Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1855-04-16
TRIAL OF JAMES A. GRAHAM,
Charged with the Murder of William II Spiller,
In The Cannku Count Of U4the. ApriL Oh.

ISAAC j. IEFrwIcH.
For the CommonceGtth.-RoBT c. kent and
BEVERLY r. JOHNSON.
Connaiiy r. Trigg, rifnsss on behalf Of the
Commonwealth, being duly sworn, says: | arr
we'd at Wytheyille on the evening of last Satur-
day week. think about dusk which was the 81 It
March, last. ] had been in town for some little
time, perhaps mn hour or twp-hnd walked up
street from the Hotel | believe 10 the BARRIERS
shop; ON my return 10 Col Boyd's bnr-room-l
had been in there but n short time after my re-
tur when Mr. Spider came in 10 zee mo; think
il was between or 9 O'Clock at night; do not
know that | observed the hour. After the usual
sautatipn- between Mr.. Spillcr and myself both
being glad To sec each other we took IA seat be
mind the stove. the stove beng nearly opposite
the front wimdnw. and about midway of the rcom
| took my seat just at the end of long table,
which sits in thc corner, put there believe Tor
the purpose of putting newspapers on. Mr..
Spiller took seat my left; Mr.. Terry was
seatcd on Mr. Spillcr's left; Mr.. Cox was seated
on tho left at Mr.. Terry, near the door, which
enters from the dining room; MIR. Charles L.
Crockett was seated Mt the end of the stove. ne
cording to my recollection, nearly fronting me-
Mr.. Ialiaferro sitting very near me, bat do
not recollrct now the precise place i'll the room;
| am sure there were other gentlemen IN the
room, but who they were ] am not able to recall
We had been sitting there for IA few minutes
when ! observed Mr.. Graham, the prisoner, come
in | think he came in from ihe front door, he
took n sent near the stove, next the counter. and
the lump which hangs in the room how long
Mr. Graham sat there. | nm unable Ia say, | was
very hnsy engaged and very ngreeably engaged
in "A conversation with Mr.. Spiller, and did not
observe him when he moved from his chnir; the
next thing sOw Of Mr.. Graham, afterwards. ho
was upon his feet ueHr the place as ! suppose
where he had been sitting. with his pistol leyelled
in the direction Of Mr.. spor and myself; had
scarcely, and had not more thnn time to observe
thnt i was Graham, and lac had pistol in hi4
hand before he fired, and almost Immediately af-
tcrward lie fired nguin; | saw him fire the two
first barrels distinctly. The first ball that
fired, according to my best recollection, it may
have been the second, but think it the first
fire, entered my coat upon the lapel upon the left
breast, penetrating the coat, my vest which is n
pretty thickly lined velvet vest, my shirt and my
flannel, striking the skin on the left breast rather
above the nipple, and breaking the skin about tho
size of the ball imagine; knew | was Shot be
fore rose from my chair; from the conclusion,
as suppose, occasioncd by the report of the PTS
tol, the lights eNtinguished don't know that
there were any lights except the lnmp-whcther
the light was cxtnsui.hed upon the first or sec
ond fire cannot he positve-l think, however,
not until the second from the fact thut saw
Mr. Graham fire the second pis" from the light
! knew the mnu from the light around. At
TINT moment some one remarked, don't kuuw
who, we had better get out of hcrc-Nho it WAS
| don't know, but the remark is distinctly inn
pressed upon my find ! was not at TINT time
certain that could get out; felt the ball strike
my person, and thought of course, it had gone
III my body, being in II vital point, didn't know
whether would be able Ia get out, or if ! did,
that would hc able to stand very long after
getting cat Those of us there seemed To rise
at Tire moment, mud stated, ut lcnst Nh. Sp.l
Ter and myself rnse pretty much together, and
started towards the front door Mr.. Spillcr was
littlc in advance Of mr--nnd from the time we
left oar chairs, until we reached the door, there
were two or thrco shots fired, which | did not
sec, hut hcnd ON getting out of the door. Mr.
Spiller had stepped of the step, at the door, and
started in the direction of home; he made but a
few steps, four or five probably, until he fell
About t'nt time was nearly opposite 10 him,
and within few feet of him. Said |. Spiller,
are you shot for nm. | do not recollcct any
reply which he made to me Mt the momeut. for
almost instantly, | observed Graham upon the
pavement near the step of the door, with his ps
tol presented ntho direction in which WERE
jumped back instantly and rather down tho
street from where Mr. Spillcr was lying, and
Graham iired-wheiher Mt me or Spicr could
not tell As soon us he fired he seemed 10 oh
serve Splllrr lying upon the pavement; and he
walked quickly up within some three, four or
five feet, can't be certain as to distance, but
within a yrly few feet; Spiller seemed to he ly
ing rather on his right side with his back To the
wall ot the house, resting. think, upon his right
hand and arm and his left hand IA little raised,
rathorin an imporing way | should say; Gra-
ham fired upon him in that condition. thought
| saw Spiller at that fire sink upon the pavement
he immediately stepped nearer to HIM placed
lis pistol to his head. aud irol again. | cannot
ray that saw Mr.. Graham at the moment he
/ left, but ho was soon out of my sight-at that
! | ,,nt Hot I
us,cNcept Spicr and Graham; the alarm was
raised and n great number of persons soon as
Semhlrd, .but don't remember seeing any one
upon the ground until the act was perpetratcd
nnd Mr. Graham gone. have stated did not
see him mt the precise moment he left, but it was
50 short "A time | could hardly fix it until he was
ont Ut my sight At that particular moment
might have drawn my eyes from sight SO ter
rihio rs it seemed to be- at the time the last shot
VAS fired witness think he was about 20it from
the parties; did not feel in u condition to render
assistance. thought | was killed myself and
| had no weapon of any sort except o pom knife :;
! the time between the firing of the last shot or
hrst and last. outside of the house. was very
short could not have been but few seconds
Mr.. Spll'er was taken up from the place where he
] was lying, by some three or four gentlemen, |
don't know who, | think DIR. Halter was one, and
carried across the street to Dir. Ewing's Office
/ that Is the last | have ever seen Of Spillrr.
/ may state here do not recocct that Mr..
/ Charles Crockett was in the room ut the time the
i hung commenced, nor have | distinct recolec.
ton that Mr.. Tnliaferro was there, though my best
/ impression is that he was. | am confident that
/ Terry and Cox were there. There were some
i!ttle incidents occurred out Of doors, but do not
/ know that they have anything to do with the case.
/ After knew that Mr. Spiller was murdered my
hrSt impulse was TO get some one to go down and
break the matter TO his family and in that effort
| was drawn some little distance from where he
w lyinp m ,ba ,r,, .c,o;l -,