thornburg's house about dusk. I heard firing of guns about 12 o'clock that night in the direction of the Finley house. I do not know who occupied the Finley house. It is about 31 miles from my barn by the main road. To go through by Mrs. Metts' place and Leander Parish's, the distance is about 31 miles. When I arrived at my barn, I found Leander Parish, George Russell and some other persons there. We commenced looking for tracks. I saw some tracks by the light of a lamp. The tracks were peculiar; the impression of themshowed that they were not made by natural walking. The tracks made a peculiar impression. I thought I knew the track, by the peculiarity of the impression of the outside of the left foot and the inside of the right foot. I believed at the time that the tracks were those of Sylvanus Thornburg. I have known him seven or eight years. Am familiar with his track. When I returned home from the fire, on my first visit to the place that morning, I learned that Sylvanus Thornburg had been arrested, he having been brought to jail. I then noted the track he made when he alighted from i his horse to enter the jail. From the simi- i larity of the tracks, I was so convinced that the track at the barn was his that I asked him for his shoes, remarking to him that I feared he would be in jail a long time for something worse than retailing liquor. (Witness then identified the shoes taken I from Thornburg on the morning he was j put in jail and explained to the jury the pe-' culiarity of the tracks made by them, owing to the lameness of the prisoner.) On comparing the shoes with the tacks, the left shoe, as to the tacks in the heel, corresponded exactly to the shoe. Every peculiarity of the shoe was noted to correspond with the track. There are eleven tracks in the heel of the shoe, and the impression of the track corresponded exactly with those tacks. The shoes otherwise fitted the tracks. We also saw horse tracks which appeared as if they had been made the night before. These tracks corresponded in size with those made by Thornburg's horse, but I cannot say as to wnetner tney were nmue uy ms norse. i The condition of the road was dry and dusty. I could not tell in which direction the horse track came. Leander Parish lives about a half a mile from the barn. I cannot tell what time it was when I reached the barn; it was before daylight.. Of the man's tracks, the left track examined was coming from the barn; we examined two tracks leading from the gate in the direction of the barn. These tracks were forty or fifty feet from the barn; not exceeding fifty feet. Near the barn the ground was hard. 1 The public road runs in front of the barn from the gate. The track of the man I saw j was near a small oak tree. The nearest house to the barn, where fire is used, a dwelling house, is seventy-four yards by measurement. The leather tap on the heel of the shoe made an indentation in the ground corresponding with the track. Crow-examined. I think the firing near the Finley place was about 12 o'clock at night. It was in the neighborhood of 1 o'clock, I think, when I saw the light | of the burning barn. I at the first suspected Sylvan us Thornburg of burning it. When I got to the fire Leander Parish called my attention to the tracks. I may have ex-! pressed my suspicion to him. I did speak about it to Mr. Russell. I did not see Syl-1 vanus Thornburg after sundown on the pre- j vious day. (Witness then, to questions' asked, explained different roads by which i his barn could be reached from the Finley I house. Of the several roads he did not i know which was the nearest.) Thinks de- f fendant had been drinking on the afternoon i that his arrest was attempted in Yorkville. j After he was put in jail he told me he had 1 been drinking. I have known him for sev- 1 eral years. Never had any difficulty with s him or any of his people. Nine years ago c they established a saw mill on my land. 1 Thornburg is a cripple He came there some s time after his father located on my land. < The young man spent a portion okhis time ? in North Carolina, and a portion in York < county; was passing between the two. His 1 father lived on my land four or five years. 1 I think Sylvanus was at Cherryville, N. C., < when his father moved from my place. I 1 have never seen him on my place since his i father moved from it; nor can I tell of his < movements. Sylvanus walked with more s lameness some years ago than he does now. 1 I have seen him walk without a stick. He had no stick on the evening that I attempt- .? ed to arrest him, and he then walked live- 1 ly; but in walking he did not move his i feet like an ordinary person. I saw four ' tracks; two of the left foot, one of the right I foot, and I thi nk I saw one more of the right 1 foot. Am certain of three, and I think I i saw four. The public road passes my premises and opens into the barn lot. One track 1 was outside of the gate in the road. I can- 1 not tell when last it rained previous to this i burning. There was rain on the day of the j political meeting at McConnellsville; it was < not a light rain. One of the tracks was near i the centre of the gate?a right foot track. 1 Another was near a stump inside, where 1 the ground was soft, between the wagon . way and the stump. The next was near a j post oak tree. The track nearest the barn s was not in the wagon way. Outside of 1 the wagon way the ground is firm. Near j the stump the road way was obstructed by . a pile of timber. He could have approach- i ed the barn from any direction. The pris- 1 oner's shoes have been in my possession 1 ever since he was arrested I have refused 1 and declined to exhibit them to the defend- 1 ant's counsel. I have shown them to some ! Sjrsons?to Mr. Parish, Mr. Riggins, Mr. 1 eorge Grist, and to members of my family. I To question by counsel for defence, Why < did you refuse to exhibit the shoes to de- i fendant's counsel? the witness, replied: < Defendant's counsel had the tracks, and I 1 had the shoes. Defendant's counsel shovel- ( ed up the tracks, and as he had them, to 1 make things even, I held on to the shoes. ] T *-?ro rlofonrlont'o i X UiU uui> anuty mc Iiav/na uu uvivnuuu. .j > counsel. He found them and moved them i away. "Mr. Hart : I object to the witness making such statement that I shoveled up the tracks. Witness?I will prove it. The cross-examination then proceeded : The ground slopes in a north-west direction from the house to the barn. Water flows across from the house to the barn ; the slope is slight; a fall of two or three feet from the house to the barn. An old negro woman who lived on my place two or three years ago told me she was