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SUPPLEMENT Tl SE??TOTRIAL. . Circuit Court, Eighth Circuit -Gen? eral Sessions?June Term, 1875. TOE STATE VS. J. II. SEEG ARS. A lily the, Solicitor, and J. H. Whitner for the Stale ; Messrs. Hurt, Broyles and Murray for the defence. This case being called for trial at the hour assigned for Ihe hearing thcicof, a motion was made by Col. Burt, leading counsel for the defence, to sequester the witnesses, and have such sis might be re? called remain in the custody of the sherifl until the evidence was closed. Solicitor Blythe objected to the latter part of the motion, but bis objection was overruled, and an order granted in pursu? ance of the terms of the motion. Mr. Tucker, a slate witness, and Messrs. pray ton and Tolley, witnesses for the de? fence, were excepted from lee process of sequestration. Ten witnesses for the stale, whose testi? mony would only be required in vindica? tion of the character of one of Ihe stale's witnesses, were also excepted from tho cf fects of the sequestration. The counsel for the defense stated that argument by three of the counsel for the defense would be mad '. The stenographer was then sworn. The Solicitor then stated that the in? dictment showed that a true bill had been found against the prisoner in Anderson county, but -that by virtue of an order of March 81st, 1875, of the circuit court sitting and holden in that county this ccse had been -transferred to this county. Whereupon, the court di? rected the order to be spread upon the minutes. It was announced that the pris? oner had been arraigned in Anderson, and had plead not guilty. Defendant's coun sei moved to remove prisoner from dock 4oseat.near his counsel, which motion the court refused. The following jury was then empan nelled to try the issue, and the jurors sworn.: . T J McKinney, Manly Bright, 0 T Da? venport, \A. SriDuncan, W 0 Cleveland, Alexander McBee, W C Yergah, John W Batson, A A Poster, T P Nichol, B F Moaeley, S C. Clyde. .t .The. reading of the indictment in Ger? man was then waived by defendant's coun? sel, and indictment read to the jury. - - FOB THE STATE. ' Brooks Gearly sworn, says?I was present when Catherine Tucker was killed in Anderson county, at Mr. Tucker's house on the night of July -2b;h, 1874; she was killed by Mn Henry Seegers ? was there when Elbridge Tucker and Seegers got back, about nine o'clock; when they got beck heard them in the yard; I got up and opened the door; they brought some boxes out of the wagon into the house; BDmdge told Mr. Seegers to take the horses to the lot and he would finish un? loading, and would go to the lot and feed them; I met Mr. Seegers coming back, and said, you're pretty wet; he said, wet as hell; Miss Catherine called them to sup? per; he went into the dining room be? fore Mr. Elbridge Tucker did; they sat down, and I walked in and asked the news; they said nothing of importance; said they sold their cotton at 1'2-J- cents; at supper Seegers ate but little; he had some candy in his haZds and gave the youngest daugh? ter some?Miss .Anna; Miss Catherine says, I want a piece; he said he reckoned she could have it if she wanted it; she took a piece; we all walked into the house; Mr. Tucker said I must take my pi stol and dry it off; Mr. Seegers stepped up to him and said, Bub, is it loaded; he always called him Bub; Elbridge said, yes, it is loaded; he said, is it loaded, in fact? Elbridge said, yes, it's loaded?every barrel; he seemed satisfied; took it in bis band and held it up and looked at it; he turned the cylinder round three or four times; he turned round and said, that's all I want to know; be took a shirt he had bought and began fixing the buttons in it; Miss Cathe? rine said, Herry, I will put the buttons in it for yon; he said no; she said I will put them in for you to monow; a short time after, Mr. Eibridge Tucker having dried the pistol, stepped back to the sewing ma? chine and came back to the fire and said, - Brooks, I believe I will retire; I would have gono with bim but was talking to Miss Anna and Miss Kate; he retired to-bed and left I ha pistol on the sew? ing machine. Mr. Elbridge Tucker bad been gone to bed about five minutes. He picked up my knife and said, I have got your knife. I said all right. He put in his pocket. Miss Elvira started lo bed, and there were only four of us left. Mr. Seegers slipped back, and picked up the pistol from the sewing machine. I was sitting opposite the fireplace. Miss Cath? erine was sitting opposito me on the right, about two feet distant. Miss Anna was standing with her hands on tho back of my. chair. The sewing machine was about twelve feet from Miss Catherine Tucker. He had advanced to about six feet from