Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1855-04-16

1 have no other reason Tor believing thht WINS
the description of pistol except seeing ono OF that
kind said to have been picked up in the room at
forwards | do not know that there is any 9TH
or material fact; the mode in which am testify
| ing and having my testimony taken down mny
cause Inc to omit something by leaving the chain
of my testimony, but know of no fact now
which have omitted | might remark that
Just about the time Mr. Hanson started as sup.
pose Ia Mr.. Splllcr's. 1opencd my breast and
examined my wound, and found it not III all ser-
Gus, and felt good deal relieved.
CROSS EXAMINED.
Qucs.-Do you recollect that about the time
of the conversation between Mr.. Spiller aud
Yourself in.t before the fling colnm"nced that
anything WINS said about all sorts Of murder be
ing committed, ar anything like that
Ans do not know that there wa; if there
was it must have grown out of the anecd"tc be-
fore referred to-
Dues. by Detts' Counsel.-Pease relate the
| anccdotc!
In the passage between Mr.. Spcr and my
self about our looks, said tn Mr. Spller hop
ed lie was not like man | once heard of, who
was passing a road with gun rifle ON his
shoulder, aud meeting stranger drew it down,
cooked it and presented il at him stranger asked
him, what are you going To do! what are y"u
about! Why, lie says | am gDingt Ia shoot you.
Well what are you going to shoot me for! We'll,
sud he, have taken the solemn oath that !
would shoot the first man met who was ugIier
tlnn myself. The man looked at him, scrutn-
lied him pretty closely, aud after doing so, said.
well Stranger crack away. for if am any ugher
than you are don't want to live any longer.
Dues. by Dcfts' Counscl-In reply.to that did
not MIR. Spillor say that there would he all sorts
OF murder between you and him!
Ans.--I have no recollection of it; it caused II
little mcrriment TINT was all.
by same.-When you made the remark, with
| hnuHa M ppiptuU Il will shoot Yoli.'
you pong towards Mr. Graham,
Ans-I think not. II Mr. Graham WINS sit
ting where first saw him. he was to my left, my
face fronting the wall opposite to where | was
sitting; but don't remember the fact that my
hands were raised ut ALL nor the direction, if rails
ed, to which they pointed. Witness being furth-
| cr mtcrrogatrd says that he might have made
the same mnnmuyre in describing the anecdote
then, that he did in relating it here in court, and
most probably did.
BY salne.-Ilow long from tho time you saw
! Mr.. Graham take his seat in the until the
firing ccmmencedl
| Ans.--Being engaged in animated and in
| tcresting conversation. cHn give no correct es-
| innate of the time, itappears to me, though, IT
could not have been more than ten or fifteen
minutes-am not able 10 say whether it was
! Immediately after tho relation OF the anccdote-
| the prisoner standing.
| On being asked when he saw the pistol oveled
| whether he thought it was at him. witness says
/ hc had So little time he did not think much about
/ it. Witness observed the expression of the face
ofthe accused. think observed it, but don't
believe could describe it 50 that any one could
understand it it.
BY sarne.--Did it show passion or phrcnSy!
Ans.-lho Impression mad" upon me was that
! 1t was more the expression OF Indignation and OF
! vengeance; there had been no conversation be-
| tween Mr.. Graham and Mr., SpiIlcr or myself
/ L IL. IL. / H., H.,
/ he was near the pluce he had been sitting when
saw him standing, with the pistol leyclcd, |
snw him Just an instant before the fret SEEM
ed 10 me that he occupied position OF the inter-
section of line drawn ut right angles from the
side of the stove next to where we were sitting
towards the counter. On being further interro-
! gated, witness says he did not observe Mr.. Cara
ham 10 take any part iii the conversation N spenk
II word to any body during the time. Witness
further says he was near to Mr.. Spillcr when he
fell; saw him fall and calculated that he would
soon fall himself Mr.. Spiller made four or five
steps from the steps Mt bar ROOM when ! return
ed into the bar room after the murder, | saw Mr..
Spiler walking stick in the room, and then sup
posed he had not been shot IN the room, but had
fallen from the want of his stick; don't remember
which side his lamencss was, think he was lame
in his right foot, and had always been In
looking the next day, perhaps did not sec 1t
| until Monday morning. there was the mark OF II
ball which struck the pavement, and the mark
WAS in ,he column of the portico; think this was
perhaps tho first ball fired by Graham after he
came out, and suppose it was fred mt me from
the direction of the bali from where he stood,
though don't know that he had any purpose to
fire at me at all. think rccolect now, that it
was the right foot that Mr.. Spiller was lame IN.
On being further interrogated, witness says that
after the lights in the room were eXtinguished'
don't think he could discover persons in the room;
knew Mr.. Spier was just ahead OF linn, and saw
the bulk Of his person just before me the
| night bright one. the moon shining. and
could see boh Spiller or Graham out side of die
house distinctly.
No further question being asked, further thi,
deponent saith not.