afraid she would be burned out. She was not my tenant. I have two tenants?Greene Simril and John Simril. They once expressed fears that some cotton they had on my place would be burned, and they moved it. I had cotton there which I did not move, having no fears that it would be burned. The woods near there were burned some time during last Spring. The fire was on Mr. Herndon's land. I have in my hands a warrant for the arrest of Jack Stewart, charging him with assault on John Ramsay. I went to make the attempt to arrest him in July or August last. I did not succeed. He ran and got away from me. I fired my pistol as he ran, but (lid not lire at Mm. I never try to snoot a man when he is running from me. My dogs ran him, butdid not catch him. They bayed him a time or two. I started for him in the afternoon and attempted until sundown to effect his arrest. The dogs I used were common hounds and a bull dog. I do not know whether or not they caught him. I have not seen Jack Stewart since the day I attempted his arrest. The attempt was mad*} five or six miles from my barn. I know nothing of Jack Stewart's character. Mr. Hart : Has it not been said that the 7 supposition was that he burned your barn? { Witness: I have heard that one of your i witnesses has said that Jack Stewart burned i it. I have heard through Sam Ferguson 1 ttfno 4- Vw-i nni Ka?*1i aa/"1 1 Willi dllCK OlCWttll ?iU ill llic iicigiiuutnvAm J a week ago. D. N. White lives on my place. He came there last December. I know that the United States government charged White, last March, with selling liquor contrary to law, previous to that month. He was not arrested on the charge until since the burning of my barn. I went on his appearance bond. The barn was destroyed when I got there. I made no other discovery than the tracks. I could not get within thirty feet of the barn. A portion of the fences running from the barn had been torn down. The road is a common way of passing in and out from the barn. I saw some horse or mule tracks; examined the road for them. These tracks were above the gate leading up the road, and corres: ponded with tracks made by Sylvanus Thornburg's horse. I noticed nothing peculiar about the horse tracks. For a direct route from the Finley place to my barn it would have been natural for him to have passed through town, though I do not know which road he might have taken. I examined no road for horse tracks except near the barn. I remember the testimony given by me on the preliminary examination, relative to the woods burning. Also, the old woman who said she was afraid of being burned out. Her fear was that I. T. Parish would burn her house, and when she told me so I paid no further attention to it, not believing that he would do me any injury. When I went to arrest the defendant, 011 the 3rd of September, I had in my hands a bench warrant issued on the 8th of April last. He had just returned here from North Carolina. He did not complain to me that I had failed to give him notice of my intention to arrest him. I never made any such promise that I would give him notice; but I did tell his father that I should certainly arrest him 011 the first opportunity. When I approached him I had the warrant in my pocket. He did not give me an opportunity to show the warrant. 1 put him in the dungeon with J. O. Walker, who was arrested with William Thornburg. I put them in the dungeon together to prevent them from communicating with William Thornburg, who was also in jail for retailing. I kept them in the dungeon until William Thornburg was released from jail. During this time I received a written remonstrance from defendant's counsel relative to the confinement of Sylvanus in the dungeon. Can produce the paper if it is wanted. I put no detectives or spies in jail. I am above doing any such thing, and I deny ever having done so. Such a thing has'been done in this jail, but I deny any complicity with it. J never nave suueu to any one that I had spies in jail. I heard shooting on the night of the attempt to arrest Sylvanus. I do not know the exact number composing the posse. They reported to me that Sylvanus Thornburg dashed away from the Finley house in the direction of his father's and that they fired upon him. I gave the warrant that night, before the firing, to my son Thomas. I made an endorsement on it next morning, appointing him my special deputy to execute it. My instructions to the posse were to guard the roads leading from the Finley house and to make the arrest peaceably, if possible; but if force should be found necessary to use it. I do not recollect of telling them that if they halted him and he did not stop, to shoot. My instructions were to use force against force. Re-direct. It was some ti me last year that the old negro woman spoke to me about her fears of being burned out. When my barn was burned, she was not living in the same house as when she entertained the fear, though she was living on my land. rphere are two roads leading from the barn p by James Thomasson's. Joiin A. Darwin, sworn. Hive in YorkvWe. I have acted as a deputy for the slier ff, and was so acting on the 3rd of Septem- 1 >er. On that day I was sitting on the cor- t ier, by the beef market, when the sheriff said that Sylvanus had gone down the street i md we would catch him when he came back. \ A.s he was returning up street, we hailed c aim. He wheeled his norse and started to 1 ide off, cursing the sheriff. The sheriff ( spoke to him. Sylvanus also commenced ( jursing me. I had an old pistol that had ( aeen loaded two or three months. The 1 sheriff gave me the warrant and I approach- 1 3d Thorn burg, wno was men ritung on me . street in the direction of the Methodist ] ihurch. Some distance from Main street I i met Capt. J. T. Lowry and asked him for 1 [lis horse, on which I pursued Thomburg. i Dpposite the residence of Mrs. Miller, near . the Methodist church, I halted him, and he 1 lot stopping, I fired at him. Sylvan us rode \ in until he reached Ike Wright's, where he I stopped and defied us, the sheriff then being i with me. In the meanti me the sheriff's son, I Willie, came up with a sixteen-shooter. The s sheriff asked for the gun, saying his object 1 was to shoot the horse, and by thusdismounting Thornburg his capture would be easy, i Tom Glenn rode up. PursuingSylvanus in 1 the direction of his father's house, I was be- 1 hind the sheriff and his sons. I heard three i reports of arms in the direction of Sylvanus. < When I got up to Thornburg's house, Syl- I vanus Thornburg and William Thornburg ! were there, both armed with guns. Sylvan- i lis told me and the sheriff that he would ' jive us five minutes in which to leave there, < ir he would shoot us both. The sheriff i made a reply to a question by the old man, 1 that we had come to arrest Sylvanus on a 1 warrant. About this time, Joe Colcock, i Dunn Colcock and R. A. Parish came up. ] Dan Thornburg held the reins of my horse f ind the sheriff's horse, while we were on 1 them, until Bill and Sylvanus, armed with 1 ?utis, rode off. I then rode out toward the ] Axlickes' place and heard firing in the di- 1 rection of the Thornburg house, when I rode i lack, and meeting Dr. Jackson, he told me i there were none of the men at Thornburg's i tiouse, and I came on back. I was at the < lam the next morning after it was burned, i 1 did not see the track near the gate. I saw 1 three tracks inside the gate. (Witness iden- 1 tified prisoner's shoe, and said itcorrespond- 1 3d to the track.) Placed in the track it was i identically the same ; the track correspond- \ 3d exactly to the shoes. 