Miss Catherine. She said, what do you want with the pistol. He said, I want it She said, what do you want with it? He said, I have a use for it. She said, Henry, let me give you a piece of advice. It is not very becoming for a young gentleman in this country to carry a pistol. He made two steps toward her, and reached out his arm, and presented the pistol about six inches from her. The ball struck her centerly in the head. Up? on hearing the noise of the pistol, Mr. Elbridge Tucker ran out, and saw that she was shot, and he went after Mr. Simpson. She just fell when she wns shot, He (Seegers) did nothing at all as she fell.? She brushed on my shoulder. She fell doubled over the chair. I called on Sec gars to help me. He was standing look ing at me. But I got her by the head and shoulder, and laid her down straight for SS&h Mv?lP t0..me ?Ls*'t\!S was not. T said, I am going to Mr. A'sL ley's and get somebody to come. Her sister said, go quick. He came out about five yards behind me. She said to him. Heury, what did you do it for ? He said, ask me no questions, or I will shoot the last God damn one of you. I went to Mr. Ashley's. When I came back, he was gone. I stayed there aU night. She died about sun-up. There was a physician there?Dr. Milford. I was on a visit ; do not live at Mr. Tucker's. I was gone about a quarter of an hour, when I went to Mr. Ashley's. Have never seen See? gers since, until about two mouths after? wards, when I saw him in prison. I wns visiting Miss. Catherine. Know nothing of the feelings between the accused and Miss Catherine. CROSS EXAMINED. Mr. Tucker's house is about one mile from my father's. Am not twenty-one years old ; will be nineteen the 3d day of next August Have good health. I was about two feet from Miss Catherine when he presented the pistol. He was iu my eye when he picked up the pistol ; my eye was on him when he advanced; also when he presented it; I did not say any? thing; I jumped up as soon as the pistol fired; I made no effort to prevent the use of the pistol; I had no time; ho made two steps toward her so quick that I could scarcely get to my feet; I was on a visit to her; Mis Catherine said nothing about his not behaving or things like that; it was 12 feet from the sewing machine to wbet*te she was sitting; he was on my left; the sewing machine was in the house about halt way between the corner and the door; there was nobody in the room except those mentioned; there is but one story to tho house; the prisoner went into our room; I did not know whether he did or not fol? low Elbridge out; remembers Miss Cath? erine when asking him if he was going to tho pic nic Friday; he was standing before thefire place; he said he was going; nolbiog was said about mending any part of his dress or garments; noticed that he ate only three or four nnouthfuls" at supper; was in theroom- when he was eating; ob? served it at the time; I saw him pick up the pistol from the sewing machine; I did nothing to prevent it; I did go there to see her and was sitting within two feet of her side; was not excited before the pistol was fired; is sure that ho has given the correct conversation between Elbridge and the prisoner about the pistol; I never thought to do any thing before the pistol fired; made no remonstrance and did not act to prevent it; I suppose'that the pistol was Mr. Elbridge Tucker's; he said he would dry the pistol; recollect that he said the pistol; it was in his hands when fired at her; do not know where be did; do not know where he took it from; I saw it was in his hands; don't know where he tepk it; I had the pistol in my my hand ; I made no attempt to arrest Seegar; no one made any attempt to arrest Seegar; Mr. Ashley lived about balf-a-mile from Mr. Tucker's; I saw Miss Tucker on the Satur? day before; she told me her parents were going to Anderson; asked me to come to sec b?r. I went after some one to Ashley's, to get some one to come Jdown; I became excited after the pistol was fired; did noth? ing; don't say he passed him on piaza; he followed him out behind him about five feet; don't know whether he had the pistol then or not; I went to Mr. Ashley's; don't know whether anybody had washed the blood from Miss Tucker; Elbridge went on to Mr. Simpson's; it is about a quarter be? yond Ashley's; don't know how many times pistol fired; didn't examine the pis? tol myself; don't know what was done with pistol after shot; recollects that See gars asked Elbridge if the pistol was loaded; he said, Bud, is the pistol loaded; Elbridge said, yes; be said loaded, in fact; he said yes every barrel; don't fool with it; there was nothing particular in the conver? sation to attract any attention ; this was on tho 28th of July last; I was not