The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-11-07


and found HIM insensibic. Examined
the injury Found scratcN on the
left side of Tho head. 1t appeared to
DO a scratch after tho hair was shaved
OIL Found no other injuries sulicicntto
cause death. Remained with deceased
until nine O'Clock next day. Witness
thinks cause of death was an oppression
OF the brain by the blood upon it.
Witness conveyed with prisoner.
Prisoner said he and deceased had tns.
scled. Understood that back part of
dcccascd's head had struck the root of q
tree. Heard the facts first from Dir.
Turner. Did intend to talk with priso
ncr about it, but was taken sick and had
mover done SO. Lived about eight
miles from The deceased. Mrs. Bells
father lives about twenty-five miles
rom her home. She was sent for that
night after witness got thorc. Witness
knew both yoiing mrn--leccascd from
infancy, and prisoner for some tnlo.
Prisoner aud deceased was always very
friendly. Had met them several times
they've apt to tussel, or do something
OF the kind, whenever togethor. No
inquest held that witness knew Of
| Witness lived between seven and eight
miles from deceased
Erhfcncc.W Dt. Walter BTrc con-
hn"ca.-W tncss thought death was
caused by the blow from tic rock.
Discovered no injury except upon the
left side OF the head. Skin not cut.
Such stroke on any part of the body
might not have done any injury; even
on other parts of the head, and have
done none. Don't 'trcmcmbcr that Dr..
! Turner stated why the affair should
be .H,cpt secret. Don't remember that
Dr.. Turner said prisoner requested
this shvrld be done Cor social purposes.
lIo might n.To told with "ss 50, but
witness did not rccoi,ect il.
The question in regard to wmGat DR..
Turner told witness being repeated
several times by counsel for defend
ant, some interruption took place when
the Judge asked witness rs follows:
edo you rocollcct positively that
DR.. Turner in that conversation told
you why the matter was kept secret 20
'V'incSs.--"I would not be positive
about it,
E'nminotion Coat'nucd-Did not
know that deceased was moro active
than prisoner, probably was. Did not
know that deceased was a better man
they never tested their respective
strength that witness know of.
HtO. j. T. Boycc svoya.-Witncss
saw deceased before his death after
the injury. Wont to his house be-
tween 4 and 5 o'clock. Lived n milo
and a half from deceased. Found at
the house the prisoner, Newton Mar,
tin and some others. The deceased
was unconscious. Had only ono
brulsc on his head, and there was one
about tho size of a dollar on his hip,
tho spot red and of n bloody appear
ancc. Had somo conversation with
prisoner. Prisoner said he and do
oe"cod had been souffllng, and he could
hardly say how it happened. Witness
heard nothing more at that time. Was
40 or ~ days before he heard the
facts of tho case. No inquest was
held, certain Of it. Witness stayed
with deceased, and would have known
1t. Witness heard first statement
from Newton Martin, who made it to
witness, to Chas. Boil, brother of dc.
ceased, and to Mrs. Bell, widow of de-
ceased. Witness did not know where
Newton Martin is-idca in the neigh
borhood is that he is in Louisiana.
CroSs-cramincd.-Dr. Newton Mar
tin gave no reason why the matter was
kept concealed, that witness rccollcct-
cd. Did not remember that he said
that prisoner wanted it kept secret for
tho present for social purposes it
might have been so, all were discon-
ccrtcd. Such explanation ought to
have been given. Thought that de-
ceased and prisoners were both menu
bcrs of the Church. Prisoner now n
member, $50 far as witness Encw,) of
Jackson Creek {Pscsbyteriun) Church.
Witness is we'll acquainted with pris-
oncr. Believes he is suffering under
great defect physically. Deceased
was physically stoutcr than prisoner.
lie WAS more than match for tho
prisoner in scuffic. While witness
and prisoner sat together by tho pal
let on which deceased lay, prisoner
said to witness "somo one else will
have to prescribe, for my unfortunate
connection with this affair prevent
my doing So" Witness thought pris-
oncr expressed regret Oh that occasion.
Deceased and prisoner were cousins.
pcccascd's father lied some twenty
years ago. James Martin, father Of
prisoner was guardian of deceased.
Prisoner had practiccd in family of
deceased for, probably, year or two.
Prisoner was intimate with that fami-
t..
ut this point tho Solicitor ofrcrcd
the note written by the prisoner to-
the wife of deceased on the night of
tho day tho latter was injured. lie
also oikred the affidavit made DR..
Newton Martin upon application of
prisoner for bail. Tho prisoners
counsel objected. The Judge ruled
out tho affidavit