1 was in the jail I ivhen Svlvanus pave the sheriff his shoes. | The shoes were here put in evidence before he Court.) I have noticed Sylvanus' walk, lie had no walking stick when we were at ;he house the evening of the 3rd. He did lot ride like a man that was much intoxicated. I saw horse tracks in the road. Some eight or ten of us went to the barn. Some one of the number rode Sylvanus' lorse. The track of this horse was the same is that of another horse track that was there. Sylvanus' horse was shod all round. Cross-examined. Defendant was intoxiiated on the evening we attempted to arrest lim. He did not fire at me. I fired at him. [do not think I hit him. It is over a mile roiii here to his father's. I do not know vhich house they call the Finley house. Vt the barn I saw three tracks of shoes? ;wo of them a step a part. The other was some distance from these, going in the ipposite direction. I could not say, from :he track, whether the man was going hur iedly. The consecutive tracks were )r 3 feet apart. I saw horse tracks, leadng, I think, towards Black's Statiou. These tracks were ten or fifteen steps from he gate, leading up the road. I did not bllow these tracks a hundred yards. I did lot examine any of the roads leading there or horse tracks. I fired at Sylvanus twice n town, on my own responsibility, having he warrant for his arrest in my hands. I lied after hailing him. lie was ricmig rom me at the time. Before this I snapped my pistol at him in the street, near the narket. The sheriff had summoned me to issist him in arresting Sylvanus. Re-direct. When I snapped my pistol at sylvanus near the market, he had pointed lis pistol towards me. On riding away, he vaved his pistol. lie made threats at Ike Wright's. He told me if I came up to him le would kill me. Rufus A. Parish, sworn. I reside in Iforkville, and am in the merchandising md livery business. (The shoes in evidence vere exhibited to witness, which he said vopp fhp smnp hp had seen Svlvanus Thorn iurg takeoff his feet and hand to the sheriff.) I !ie gave them to me and I took them down { ;fairs. We went out to where the barn was turned. I took the shoes. George Grist ac;ompanied us. I examined the shoes as we i vent and remarked that if the man who ] lurned the barn wore them at the time, ;he tap on one of them would tell the tale, j The track was peculiar. I put the shoe in 1 he track and it fitted exactly. I had the i eft shoe in my hand and applied it to the i Tack. There were eleven impressions of i acks in the track and the same number in ( he heel of the shoe. The tap on the heel f tlso compared with the print of a tap in the i rack. The distance apart of the tacks in 1 he heel and the impression of them in the t rack was the same. The sheriff (ailed our i ittention to a left track coming from the J )arn toward the gate. The track was plain- t y made in a bed of sand, showing the heel 1 ilainly, and the print of thetap anil the same \ lumber of tacks. We placed the right shoe i n the track we found on the outside of the t rate. It, too, corresponded with the track, r [ cannot tell whether or not the track was ] resh. The sand was dry. The track in the f ot, coming out, was distinct. I did not 1 examine the horse tracks. I was one or 1 he posse summoned by the sheriff to assist t n arresting SylvanusThornburg. We rode ( >ut to the Adickes place about a quarter 1 last nine, and remained until ten, when we i ode to Thornburg's house. We went from c here to the Finley place, where we met the t irowd. I proposed to Tom Glenn to go J lown through the field, and we agreed to t neet at Fishing Creek bridge. About hair t last eleven o'clock that night, Sylvanus i ia3sed near where we were?one hundred r md fifty yards from the Finley house?and c iome one fired on him. He rode on by. t \Ve went on down to the Fishing Creek i iridge. When I first saw the tire of the r iarn, it was about half past one. When ve first saw it we were two or two and a 1 ialf miles from the fire. The next time I g taw Sylvanus was the next morning. I c lo not know the dimensions of the barn, or c vhat it contained. s Cross-examined. I did not look at my vatch when the firing was going on. I was c lever in a skirmish or under fire, nor never 1 hought about the flight of time when a i nan supposed himself in danger. When we c irst saw the barn, it appeared to be blazing c ip. There were woods between us and the s ire. I carried the shoes to the barn. I landed the right shoe to George Grist. No c me but me and Mr. Grist had the shoes, t \Ir. Grist counted the sprig impressions be- \ ore applying the shoe to the track. We c vere all together at the first track ex- i tmined. George Grist counted the impres- s lions in the track. We were there half an ? lour. We found the tracks soon after we e jot there. The shoes were not set down on t he ground except in the tracks. I was i ,vith George Grist all the time. I don'tthink s he shoe was set down. I had one shoe in t ny hand. We set the shoe in the track' J ifter counting the tack impressions. I kept r he left shoe only while trying it in the t racks. The first track was of the right 2 oot on the outside of the gate. The gate i vas double, opening in the middle. There s md been tracks around the gate, but they ? vere tramped out by persons walking t iround. The ground was rather dry. There lad been dew that night. I do not remem- i >er that there was dust while we were rid- ? ng in the posse. Seven or eight of the t msse fired when Sylvanus was hailed. We t ired by order of Sheriff Glenn, who told us t f they did not surrender when hailed, to 1 ire unon them. I saw one right foot track 1 mtsiae of the gate; two left foot tracks