Smyrna times., 1858-05-13
vi | 5 & f. L. ANXIOUS.
Court of Oyer and Termsnez, Kent Co.
MoNDAY, May Sd. 1853.

=
Tor the murder Of Caesar Lewis, negro George
l. / iSher Attorney General, and Corbett Sir
ance, Prosecuting. Willard Saulsburv and
oner. ~ P'
The following Jury was impanncled:
Carey FOxweli Robinson c.. Walker AL.
fred D Clifton, Benjamin Y. Collins. Prnsten
l.. Davis, Benjamin l.. Reed, James Stafford.
VIM a. Atkinson, Richard H. Ward, John s.
kersey, John Hollis, William Brown.
u. r Fisher, Attorney General, opened the
case for the State
TESTIMONY.
james Andrews, sworn-John Scotch and
myself were at work. Mr.. Downham came ont
Oh the wood between and 8 o'clock. A. NJ:
we were maullng rails back of his house. in the
Owls Nest, on the west side of the wood IIis
house is one quarter of mile from the wood
Don't know the width of the wood. 1t was in
the fall OF 1852, during sitting of Court. in tho
month OF October. Downham made no remarks
dS ne went by :; he passed on, bearing into the
"Ood' eastward. Saw him about IL O'clock
again gong towards home. lie said. " A mnn,s
Il rlght TO shoot squirrel anywhere in the
""ous, hasn he = We made no reply. He
lu'Scu On nome. lie had a dOuble-barrelled
gun In his hand both times. Downham is con.
sIdered good marksman Heard no rcnort of
gun. Saw DOwnham again at niobt. afier ho
returned from Dover. Tribett was not ,,orL
ing with him at that time. 1t was abont srn-
do"h when saw him again. After he eat his
supper We were talking. Never heard him
lhake threats. Whilst talking, be made n re.
marx that he wanted me TO take walk: I
told him couldn't; nv wife was sicL H.
aalu' c gu must go 1t brought frightoycr
me- After sitting awhile, he arose and got his
Two double-barrelled guns, and said to Pomnev
ana me, Come, it's time to 90" We then
started 10 go. AS he came out, he said. hand.
ing me one OF the guns. Carry this long in
your hand" | carried it all the wav ins1 q.
ne gave 1t to me. He went ahead; we were
close up TO him Mary f. Novel; was alone.
She was woman who kept his house: she had
Il a 'u"'eL"' we went back of the farm, by the
t,aIe P',e ~HeIe we hau Oeen at work, through the
Owl Nest wood, eastwardly; stopped within
about ID or twenty yards of the road leaJ;mnr
rom W hltehal to Berrytown, not exceed;n9
- yards from Cpsar Lewis house: Downh.n'
sand, Hand me that gun;" he then reached
us hand out and took The gun from me He
pointed and sald Go there and see wbat vou
'an find I'VE SAID, " We can't" He then went
lhead himself, and said " Come along" W.
hen went up IN body; he said, There's the
ooy VI Nusdi Lewis and want you to take it
p and bury It," Pompey said, 81 can't t;II
&c who 1t Is" The lantern was NOT lit
Jo"nham said, Light the light. Lizzie and
ct hlm see for himself" Ponpey saws Yos
IS Cesar Lewis" lie was living riCht on his
ack. lie told US then, take him nm and
blow me-" We took up the body, but il was
heaVy' we had to get poles to carry II
IL uidh know Caesar Lewis. Pompev
ent ahead, aud behind We bore tho hPI
10 the wood In rather south direction into
le swamp, about $50 yards We carried him
Il we gave out; Downham said, " That will
}, It's far enough" spade was then bandaJ
fohPey he commenced digging: he soon
ave out and asked me to help him: I did CO.
o"nham was about five or six wards off win
e guns between his knees; Pempev said
Inc hole is deep enough" Downham e,iJ
rut MN IN II. Think Caesar had one boot
and The other eff; coat and pan,s ,voro
m We put him in the hole, with his head
'rtherly across with the sun. Pompev covera'i
III up. 1t was about 10 o'clock AZ niob,
ompey saId I've covered him up." 1owD
IN SAID, " The first one that tells this mo-,
OK out to go the same road" He t,rnay
M uEd then and went home. Downham SAID
lherc's one enemy laid low." We ali wan,
OK together; Pompey and then went bock
our homes. OdcK
Gross -Examined.-Was raised in C.ro1;
T., Maryland; had been in the neigbhorhang
out three or four weeks Did not Tell m"
Is Jester that lay out in the woods IooL;no.
Caesar Lewis Told him where was i"S
look for hun, but did not do il. II u,o wv
5gy nIght the moon didn't shine dist;nc,I,'
examination resumed by Atty Gen'I-Wben
onerIff was down looking for Cesar Lew;a
u,n "i III mhu nlh' When he got in the road
""cIln i III told me 10 stay there and watch for
N, ana II saw him to take him. tbon"L.I
ght to obey the Sheriff. set down tho ,,,,
down myself, and went to sleep and So So
day break When we buried Cnsar neP
N SAID, "CGsar had shot at him few r;oI.
lore; that he had tried to kill him, anJ Us ms
was afraid to risk his life at large VIII
ere was such man living" ""i'e
Cross Examined-Ile said that &c C,a.o
u at HIM close by his own home >; no a1 na9
lie was IN his own carriage riding aIano 'alu at
Id' where he was going home from DoASo. NAs
was near big cherry tree, where G.
tched for him. Said that he had oLNl
rage and hat. saw that on tho ,,o.s: "is
ore the day Downham went past me n",hg ~ ,h
DDS. e III The
PomPey Tribett (ncgro) )sworn.-Tbo ,oo.;
ny Vi 'ilS witness was objected TO unIosS ~
present at Tue time ofthe commission Cir
eged murder, at the time of the coro,,s 90
Mr' SALISBURY cited 2nd volume NJ
re Laws, SS7 page. Sd Feb. 1897: nev,
~, Sd vol page 80; State vs. pb,rso~e
rrlngton's Reports, SIG, note: I'd lis gu
/, 3l9 page, State VS.. Whitaker. .1ao
' HtatG vs. Isaac Cooper The poin, rgo 80
ned at length by counsel, until two o'oIi was
GU tue CouIt LOOK recess until
rbe Corrt ,h,ouh q o'clock. 2. M.
"v "uos'io IGur' '"ionsh the Chief Justice, said
question at Issue was contained in go"
D, 10Y chapter, Revised Code. in s"tt sec
ne as Digest 1929, in respect to The aJOe;a SGnce
ty OF negro testimony Prior 10 The ssSa- naSs"%
The act of 1877, negro testimony was ruSsage n"s
ded. After 1877 they were excInJod O' OK *
nedy inconvenience this was passed Il 10 %
enabling act not to be strictly consirnaS ID Is
.rS Sir,. ornnf make reasonable Construction. IN
w ness osa !. nroSa, prosecution where no white