examined at the inquest; was not there; I was hunting for Mr. Scegars; have made no written statement with regard to this case; went before tho grand jury at Anderson; have not had a conversation about it with Mr. Tucker's family, not concerning fixing up evidence; I thought you referred to that;'i don't understand you; have not had a par? ticular, nor general conversation with any of them; have had some talk about it with Mrs. Tucker. Q?What did you say to her. Objected to and objection sustained. Have had no particular conversations with auy of tho family of Mr. Tucker; don't know what became of the candy; I had no candy; I do not remember whether Seegers played on any instrument or not, or accordeon iu the room that night; I re? collect the prisoner saying that he was going to the pic-nic; Miss Tucker asked him if he was going; it was to be on tho following Thursday; the 28th was Tues? day; nolbiog was said about repairing his clothes except putting buttons on his shirt; don't remember whether he went lo his chamber that night BY THE COURT. She was on my right; he had lo pass me; the pistol was pointed at her from my left iu my rear. CROSS EXAMINED. When he was behind me I saw the pistol; I could have laid my hands on It; did not do it. RE-EXAMINED. 1 didn't think about his shooting, I was hunting Seegers at the time of (he inquest; I don't remember where, as far as Mr. Wilder's; didn't go out of the | state; does not know Mr. Seeger's hand willing. MiB3 Annie P. Tucker sworn, says?I. was present whcu my sister Cathetine was killed; I was there, aud Brooks and Henry and my sister; saw a pistol that; night; I saw it first in Henry's hands; did j nut et... it uu T-o~w-?-iom<;nry'? hands; I was in the room when he came; I stayed j there all the time till he shot her; he never did anything before he shot her; 1 saw the pistol half an hour tero:o; Henry had hud it on the sewing machine; it was there long before the shootiu* took place; I saw him take it up from the soring machine; he1 walked up; she asked him what he was going to do with it; he said he had a need of it; she said any young man who toatcd a pistol in this country, was not much thought of; he was standing just at the side of Geariy, looking at the pistol; then he shot her; the pistol was about two feet from her face; I had my hands on the back of Gearly's chair on the side away from her; I was next to Seegcr; when she was shot, she did nothing. She asked him what made him do it He never said anything. She turned over. Geariy tried to catch her. He went and laid the pistol down on the bed. Seegers got sonic wa? ter and washed her face. That was after they all went out. I was the only one there ; my oldest sister was out on the piazza. He went away afterwards; I don't think he carried anyl?lng away-.? Laid the pistol on the table. He changed his shirt?put on the new one he had bought that night. He then washed her face. He did not speak to me during that time; I said nothing to him. He went ofi-.-said he was going after ma and pa.? He went towards the store house?to wards Mr. Ashley's. It yiai iu an oppo? site direction from Andeison, the way he started. CROSS EXAMINED. I was standing on the left of Mr. Geaily ?right along side of him. Mr. Geariy was between him and Catherine. Seegars passed behind him, on one side of Brooks; I was on the other. He put his arm over Brooks' -shoulder and shot. Before she was shot, she asked him what he was go? ing to do with tho pistol. She never got up. Mr. Geariy did nothing. Was ex amined before the coroner when the in? quest was held. I think it was after she was shot, she asked him what mude him do it. She said it directly after sue was shot. She never said that before; I ??w Henry with the pistol; he put it on the bed, and after he washed his face, be took it up>qj laid it on the table; the pistol when fired vr?s about two feet from her; he did not touch her before until be washed her face; there was Wood on his cuff; there was none on me, nor any one else that I saw; don't know how far it was to the sewing machine; he went close up to her and stopped, then went closer; be went up as close as Geariy was; on the right side of Geariy; he fired over his shoulder just over bch'nd neck collar; noth? ing was said by anybody; I was standing on one side of Brooks; he was on the other; Brooks was nearer to tho fire place than my sister; he then said something. I dont't recollect what; he said he never shot her; he sa:d be did not know the pis? tol was loaded; he cat by the fire place; he said he never shot her; he asked Bud three times if the pistol was loaded; it was Bud's pistol; Seegar said it was nil right if it was loaded; he sat by the fire place; he was looking at it; at