in- 1 side. The sand was dry and I could not 1 :ell when the tracks had been made. i Re-direct. There was a heavy dew that i morning. Grist asked me if I had the left t shoe, lie counted the tack impression be- f ore we knew how many taeks were in the 1 leel. The sheriff did not instruct us to fire mless we were resisted. ArthurG. Hart, sworn. I livein York/ille. I was at the barn where the tracks vere examined. I sav tracks?one outside )f the gate, but do not remember of which oot. I saw a shoe fitted to the track. It :orresponded to the track. Sheriff Glenn, jreorge Grist and others were present. I lid not notice the horse tracks. I saw :he fire that night. I was four miles xoin town, on the Limestone road, with rom Glenn, Dr. Cartwright and Mr. Riddle. [ was with the party that went to arrest Sylvanus Thornburg. I went with Deputy Tom Glenn. I was near the Finley house ind heard firing, I think at about 12 o'clock. Affter the firing, I went, for our horses, which took about twenty minutes. I came A? /?L Ml?nk OM/1 ttfAnf Allf An jp IU tilt? OCUCUCl tlllULH, auvi WC11K WUU uu :he Charlotte road, having appointed to neet Tom Glenn and two other men at the Dridge. I had not then noticed the fire; saw it when about Wood's house. I was present at arrest of Thornburg. William thornburg was first arrested near the railroad trestle, aboutsix miles from town. Sylvanus was arrested soon after, nearer this way. Bill Was soflGffring from a wound, ind after we started from the trestle, I)r. ^artwright and myself stopped at the spring do get some water, Tom Glenn and Mr. Riddle rode on ahead of us. They were in advance of us, when I heard Tom say, 'Halt, Sylvanus!" He did not halt, however, and they fired. Sylvanus was armed with two pistols. I examined them. They were loaded. He was riding horseback. We met Sylvanus a mile this side of the irestle. Riding by Tom Glenn and Mr. Riddle after they halted him his horse stumbled and he fell off. I had a pistol in my land and told him to get up. He was then Drought to jail. We stopped at the Jones place. Saw the blaze of the burning barn while there, and had him to locate it. We irrested the defendant between two and ;hree o'clock. We returned to Yorkville ibout half-past four. I don't remember if Thomasson telling the time while we were at his house. Before turning back in :he direction of the trestle we went about ;hree miles from Osse Jones'?a mile and a lalf beyond the trestle. Coming back we net William Thornburg in a buggy near he trestle, and on further this wav we met Sylvan us. Cross-examined. I understood our orders from the sheriff to use no violence unless it lecame necessary. Sylvanus was hailed 30th tiroes before being shot at. I counted ;he heel tacks. There were twenty-seven mpressions in the sand, and the same num3er in the heel of the shoe. Mr. Riddle was ibout fifty yards in advance of me when ie fired on Sylvanus, just previous to his rapture. When leading the horses, I rode some times in a gallop. Cadet Moore was ivith me. After taking the horses to Riddle ind Cartwright and mounting them, we ode rapidly. Sylvanus did not display his pistols. I noticed his horse after he came jp to us near the trestle. I heard no sound )f horses' feet before Sylvanus was halted. The horse had a hard fall and was blowing. [ did not notice any perspiration on the lorse. The sun rose that morning at moonlown. When Sylvanus was arrested the noon was two hours high. There was noonlightall the way from the-place of his irrest to town. / L. George Grist, sworn. I remember :he night of the burning of Sheriff Glenn's iarn. I was there after the fire. On the norning the prisoners were arrested and iroughtinto town, I followed after them lown to the jail. When the sheriff started rom the jail to the place where his barn vas burned, I asked permiasion to go with lim. Mr. Parish was *vith us. About the ;ime we started, on the way out, he said 10 ne, "The sheriff's barn was burned last light, and he suspects Sylvanus Tornbtirg kvith having burned it. If he did, these, showing a pair of shoes) will do the work." t saw a traclc. There were twen ty-six tacks n the shoe heel; twenty-five of them made in impression in the track. I rr ensured the ;rack with a foot rule. Could count twentysix tacks in the heel of the right shoe; deven in the heel of the left shoe. They >vere put in irregularly, and corresponded kVith the track. There was one track on ;he left of the road coming out, but I do Hot remember which foot it was. It correspond3d with one of the shoes. I also saw the rracks of horses in the road, outside the *ate. A track, made by the horse that riiornburg was on when captured, was a Tae simile of a horse track near the gate. I Tieasured these horse tracks with a piece of paper and they corresponded. Cross-examined. I asked permission of the sheriff to accompany him to the burned sarn. I was not a member of the posse that ?vas out the night before. I was up that light until half past ten. I arose the next Horningabout sunup. Hearing the pris iners were in town, I came on down street :o meet them. I had not heard of the burnng of the barn before I got into the buggy ;o start, when Mr. Parish made the remark :o me about the shoes. My reason for going ,vas to see if the shoes "would tell the tale." [ had one in my hand. We were out there ibout a half an hour. Other parties had lold of the shoes besides myself. There vere twenty-six tacks in the heel of the ight shoe; twenty-tive impressions in the rack. One of them, among the last in the ow, did not show. I did not count the impression of the tacks in the left heel. I ound no tack impressions across the heel. The ground was sandy; the atmosphere a ittle damp; the weather dry. I could not ell whether the track was newly made or >ld. There were other tracks in the road. \Ve examined other tracks, tracks that we nade ourselves. There were tracks that we :ould not account for. I saw no barefoot racks. I did not follow up the horsetracks. [ do not know how many roads there are on lie east side of town approaching toward he barn. I did not examine the road leadng by way of the jail for tracks, nor the oad leading from the barn by way of Leanler Parish's. I think there is another road hat leads to the barn, but I cannot describe t. I followed up none of the roads. I did lot examine to see if a horse had been liitch*1 at the gate. There is woods near by. fo have hitched a horse in the woods aiid ;one to the barn would have rendered it ne:essary to cross the road. I saw no tracks Tossing the road. The road is clay. Oppo;ite the gate the soil is sandy. Re-direct. Had a man walked across