Smyrna times., 1859-06-02

said all he wanted was his scythe; Mr.. G. had
hold of the snead with both hands when he fell /;
, the scythe was under his legs when we lifted
him up, not under his body; saw but one
wound at the time.
-Examined.-Casperson said the reason he
had taken the rails away was that the land was
his. and he would not allow the fence to be put
up there; he gave no reason on this morning.
David Hazel sworn-When Mr.. Casperson
first came to'us he said, "you are putting up
that fence;" Mr.. Buchanan replied affirmative
y. Casperson said there is no use in putting
it up, for | will take it down again." They
talked about it for sometime, when MIR. B. said
" if the neighbor's cattle get in we must put up
with it, but if yours get in they'll get hurt
or killed Il don't know which). Mr.. B. then
took the scythe a Ad went to work. and Mr.. c.
got over the fence and said, here am." Mr..
B. ran to him J.; | saw him strike at him, low
down; MIR. c. then caught the scythe, and Mr..
B. struck at him again. This time the blow
was higher up, striking Mr.. c. on the thigh he
then fell and we ran TO him Mr.. B. told US 10
tie up his thigh and get some one to go for a
doctor; | helped 10 carry him home, and when
we returned, Mr.. Buchanan had the briar-scythe
and was cutting briars. The blows were not
given by swing, but by a jerk towards B.
, CThe witness here took the scythe and showed
by two Jerks how the blows were given) The
first Jerk was down, and at the second one G.
fell; the blows were in quick succession, 30
quick that could hardly tell the time | was
about three panels of fence distant, digging a
post hole heard &. say here | am," and
think he made one step more out in the field
, after that; saw Buchanan strike the fret blow
low down, and then G. grabbed for B., when he
struck higher and e. fell at once. B. was about
or panels of fence from c. when he got
over the fence b. went very fast toward Cas-
person, with the scythe low down. Just as he
got to HIM he put it out and gave the first jerk.
low down then gave the other, higher up,
when c. fell. The scythe was put behind de-
ceased, and jerked toward him; when got to
him he said o, my God, don't kill me-"
Cross Ex. by Bayard.-The first blow did not
strike c., that | saw did not see the second
strike him, but he fell at once; after the first
blow was struck. C. grabbed for B. 1t was af-
ter got to him that he said, 90 my God don't
i kill me-" b. pulled the scythe from under
him.
Re.emamned by Rogers.-Did not know ol
, any other wound than that on the left thigh
, found blood in the right boot when pulled II
off at the house.
William Fields, sworn-I was hauling rails
a and was away for a load when Casperson came
;. came with load and was unloading, when
heard them disputing about the fence; Casper
son jumped over the fence and swOre something
i about being over and you can't help YOURSELF
o | was some distance off putting the rails along
o where the fence was to be; saw them pulling
n for the scythe, like they were pulling it from
= each other; the horses made move and
= turned to look at them, and when looked a
ie the men again Casperson was down and tn
: handkerchief tied around his thigh; hclpe
!. to carry him home, then went tor another loa
a. of rails.
Cross-Ex. by Observation-Disclosures called m
~ twice 10 help take him home before left th
n wagon The handkerchief was tied around hi
thigh then; when | saw them together bot
m had hold of the scythe.
m AFTERNOON SESSION.
ID John Goldsborough, sworn.-We were put
as ting up the fence OH the morning of the 10Th c
ID April; we had put up some A or panels whe
Id Casperson came and said there was no use
as putting up the fence as he would take 1t ava!
es Mr. Buchanan told him not to take it away tc
I'd day, 10 come some other day and take 1t away
Is, he also told him that fhe took it away he woul
u put upa board fence next time; he marke
IT, every rail he told Casperson if he took 1t ava
r. and the neighbors' cattle got in be would pl
re up with it, but if his got in they must abide tn
ID. consequences; | was filling up post holes ar
re did not notice Casperson get over the fence
en- saw Buchanan and Casperson together; Bucl
ve ansn had the scythe and was turned part
g !: around with it; Casperson came toward hi
he and caught at it the scythe was going towa
ed him at the time he caught at it; | did not 81
ON the scythe strike him; he fell just after
ce caught it; Casperson came within the scylt
7 as il was coming round toward him, and as
il stepped up to Buchanan 1t passed behind
on around him | ran up to him and caught Buc
ed anan's hand and was about to take the scyt
nd from him when he said, stake care, John,
nv don't intend to strike him any more" )" pull
ke the scythe from under him; saw only the wou
he on the thigh; did not hear Buchanan say an
vas thing while he was walking towards Casperso
mo he was carrying the scythe in enc hand
,ng heard nothing said by either OF them from !
ce time Casperson jumped over the fence TIL all
bnt he fell, when he cried don't let him kill me
out or " don't kill me - at the time Buchanan cal
nm TO Casperson | was about or z panels
do fence from them, was looking at them; But
NV anan said, John, take that kerchlef on
II It neck aud tie it around his leg" and he
,ral told me to go to his house and get some CO
avs phor or laudanum and tell his son to go To-
J; | doctor.
il Cross.ex. by Mr.. Bayard.-Mr. Casperson
the hold of the scythe till | got TO him and loo
This his hands he fell on the scythe 1t was un
"ro, him when we got to him; Mr.. Buchanan 81
t II taKe care, 'o""' w" "a 49,. .
nse. any more; Casperson when he Jumped over
.lc" fence sad (" d N you, here | am, and
! on can't help yourself"
rson Re.Ex by Rogers was told 10 ask
they persons wlIe lor the Iauuauu'l o' e1"iP"o'
4 he mouse was the nearest to where we were.
saw Elias Lockerma re-called.--CTook the SC!
Mr.. and examined it carefully. think this sc!
i" he ,s the one MIR. Buchanan had, but cannot
bout positively, to the best of my recollection
one the one the scythe used to have Yar
and snead in, but last summer a colored man n
very and broke the snead, and he put one in him
Yards since then have not used II nysIi' t ~"1 :;
o the know exactly what klnd OF s"e"u ne Pus ~ ~
him, Or. Edwd u. Dailey, s"oln' S ,Ln
think see Mr.. Casperson on the iholnihs " s"e
lime OF April last, and arrived a. ni' nO 49,
that minutes before y O'CLOCK iouuu nun Y"
mo- as the entry on a bufIalo-robe, almost pulse
" ~ So 80 rio nulss was 1o5 and very thready /; ther'