The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-04-02
From the Darlington (S c. Family Friend. March "a
THE TRIAL OF FIFTY-FOUR PERSONS FOR
MTTRDER

On last w ednesday, Scene unparalleled in the
history of criminal jurisprudence, was witnessed in
our court room. On that day, tfty-four highly re
spectacle citizens of our district including greyhar-
ed old men as well as tender youths. were arraigned
charged with the murder of Caleb Freeman and Abe
Wlndham. There were two indictments, but by
agreement and with the consent Of the Court, they
were tried together. The prisoners selected the fol
lowing gentlemen, from among those present, who
constituted the jury y:-Hon |. d. Wilson, Foreman:
Col. F. W. Cooper; W; H. Hearon, DR.. T. A. Oar
gan, Col Samuel H. Wilds, Geo. l. w. Mccall, Rob
ert L; DuBose, Oliver C. Coggeshall, d. Sidney
Law, W. c. Brunson, Jas. L. Mccall, Sr., and ].
w. Lee Well might his Honor remark, as he did
IN his charges, that never before had he seen so in
telhgent jury impanneled. Thus, did the prison
ers declare their DESIRE to be tried by men whose
feelings could not influence them unless their iudg
ments convinced.
On Wednesday afternoon the State began to de
Velop the case. We will not notice the testimony
OF the different witnesses, either for the prosecu-
ton or Defence but will content ourself with sta
ting, briefly the circumstances of the case, as oh
tanned from reliable and uncOntradicted testimony
The grog-shop of Ack Windham at which the
hight took place, was proved to have been a pest
TO the community; it was retail establishment,
mlscalled by some grocery, and negroes seem to
have constituted his principal customers. Some Of
the sufferers from his nefarious traffic not at all
members of the Vigilant Society, had waited upon
and requested him desis from retailing and negro
trading, telling him at the time that they
could not and would not endure it. He promised to
do so. Shortly after this however, perhaps on
Monday before the Thursday on which the hOmicides
we're committed, three barrels of ''bald face" were
delivered at Cartersville for him. As as this
was known, some of the citizens of his neighborhood
assembled for the purpose of waiting on him and
Spilling the liquor.
This was on Wednesday the Sd inst. Windham
having been notified of their intentions, assembled
his friends to defend his rights ( the consequence
was that the other party had to desist. By the
next morning, however, the members of the differ
ent Viglant Societies and others had assembled to
were armed and proceeded to the shop. As upon
the day before, they found the Windham family
with some of their friends, prepared to defend the
whiskey; they were well armed. The Yigilant
party was under the command of Gen. Carter, and
his orders, proved to have been frequently repeated
within the hearing of the Windhams, were ''don't
fire gun unless you fired upon or strike a
blow unless you are struck; if assaed defend your
selves"
Before the Vigilant party reached the shop it
was halted, and two of the gentlemen were sent to
inform the Windhams of their intention. They ex-
postulated IN vain, and were called away by their
friends, who. seeing evidences of hostility the
side of the Windhams, called out to them to ''Stand
aside, for if the opposite party fire they would
turn it. The Vigilant party approached the shop,
which the party surrounded. A company, com
manded by Capt. Giles Carter, being Immediately
in front of and facing the shop door before which
the Windnams were standing. Others of the Nigi
liant party were nearer the house, and in very few
PAGES of the door. While in this position, Gen.
tion was, 'not to injure any Of them, unless they
began the attack that his party had come to empty
Ack Windham's whiskey, and they intended to do
it," AT this time, Ack Windham told his party to
come away and let them have the whskey, and he
would law them. This they refused to do, swearing
they would die rather than give it up.
While they are parleying thus, Caleb Freeman
whom it was proved had sworn to kill Giles Carter
upon the first opportunity, stepped off from his
company and exclaiming az see you Giles Carter
you are the first man intend to kill" fired, the
shot passing through his coat and striking Samuel
Robinson, wounding him severely; he endeavored
to hre second time and while in the act of doing
So he was shot, and falling, discharged his gun in
the air. As soon as the first gun fired General Car
ter gave the command, ''take them, men, and a
rush was instantly made upon them; Mr. A. N
Stuckey grasped one of the Windhams around the
body, and while holding him, Abe Windham rushed
upon him from behind, and plunged his knife into
him twice, but before he could inflict third blow
he received one the head with a gun or stick
from which he died. The Windhams were soon
overpowered in the fght-not lasting, according to
the testimony, a minute
Ack Windham was tied and reouired to toll
where the whiskey was, for, on opening the shop.
1t was found to be empty; he gave them his crib
key, saying it was there; here was found a barrel
with lew gallons in it, and this was, he said all
that renamed OF the three barrels hauled from
Cartersville three days before Where was the bal
ance?
=, The testimony closed on Friday afternoon, when
the argument was commenced by Mr.. Richardson
:.
Inglls for the prisoners when the Court adjourned
on Saturday morning the argument resumed
6y MIR. j. A. Dargan followed by Colonel Moses,
for the prisoners, who was succeeded by Solicitor
Melver. The names of the several speakers, rs a
sufficient proof of the great ability with when thls
great case was argued. The judge, having charged
the jury, they retired to their room, ABOUT >
O'Clock p. NJ, from which they returned, alter a
short absence, having found in both cases. YER
dict of 'INot Guilty"
Thus ended the most interesting case ever tried
on the criminal side of the Court. From the COM
mencement to its close, the court room was densely
crowded. within and without the BAR Every place
was occupied.
result: we believe it will have a salutary effect
not only in community, bat throughout the
State.
Our statement condensed as it is is of course i'm
perfect; at the same time it is correct. We have
only undertaken to give the main points in the
case, as made by the testimony, and we think all
who heard the trial, will say we have done
ANOTHER NICTIM.-Miss Isora Reese, aged about
lS, was burned to death near Gaatn, Tenn, last
Monday week, by the ignition OF her clothing She
wore hoops, and it was found impossible to extin-
guish the flames. In her fright she ran from room
AeNzra alATAN