the :lay road, he might have made a track. I iacl one shoe; Mr. Parish the other. "We vere together when one of the tracks was :ompared with a shoe. There were seven >r eight persons besides Mr. Parish and myelf present. George 8. Russell, sicorn: I was pres;nt at the examination of the tracks just afer the fire. Frank Melton, Mr. White, his vifeand sister, J. L. Parish, and perhaps (thers, were present. We saw tracks leadng from the gate to the barn. I could not ay positively that I recognized the tracks is tracks of Sylvan us Thorn burg, but if I :ver saw a track that they resembled, I hought they were his. I did not say that * ....... l.?o t.nnlr ill th?l f 5 T first t Wild iu? uata upnW ??v wmv v....v - aw it, but I did say so before I left there hat morning. (Shoes shown to witness.) ! have seen those shoes at the jail. I did lot compare them with the tracks. The racks were discovered by the Parishes, del ton, White and myself before the sherff got there. I pointed them out to the heriff. A horse had been hitched at the rate, but I could not tell whether in the lay or night previous. Cross-examined. I work in town. I was 11 Yorkville 011 the evening of the .'Jrd of September, and knew of the difficulty beween the sheriff and Thornburg. I had left own between sun down and dark. Part of he posse for the arrest of Thornburg had eft town before I had started for home. I leard of the shooting in the street. After [ had examined the tracks I remarked that L thought they were Thornburg's. I live !o0 yards from the barn on a main, public oad. I retired to bed that night not later han 9 o'clock. I heard a buggy coming rom the direction of town before I went to ied. I wont out intending to ask the news, but the persons in it seemed to have been i drinking and were noisy and I did not stop i them. The night was clear. I do not know 1 that the road was more frequently traveled i then than at any other time. It is a public 1 road and is traveled a great deal. The noise { of the fire awoke me. I went to the door, < thinking it was the noise of the train. Saw < the light and ran up to the gate barefoot. I i afterwards returned to the house and put i on my shoes. I did not awaken White at ! the time. Miss Patterson did not go to the 1 fire. It was about 1 o'clock when 1 awoke; . about ten minutes before or ten minutes af- . ter one when I went to the fire. Inattemp- < finer fst opp thp tirrif? T rlrnniwl mv watch f and failed to see the exact time by it. The 1 watch was set with the college bell in Yorkville. It was correct on that morning, j When I got back to the lire the roof had 1 partly fallen in. I went to pulling down I fence, which was also on fire. I do not I think it had been burning over a half hour ] when I got there. It seemed to be burning i from the centre. I think the barn was a ' two story building. It was planked up and < down and I think the roof was board. All i the lower part the weather-boarding all ] around was standing, but the rafters were 1 falling in. The west or south-west corner I was the last that fell in. The wind was i from the south-west that morning. The i south-west corner was the farthest from the < road. Judging from appearances the. fire was not put at that corner. There were I stables around the barn. I am a blacksmith. I shoe horses. Ilorse-shoes are generally bought ready made. Numbers 2 and 3 are generally used. I saw the horse tracks. I did not say when examining the i horse tracks that "there is my work." I cannot tell what were the contents of the barn. I could not see on account of the fire. The ground was dry and dusty. < There, were tracks all around. Five per- 1 sons were there before the sheriff arrived? ! J. L. Parish, I. T. Parish, Frank Melton, < Brooks Parish and myself. White and two i grown persons of his family also came up, i making eight. We pulled down the fences, i Took no pains in regard to tracks, while ] doing so, but we did not cross the road from the barn up to the gate where the i tracks were compared with the shoes. I saw the horse*tracks in the road leading i toward Leander Parish's. Followed them one hundred yards up the road. The sher- ] iff and Leanaer Parish were with me. I i measured no norse iracKs. mere were uu i other fresh horse tracks on the road. I do < not pretend to say by whose horse the tracks were made. There had been a horse i hitched at the gate, but I could not tell by 1 the tracks, when. The tracks were distinct. I did not compare them with any other ! tracks. The horse seemed to have been hitched to the left of the gate. The ground i is a little sandy around the gate. It was : fifteen or twenty feet from the inside of the i gate to one of the man's tracks. The horse had apparently been standing near the centre of trie gate. The tracks were not dis- i tinct enough to be correctly measured. i Re-direct. I have seen Thornburg walk i without a stick. I examined the horse- l tracks by candle light. The tracks leading from direction of Leander Parish's to the 1 gate looked fresh enough to have been made ] that day or night. Horse-shoes have to be 1 changed to fit the horse. The shoes, as orig- ! inally made, have to be changed to fit differently shaped hoofs. By "number 2 or 3" 1 I could not say that a horse wore a short or ' a long shoe. I went to the yard gate first, i The distance from the house to the barn is about as far as from here across the street. < No one, that I saw, entered the lot gate before we made the comparison of the person's tracks with the shoes. We made the exam- i ination after the lire was over, mere ww ~ roughness in the barn. I saw horse tracks leading from Parish's to the gate, but saw none leading back in that direction. The i road leading from Parish's comes across opposite the barn gate. J. Leandeii Parish, sworn. I reside in this county. My residence is one-half or three fourths of a mile from the burnt barn. : I remember the night of the burning. Be- \ tween one and two o'clock I heard the sound of a horse's hoofs going on the road by my house, but I cannot say in which di- i rection the horse was goin<j. There was < sickness in my family at the time. My wife was sick. I had gotten up to go to the piazza to get my wife some water and then i first saw the fire. To this time 2o minutes had elapsed since I first awoke. I hastened j to the fire as soon as I could after first seeing it. The top of the barn had fallen in when I got there. I saw a shoe track lead- i ing from the gate to the barn. It did not appear to be the track of a coarse shoe. It was dark, and we had only a candle. I did not remain there until daylight. I walked from niv house to