the fire place; was working with it; ho never held it over tho fire; no one dried the pistol; he laid it on the sewing machine; he asked Bud to let him sec it; but had it at the firo place; Henry played the accordeon; just a tune before he shot her; he laid it down and picked up the pistol; both were lying on the sewing machine; Henry did not start to bed; had not taken off his coat; when my sister spouo to him he was stand? ing close lo her; had the pistol then in his hand; after she was shot, she asked him what made him do that re-examined ? Brooks called on Seegcr to help him lo move her; he never said anything; just stood there looking at her; he did not help to move her; he left running when he went up tho road; we askod bira to stay, and he said no, he was going after ma and pa. re-cross. "I went lo the door when he went off; Sis asked Henry if he was going to the pic? nic; he said no, and asked her if she was going; she said yes, if the clods ain't on you, you might go; Mr. Geary was not there then; that was Sunday before ho shot her; nothing was said that I heard about going to the pic-nic; he gave me some candy, and sis some; he left the can? dy there iu the box; I never saw any more of it. Miss Elvira Tucker sworn, says?She was present when her sister was killed; was not in the room; had gone lo bed; when I heard fire of the pistol I jumped up; I went into the room where my sister was; she was lying on the floor; there was no one in the room but Mr. Geariy, my sislcr, Mr. Seegcrs and ray brother; I asked him what did he do it for; he said he didn't do it; I told him yes he did do it; he said if you lay the weight of your hands upon me, I will kill you; my broth? er didn't slay there long; he went to Mr. Simpson's ; went after him; he lived about a quarter; Geariy went to Mr. Ash? ley's; my brother left first; that left me and my sister; I stayed there until See fers left; he did nothing after ho shot; did not 'see him wash her face; I was not in the room where my sister was, I know nothing about the pistol ; knows Mr. Seegars hand writing, has seen him write; (paper pre? sented and examined); this is his signature; has seen the communication before; knows her sister's handwriting; has seen her write, (paper presented and examined); this is her writing; does not know where this communication was found; was in the room when Elbridge and Seegar came from town; after tlic shot saw the pistol lying on the sewing machine; that was after the fire. CROSS EXAMINED. I I was at the fire place; did not see See? gar take the pistol from the sewing raa ! rhiue; I had just gone to bed; heard him play on the accordeon; heard nothing more until the pistol was fired; this paper I (last referred to in direct) is in my sister's band writing; I beard no conversation about going to the pic-nic Thursday; was I not in the room when the candy was brought in by Seegars. Edbridge Tucker sworn, says?He re memhcis the night when his sister was killed; was at home that night; was not in the room when the pistol was fired; had gone to bed; one of my sisters came and sat down on the back of the bed; I walked into the room, and T spoke to bim three times; Mr. Seegers was in the corner; had pulled off his shoes, and was in the corner putting them on when I* came in; then I left; I atked Brooks to stay there until I got back; I went over to Simmou's; Henry i had left and Brooks had gone to Ashley's i when I got back; I did not stay there any time at all; had been to the village of An? derson with Scegars tbat day; we went to town with another German; lie said let him see the pistol; I handed it to him; they talked together iu German; 1 don't know ?vrfam?? i\?>y ?diied about; they looked at the pistol, and the other german shook his head, and said "No, No, No;" could not understand what they said; they examined the pistol; then we got to town aud knocked about until we got ready to go back; he bought about fifteen dollars' worth one thing and another; be bought a fino shirt, gold buttons and pair of shoes; we went back on the wagon; on the way back I took up the pistol and told Henry I could hit a tree sixty yards; he said I couldn't; I stopped % and did it; I loaded the pistol seated right by him; sfter I shot I loaded the barrel; was sitting right by him; be had his goods in a box; the first thing we did after we got home was to carry the boxes in tho bouse; I said Hen? ry, you take tho horse to tho lot, we will unload the wagon; after we got through we went to the lot; I went in and fed; Brooks came on behind me and spoke to Henry and said it was wet; be said yes, it is wet; my sister called us to supper; after I loaded the pistol, except when feeding, I was with him all the time; the