Smyrna times., 1859-06-02

person, was commenced at New Castle, on
Tuesday, May 23d.
MORNING SESSIONS.
The witnesses in the case of George w.
Buchanan, were called, when Geo. P. Fisher,
Esq, stated to the Court that in consequence
OF the relation existing between the prisoner
and himself and which he did not think proper
TO ignore, VIM. II. Rogers, Esq, would prose.
cute this case for him.
Rogers and Spruance for State Rodney
Smlthers, Jas. A. Bayard and Causey, for DE-.
fendant.
After calling thrty-one jurors, twelve being
challenged and the others having formed an
opinion or were excused from serving on the
case, the following jury was empanelled =
| Alex II. Adams, Edward G. Fennimore Aaron
Klair, Augustus w. Smith, Eli B. TalIey,
Penrose r. Talley, Joseph Lindsey, jr., Jos. B.
Langley. David McCallster, jr., Robert II.
Logan, Benjamin Groves and Joshua LewdoA.
The case was opened on The part of the State
by MIR. Spruance.
| The examination of witnesses was then COM
menced, and the testimony, in substance, was
as follows:
Elias Lockerman, sworn.-Live in Appo-
quinimink hundred; know Buchanan; knew
Casperson; was present on the 10Th OF April
last when Casperson was injured it was in
Appoquinimink hundred in this county; | was
there to help Mr.. B. put up fence that Mr.. G.
had taken away. We were at worL putting up
the fence when CaspersOn came out and said,
{" what the devil are you putting the fence up
there for" Mr.. Buchanan said he was putting
it there for his own accommodation Mr.. Gas
person said he would take it down again :;
| Buchanan said he would not do it in his pre-
sence, but in his absence; there was a cOnver-
gat ahOut q fpnCp m .
Buchanan told Casperson to go home and at
tend % his own business, as he did not want to
have any difficulty with him he told him he
would mark the rails of the fence, and if he
took it down in his absence he would know
them; Casperson said he would never see the
rails again; Buchanan told him not l. get over
the fence he took the brldr scythe we had and
went some distance off 10 cut bushes Casper
{ son finally jumped over the fence and said,
3" FlA over and you can't help yourself;" | saw
Buchanan start towards me aud pass me with
his scythe | next heard a little noise and look
ed round; saw Buchanan and Casperson toge-
} t(her; Buchanan had the scythe but by the
time got there Buchanan had struck Casper.
son with the scythe on the left thigh Casper
} son fell on the scythe and had hold OF the snath
near the blade; we got him up and Mr.. B. told
! US to carry him home and go for Il doctor; he
also told US to bInd up his thigh, and took the
kerchief from his neck for that purpose when
: we carried him short distance he asked us tC
put him down we did SO, and he was about tC
faint, wnen Buchanan told us to unbutlen hi
vest and open his shirt; we did not do il qulcl
n enough for him and he came and did 1t him
self They must have been some half or three
+. quarters of an hour disputing about the fence
A | can't tell how far Buchanan was off wheI
q Casperson Jumped over the fence; BuchanaI
!. was walking very fast when he passed me;
! saw but one blow struck-lbe one that cut hin
# on the thigh; | caught Buchanan by the arm
v and told him he must not do so; he then hat
a hold of the nib and upper part Of the snath a
n we take hold to cut briars, &c; Casperson ha
n hold near the blade; Buchanan said he wou
: defend his own aud wanted his scythe. | wa
: Buchanan's tenant on that property he doe
! not live on that farm himself; the piece of ian
a in dispute had been claimed by both parties
q but where we were putting the fence was Blu
l. chanan's land there was no dispute about tha
e Cross-Ex by Rodney.-Ilave known that
q. owned this land two or three years. Their
r, was then a fence enclosing this same lant
d, where we were putting up the fence ; we WEI
10 putting the fence where the old fence had bee
part of the way, but where | was helping "
O. did not put it out so far as the eld one was
in Casperson told me some time in March that
:" had taken away the rails that had been place
lie there to put up the fence; Casperson said Q
lie the 18th of April that he would Ia ke this fenC
ht away. He had taken the old fence away;
he sa W the team and knew it was Casperson's;
e. was sometime in January. When CaspersC
,e, threatened to take the fence away he SCENE
es very angry; Mr.. B. told him to go home al
us not bother him, as he did not want to have al
re difficulty with him; he said he could not ia
lie, the fence away in his presence, but expected
he would do it in his absence; MIR. Casperson W
cy standing by the fence, aud Mr.. B. was carryiI
zee rails from the road and spreading them alo
ra- in front of where we were putting up the tenC
is Mr.. Casperson did not say much to any one
led Mir Buchanan !; he said few words to me abe
nts it--that he did not want US to put the fence
Ihe that he thought would have nothing to
snt with it told him did not want to, but I
rer landlord called on me that morning and fel
wo my duty to help put it up; he had on seve
hat occasions told me he did not want me TO hs
ely anything to do with putting up the fence
ing told him 1 would not if | could keep out of
on. when Casperson swore he would remove
BY fence, Mr.. b. said calmly, " if you take
edi- fence away in my absence and the neighbC
ery stock gets in, we will put up with it, but
me- yours get in they must abide by the cor
cen quence, and you must keep of also yourse
and He then started off to work; be was then
rii. the inside Of the fence between Mr.. Casper
,ent and myself; the fence was between them /
in were but few feet apart; Caspersoa said
cted would come on the place whenever he
The proper. There were some words passed as
4 is b. went to work, aud Mr.. CaspersOn said :
out be Id if he didn't get over;" he was al
e di. two panels of fence from me ; he just made
pee. step from the fence and said, I'm over
ries. YOU can't help it." From this it was
are few seconds till Mr.. B. passed me, going tow
1ited Casperson; saw the motion that made
mess cut; Mr. Buchanan had the scythe behind
any and Casperson was giaooIng mn
mus they both had noiu OF tue sha'n ~ 'nat y
purse Mr.. ID. struck WIN lhe scythe a"u em:. gu"
hing stroke give the cut Casperson was ,ai';, !,