the fire. I entered the barn yard by the small gate in front of the i dwelling. It was too hot to go in at the i barn gate. The road going east passes by i my house. The left goes into the King's i Mountain road, II miles from town. Another road goes by way of Mr. Clawson's. The road forks about forty yards from my house, : going east. On the King's Mountain road, it goes right across by way of Mr. Thomas- 1 son's. James Thomasson lives 3i miles ; from my house. From the barn to James Thomasson's the distance isaboutfour miles. < It was between 1 and 2 o'clock when I went i to the tire. My dock did not strike du- < ring the time I was away. I do not know i what were the contents of the barn. My f clock is a striking clock. I did not make a ' light before I started from my house to the i tire. i Cross-examined. I know thedefendant. I 1 have seen him a few times, and have seen i him pass my house. The road that passes 1 near my house is used a good deal. I saw ' two slim tracks leading from the gate to the i barn. Mr. Glenn was with me then. The < tracks appeared not to have been made by a j coarse shoe or boot. I did not wait until 1 daylight to examine them. The horse or ' mule I heard pass my house that night ap- i peared to be going in a fast walk or slow i trot. I could not tell thedirection in which f it was going, or whether there was any one j on it. I often hear horsemen and people on s foot passing my house of nights. I did not 1 go to sleep after I first heard the horse. I j told Glenn of it that morning. We did not ( examine the road for horse-tracks further i than one hundred yards. We saw horse- ( tracks, but could not tell when they might j have been made. There is only one road by 1 my house from the east-side of Yorkville, i leading to the barn, except to go through 1 town. There is thick, scrubby wood be- i tween my house and town. From my house 1 out into the Adair's Ferry road there are 1 two roads; the left leading to the barn ; the i right into the Rutherford road, one-fourth i or one-half mile from my house. f Thomas II. Glenn, sworn. I live in 1 Yorkville. My brother, Willie, is deputy t sheriff. I acted as deputy when Thornburg t was arrested. I had the warrant in my 1 hands when he was arrested. He was ar- ( rested in front of Hemphill's house, five \ miles from town. I think the time was t half past 3 in the morning of the 4th of Sep- f tember. From James Thomasson's to where f he was arrested the distance is a little the \ rise of a mile. I cannot say positively that t 1 U-~,l ,4- c*4>lr*U inornourg ever wuikuu whuuui ?v oiilr, i When he was arrested he hacl in his hand a s good-sized switch. On the way to town at- t ter he was arrested I saw the light of the j fire, and told Thornburg of seeing it. He i said he, too, had seen it. fie did not say ? where he was when he saw it. I had no t watch. I heard the firing in the neighbor- a hood of the Fin ley house. I was of the pos- i se, but 50 or 75 yards distant. The firing I was about 12 o'clock, I think?not later than c 12. When 1 first saw the fire, I was 3J \ miles from town, near James Thomasson's. f I stopped there and asked Thomasson if he t had heard any person pass his house. He f said he had not. I then went on up the road a toCapt. Fitchett's when we turned and came hack. We arrested Win. Thornburg and f J. O. Walker at the trestle. About one t mile this side of the trestle we arrested f Sylvan us. c Cross-examined. It is, by the dirt road, 51 c miles to the trestle. Sylvanus was arrested c this side of the trestle. I think the five \ mile post is beyond the point of arrest. We irrested him in front of Hemphill's house, o [ and Riddle were in front of the buggy, n riding on. Thornburg was close to us when si we first saw him, riding in a common saddle n jait. I do not know which party saw the h ither first. When I spoke to him, he start- ti id to run. Mr. Riddle fired. My gun did a not fire. I saw no pistol drawn by defend- ii int. His horse did not seem to be in per- I spiration. He was ten steps from me wnen [ halted him. He attempted to ride by us. IN [ snapped at him, and Mr. Riddle hred. tl A.tthe Finley house several persons fired; a iannot say how many. He was halted and n several shots were fired in the space of a ii few moments. Thornburgdid not fireat us. p When fired at near the Finley house he galloped off*. When arrested, he attempted ti to ride by us. One of his cartridges had o Kaon anannorl When T frnf. nn tr? him. Jlffcpr "F ~ tr>~ - ? J ? lie had fallen from his horse, he had no \ pistols in his hands. When I started up n that road, I had an idea that I would meet b with them on it. We rode rapidly a part o of the time. We went up the road two u milts beyond the trestle. We rode at the rate of about six miles an hour from the ii time we left the bridge until we turned t back. Coming back, we rode slowly. We v turned immediately opposite Capt. Fitch- h ett's house. Thornburg had two pistols. A v cartridge of the smallest one had been snap- t ped. I know not of my personal knowledge what were the contents of the barn. C I do not remember the exact time of the n threshing last summer, but was there once in awhile during the threshing. James G. Thomasson, sworn. I reside on the Lincolnton road, 3? miles from Yorkville. I remember the night of the burning. ^ I saw the fire in the direction of the barn. When I saw the blaze, it was about two o'clock in the morning?fifteen minutes un- y til two by my clock. The clock was correct v nt the time. There was a light near the s clock, and when I entered the house just fi after seeing the light of the fire, it was a o quarter till two. I heard a buggy pass ten t minutes after two. After the buggy had rI passed, I saw a man ride by, at three o'clock, i It was exactlv three when the man rode by o my house. The buggy did not stop. Mr. c Riddle and some others stopped at my house o and inquired if a buggy had passed. This d was before either the buggy or horseman e had passed. It is li mile from my house to o the railroad trestle. The four-mile post is b half a mile from my house, and a few hun- v dred yards from Hemphill's. The six-mile h post stands near Mr. Moore's. I did not re- v cognize the horseman, nor did not notice e the color of his horse. The road is thirty or o thirty-five yards from my door. It is 2 or fi 2J miles from my house to Glenn's barn, s From my house to the barn, I would take d the country road and come in by Mr. Far- 1 ish's. I know where Leander Parish lives; r the fire was in the direction of his house. n Cross-examined. I live near a public road, li People pass it at all times. I do not