pistol was not shot after 1 loaded it; I hollowed to Brooks to come and get some supper; he said he had been to supper; told bim to come and drink some coffee; Henry ate nothing; he bad some candy; sister picked no a piece like a horse shoe; he gave some to my younger sister; gave me none; Bhe said I reckon I can have this piece; he said I reckon so; we all sat down round the fire; one sat in the corner?another next her; the one he shot sat third; there was a chair for Henry to sit down; he went and got a block: she sat in front of the fire; Brooks sat next her, then Henry next; Brooks was in front of the fire; had only a little fire; then Henry got out his shirt and buttons; my sister said leave it and I will fix it for you, so you can go to the pic nie; he said no you won't; he was sitting down; she said, yes, I will; while he was putting them in; I had taken my pistol out, and was drying it with my handkerchief; he said is it loaded; I told him yes; he suid I want to shoot it; he asked me again if it was loaded; he took it and looked at it; said it's all right; handed it back to me; I put it on the sewing ma? chine; weut to bed; I did not go to hunt him at all, except the tracks arouud the house; examined the wounds; they were in the centre of the forehead; it was blackened by powder; she lived until next morning; never spoke; as quick as Sis came to where I was; it was about a minute; my sister (Elvira) was not in the room when my sister was shot; going on to town about a mile and a-half from home he started to get iu the wagou behind; the planks caught his pants and tore a strip out; he ran back to get it; he asked ma if Sis would fix it for him when be got back; I said to be sure she'll fiix it for you; he said no she won't; he tried to get the pistol from me coming from town. CROSS EXAMINED. He just wanted it; I refused because I wanted it myself; he just asked me to let him have the pistol; he asked me for it; said he wanled to buy it; I said I did not want to sell it; that was about nine miles from home; I had not owned it but eight or ten days; it shot five or six times; don't recollect which; I shot it sixty yards at a tree as I went home; only shot once; the prisoner saw me load the pistol; he saw mo shoot it once; after we got homo he asked me three tiinos if it was loaded; I said it was all right, md took the pistol out of his hands; I put it on the sewing machine; I keep it in my trunk; I did not go into my own room; I went to sleep with Brooks; there was no one clso of the family there be? side Kate and Annie; am not iu the habit of leaving my pistol round in that way; I loaded it after firing it; he saw me load it; it carried cartridges; this is my pistol; left Anderson to go home about three o'clock; went directly home; it is sixteen miles; got home eight, or nine o'clock; there wsb nothing special attbe supper that attracted any attention; Brooks got a cup of coffee; 1 asked Brooks to stay; I said nothing to Henry; when I came out my room he was putting on his shoes; don't know whether he had his coat or not; was fatigued and retired early; 1 drove the wagon a piece and then he drove; I got out of the wagon to shoot, at the tree. Dr. Wm, J. Milford sworn?Was sent for when Miss Tucker was shot; I got there a few minutes before twelve; noticed clock when I started; got there about ^wenty five minute* past twelve;! made ex animation; she was lying on the floor; thought she was dead; on raising her head found she was breathing; got water and washed her face; found she had been shot; took my probe aud and examined; thought I could feel something bard like a ball; had a depth of about an iuch; she remain- . ed until I bad her put on bed; we tried to make her comfortable as we could; she lived about four hours after I got there; made no further examination until the in? quest; made effort to extract the ball; found I could not extract it; it cutered right lobe of the brain, about an inch or au iuch and a half; some of the brain pass? ed out through the opening; the wound caused her death. CROSS KX A MINED. Caused in part by concussion of the brain; the effect of tho wound on the brain is to destroy sensibility; she was entirely insensible; it would prevent the power of speech and motion. William B?rdet, sworn?knows the prisoner at the bar; remembers seeing him after he shot Miss Tucker; he came to my house on the 29th of July?Wed; nesday morning; dont know the distance" from Mr. Tucker's to my bouse; he came close to my house and hallooed; said he wanted to cross the river; 1 live close by the Savannah river; I went down to where my brother-in-law was; told the person I would put him across as soon as he came; I put him over the river in Georgia, the next