say that t my clock was exactly correct. I was called 1 up by Mr. Riddle. I did not see the fire a until he had called me. l remained out 01 i the house not exceeding ten minutes. b It. H. Glenn, recalled. The contents of 1 the barn were wheat chaff, straw, shucks, b hay, clover hay and a few pieces of wagon d timber. The building was 36 feet long and b 30 feet wide. It was a framed building, v with a back shed of one and a half story, f: The barn proper was two nine-feet stories, f There was a wagon shed in front. The b size of the barn proper was sixteen by v twenty feet. Stables were cut off at each t end. Two stables in the rear were filled n with chaff and wheat stra^v. In the left of i the barn was fodder, clover hay, oat straw t and crab grass hay. The story, was nine I feet high, and fined with hay, straw, Ac. 11 Cross-examined. The barn was two sto- b ries, nine feet each. It was planked up and t down with pine plank one inch thick. The v plank for the gables were twenty-five feet e in length. The rafters were two by four t inches, sawed. On the lower floor two stables contained chaff and straw, and a room g in the rear contained shucks. The barn was 1 generally full. On the upper and lower c floors there were thirty-five loads of straw, v but 1 cannot say how much was in either t story. A greater portion of the straw was a on the upper floor. Reached the upper floor t from the inside. It could be reached from a the outside by climbing up the door and v entering by a window. Some of the straw t was put in last year; some last July or Au- t gust. There was rain for about five or six weeks iu May and June. There was clover \ hay on the loft, but I do not know what t rjuantity. A part of my straw had been ex- \ posed to the rain. I do not know in what r part of the barn the crab grass hay had been I put. Some sheaf oats were also in the barn, r My wheat was at home. The barn was n burned down when I got there. I could t see from town the smoke rising up. The 1 straw was burning, making some light. I a cannot tell what time it was when I reached a there, though it was after two o'clock in the fi morning. I did not see the marks of a a walking stick on the ground. Had I seen a such marks I should have noticed them. fi J. O. Walker, sworn. I was at Thornburg's house when the attempt was made to e irrcst them. William Thornburg left the Finiey house ten minutes past twelve \ 3'clock. We went through the Finley land k icross the Limestone road at Beth-Sbiloh h Church. From the Finley place the distance v is two and a half miles. We drove in a si dow walk, William suffering from a wound, o The Limestone road crosses the Charlotte o mtl the Lincolnton roads. AtJamesThom- 1 isson's place we turned to the right. From P the PInley place to his house the distance is a ibout five miles. Passing Thomasson's t< house we went in the direction of Clover. When the road was smooth we traveled in v i trot; when it was rough we went slowly, tl Cannot say at what time we passed Thorn- o isson's house. We left Sylvanus at the Fin- I ey place. He said he could not go with us I vvhen we started, that he had to see a man \s ip the country, and that he would probably h lot see us until the next night. We next u saw him after his arrest. I have been in n ail with him, both of us confined in the a same room. I do not know personally that L le conveyed a written message from the h ail to Lowry and his (Lowry's) wife. I un- F lerstood from him that his message to them b vas that he was in a bad fix if they could a; lo nothing for him. He wanted them to ei swear that he was at their house from the ti ;ime he left the Fin ley house until the next cl norning. Some writing was sent by hand? h ly his brother William. I do not know n ,vhat the writing was. Ho wrote notes to William and slipped them to him in the jail, c< lefore William left the jail. The next day tl ifter we were put in jail he gave me some 11 natches from his pocket. Pie said that n rom the way the sheriff talked to him when I le took his shoes, he did not know what u rouble he might get into, and asked me to n :ake some matches that he had in his pocket, t took them, and they were afterwards giv- si m to some darkeys in jail, except some a vhich Sylvanus took from my pocket one a light. lie afterwards said he took them "rom my pocket, being afraid that if it was tc bund out that he had given them to me, it L vould give me trouble. He asked me never 0 say anything about his giving me the tl natches, or taking them from me. He also tl tsked me not to say anything about another I Inner that had occurred before he came to p< ail; that was in reference to his drawing a I )istol after his horse fell just before he was ai Lrrested. I saw the light of the burning ei >arn when we were between the Limestone T ind Armstrong's Ford roads, between 1 and tj ! o'clock, I have heard Sylvanus Thorn- cl mrg threaten that if ever he was arrested, n: >r an attempt was made to arrest him, he bi vould have revenge. This was when they tt irst went to arrest him. He has since said w hat if he was convicted on this thing, his st riends should know every man that swore B igainst him and they should have revenge. D Cross-examined. I suppose I was arrested fc or resisting an officer. I was locked up in 0 he same cell with Thornburg. No explan- r( ition was given for it. We were put in the fc lungeon. I was kept in it twenty-seven tl lays, and Sylvanus thirty days. I have no h: ounsel to defend me. I do not know' w vliothcr I will need counsel or-not. fr L. Lowry Smith, sworn. I saw the fire f Glenn's barn. I was on the Charlotte oad, one mile from town ; was on the other ide of the Mile-Branch, which is just a lile from the Court house. When I got ome it was two o'clock. I walked; was ired and walked slowly. It took me near half an hour to walk home. My house is i the south-east part of town, near the Episcopal church. Cross-examined. II. C. Strauss and Cadet loore were with me. I saw no one else on lie way. I did not pay special attention to ny one on the street. * Oh that particular ight I noticed no one particularly. I came non Main street; had been out with the osse to help arrest the Thornburg boys. H. C. Strauss, sworn. I saw the tire of lie burning barn. I was one hundred or ne hundred and fifty yards from the Mile5ranch. I live in the first house below Vithers' hotel. Think I got home at ten linutes before two. I awoke Dr. Walker o tell him about the fire, thinking it was n his place. I suppose I was fifteen min:tes coming from the Mile-Branch. Cross-examined. My natural gate in walkng is four miles an hour. I walk around his town at that rate. I was excited and talked fast. I kept with Mr. Smith. We iad just emerged from a piece of woods phen I saw the fire. I do not know that he trees prevented me from seeing it sooner. The hour for adjournment haviug arrived, !ourt adjourned until o'clock Thursday norning. Thursday, October 30. With the examination of the last' witness esterday, the State rested. defence. Nathaniel White, sworn. I lived this ear as a hired hand on the Glenn place. I pas at the fire. The barn contained oats, traw, clover hay, hay, fodder and chaff rom wheat and oats; also some unthrashed ats of this year's crop. The quantity of he straw was from 228 bushels of wheat, 'here were three loads of clover hay, putin n the month of August?about the middle f the month. There were two loads of lover hay put on the upper floor, over the ats straw. One load of the clover was amp when we put it in, but it was scatterd. The crab grass was putin about the last f August. I never heard of any threats to iurn the property. I have seen a little place Hiprp hnd hopn a fire, on the rierht land side of the road, but do not know whether it was the accidental work of hunt' rs, or done by design. It was about one 'clock in the morning when 1 first saw the ire. My wife awoke me. When I first aw it, the roof was nearly ready to fall in. 'he upper part seemed to be blazing most, 'he side walls had not fallen in, but the afters were nearly ready to fall. I heard 10 noise around there that night. A road sads from the barn to the big road. The enants live on the back side of the place, 'hey use a path-way by the barn. Two tennts, with their families, in separate houses, ive there. The tenants got tnere after the iarn was burned. Mr. Glenn sent for them, 'he gate is about twenty yards from my louse?in sight. My house has glass winlows on side facing t'.ie gate. Had a horse icen hitched that night at the gate, there fas nothing to prevent it from being seen rom my windows. Had any one passed on aot, he would have been in view. The ?arn could beapproached from the backside fithout the person being seen. I saw the racks. I saw one of them measured; took 10 particular notice to it, except to the tacks n the shoes. I heard R. A. Parish say here were eleven tacks in one of the shoes, did not count them. I believe if I were o see a truck of that same foot. I would :now it. Coming from the east side of town here is one path to the gate?the nearest ray. I noticed no horse-tracks; did not xamine for them. I am a hired hand on he place. Cross-examined. A horse hitched at the ;ate could be seen from my house in day ight or by bright night. There is an orhard between the house and the barn. A fhite oak and a hickory tree are near he gate, which shade it. These trees, on , bright night, might shade a horse hitched here. I know the time by my wife being sked by Mr. Parish when he came. It fas then half past one. A pathway led hrough the yard. It was the habit to go hrough the yard. Col. W. B. Allison, sworn. I am a surreyor. I am familiar, to some extent, with he topography of the ground around Yorkille. I have been requested to make a nap of the roads leading into Yorkville. believe the map I have made to be corect. I made it from a map of the county nade by myself. (Witness then explained o the jury by the map, the location of the 'inley House, Joseph Thornburg's house nd the road from it to the Finley house, nd pointed out and explained the distance ? ? 17^:m1a<* +/\ Karri vuhiph iq rum ilie jt i inej nuuo^ uiv wu* } n ?..v.. .w bout four miles in general direction?a ride, ccording to witness' idea, of one hour and ve minutes, ordinary speed. His cross examination was a continued xplanation of directions and distances. lie-direct. I do not know the house that V. It. Lowry lives in. I have, to my nowledge, located no road passing by his ouse. Lowry's house being.pointed out to fitness, he said by way of it to the east ide of town the distance is one-eighth or ne-fourth of a mile further to the Metts rchard. From the Finley house to Joseph 'hornburg's and then to the Armstrong's 'ord road, the distance to Glenn's barn is bout four miles. Ilobbs' house is a quar3r of a mile from Lowry's house. Columbus Goore, sworn. I was at Sylanus Thornburg's house on the evening of :ie 3rd of September; was there until 10 'clock. When I left, Jake Montgomery, >ick Russell, McCullough, Sylvanus, Bill >an and his daddy, were there. A negro roinan was also there. I live four or live undred yards from Sylvanus' house. I ent from there to Dick Russell's. I did ot go back. I was not awake very long Iter I went home. I was waked up about .velve by Dick. He came there to put on is clothes to go off with Bill Thornburg. [e stayed about twenty minutes, and went ack to the Finley house. I went to sleep s?ain. I heard shooting, and was awakenil by the big shooting. It then lacked .venty-five minutes of one o'clock. My lock runs as correctly as common clocks. 1 ave no reason for believing my clock was ot keeping correct time. Cross-examined. In regard to evading be)ming a witness in this case, I did say lat I was keeping out of the way and did ot want to be a witness in this case. I did ot say to Dan James, or any one else, that would not swear a lie unless I was scared p to it. I don't mind saying that I would ot swear a lie unless cross-questioned. Re-direct. I have never had any conversion with Major Hart in regard to this ise. I never was a witness, nor never had case in court. Second cross examination. I have never )ld anybody what I was going to swear. Id not tell the Thornburgs. R. S. Russell, sworn. On the night of le 3rd of September, in the early part of ?i-t-i. T in + ,rinrr m/lflor ltj UJ^lll, X ixa JU KJ?..fe .vuuv.. went to Sylvanus Tnornburg's after super and stayed two or three hours. When left, Jake Montgomery, Harrison Blalock, id Mr. Thomasson were there?none oth s that I remember, excepting Sylvanus hornburg. When I got there, it was thirr-five minutes after eleven. I changed my othes while there. William had asked le to go with him and bring his horse and nggy back. When they got ready to start ley made arrangements for Dan to go. I as there about an hour before the buggy arted. I and Oliver Walker went with ill. I walked in front of the buggy, an and Bill had a disagreement just beire starting, and Dan said he would not go. n starting, there was some difficulty in lusing Bill up from the effects of chioroirm. Dr. White and Dr. Bratton had been lere to dress his wound, and Dr. Bratton ad said that when the effects of chloroform ere over, the sooner he could be moved om where he was the better it would be.