day after the killing; I noticed his clothing some; did not see anything wrong; looked like he had been traveling; think I saw a speck of blood on his shirt bo9om; He asked me no questions but how much I charged him for crossing the river; he gave me fifteen cents; told me he was poor; my brother-in-law told me I should have given it back to him, but T said I thought he had been doing some? thing wrong; he appeared lo be in a hur? ry. ' CUOSS EXAMINED. I look him across; he wanted to go across, of having been traveling. W. W. King, sworn, says?knows the prisoner at the bar; siw him the next night after Miss Tucker was shot: saw him in Georgia, on the banks of the Savan? nah river; I was searching for him; I had nothing' t? d? Willi arresting him; knows that twelve men and twelve horse9 went there and took him; the cotton boat was on the Car? olina s,de; Mr. Crafc asked me lo take charge of the prisoner until he took a baltcau and brought the boat over; I took charge of him; Mr. Craft gave me his pis tol; I told bim I did not want it; wo brought him over in Carolina-, brought him to my house, and we biought him to J. L. Bryan, trial justice. No cross. Peter Carroll sworn, says?Know the prisoner at the bar when I sec him; re? members time of killing Miss Tucker; he was living with Capt. Tucker; witness lirod there too; he was hired by Ihe monlh; witness was hired by the year; I heard the prisoner say if be could not get her she should not do anybody else any good; heard this about two weeks before it hap? pened; was not talking about anything in particular; we weie talking together; can? not say how he came to say what he did; I heard him say that she was mad at him. CROSS EXAMINED. The pilsoner said both things in same conversation; that was his language; there was nothing that I know of inducing this conversation; don't know what led to it; he simply used tbe language that I have reported; Bayard Taylor was present some days hoeing in the field, sometimes not; he was not preseut at that time; no one present but me and See gers; was summoned before the coroner; he made same statement there; remembers that ho said that some time before he said that Catherine was mad at him; had talked to bim some litlie before about Miss Cath? erine; he said that on one occasion; wes not his confidant; of course, he told me that; he told me nothing else; there was no conversation leading to it; it was about a fortnight before; might have been more or less; we all hoed coLon; have been in South Carolina cycry since slavery went up; about fifteen yeats since then; don't recollect tbe year; before that time had lived about in Belton and Anderson; of Course, I lived in Georgia some; never was in Milledgeville but once, then I went through there; I never did like Georgia; there's so many rascals there. Stayed in Georgia about six months. Can't nay what month or year I left there. I left there in broad open day light, lived some 5 or six miles across the river that time. Will be fifty-seven next Christmas. Have a wife and four children, and a crippled wife at that, am a cripple my? self. Before the death of Catherine, don't re? member stating to any one about the conversa? tion in the field. Was in service of Mr. Tuck? er from the 3d of March one year, till the end of next year. J S Ashley, sworn, says, knows the pris? oner. He was at my house on the 2Stli of July. He was told how he came to shoot Miss Tuck? er. It was iu jail at Anderson. Mr. Kennedy and myself were present We were neither or us officers, offered him no inducements Mr. Kennedy asked him, was he the man that killed Mr. Tucker's daughter; he said they were sitting in the room, he and Anna and Kate, and he went to the machine and picked up the pistol nud looked down in the cylinder, looked iu four barrels and did'nt sec any balls; did not think it was loaded; if it had have been higher, would have missed altogether; he said he had met there, Mr. Gcarley; did'nt know where Mr. Candor was; he said he left running first toward the store house; did'nt use any threats. CROSS. Mr. Kennedy was there, when 1 went; did not go into the room where Scegcrs was; he was talking to other prisoners at the time I went In; have had a great deal of feeling when at different limes I heard people speak about it; don't remember any particular conversa? tion with "Mr. Alonzo Daniels; did not tell him to give the keys of the jail to anyouc who called for them; did not say, if acquitted, he should not leave Anderson alive; 1 may have said that if acquitted he might uotget away alive; did not go there with the purpose of executing violence upon him; never went there but once after Uic time referred to; went with my wife, who wanted to nee him; did not