The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-04-12
RESPONSIVE to the defence. The objection

I Aelluel ucpOoCet iu' .'S'-' = "'S
on my previous examination who gener-
ally made fire in Crawford Keys room,
and said Joe; I don't know Of my own
knowledge who made the fire on Monday
morning, the 9th October; it is on my
mind that all the horses were i'll the sta
bic on Sunday night, because fed them;
I don't rccollect any pastures open at
that time, except some wheat fields, winch
had been cut; one three-quarter' anotner
two and third between one ana TWO
miles from the house; there was corn
field in front of the stable, and only a part
Of the corn had been pulled if the horses
had been put In the field one-halt mile
from the house they could not have got
into the corn field, as there was no gap;
+bere is a fence between the nearest
wheat field and the corn field, but it had
no gate.
Eveline (colored,) witness for the
prosecution, deposed: I am SO years OF
nee and am the wife of Lemuel; lived,
on the 9Th of October, at Crawford Keys,
and was at home that might; l heard Miss
Eleanor Keys call Rachel; Rachel was
called three times that night. a colored
woman, Phyllis Byrum, had come to see
me, and was talking about Edmond who
had got hurt that day; she was there
when Rachel was called, and when she
came out of the house again, Lem called
Rachel first, and then 1 as she did not
wake, Lem told Betty to wake her, which
Betty did, and Rachel went into the
house; Lem was absent from home on
the Sth of October; on the Sunday pre-
yious he drove the carriage to church;
the corn was not all gathered from the
field by the stable on the Sth OF October;
the horses could not run in the field by
the stable without getting in the corn;
some times master would turn the horse;
he rode into fields of corn, for little
while to pick up grass; [ never knew
him to do SO over night of Sunday
We were at that time gathering corn and
shuclzing on the farm.
Question by Judge AduOeate.-What
time did you get up on Monday morning.
and what did you see?
A,lsper.-I got up little before day
on Monday morning, and went out as l
generally do.
At this point the accused, by their
COUNSEL objected to the question; the
consideration of the objection was post
poned, and the Commission adjourned to
meet on the Sd inst, at 1870 A. NJ.
April 8, 1866.
The witness, Eveline, having been
asked, at the last meeting, by tae Judge
Advocate, the question,
"What time did you go out on Monday
morning? and what did you sec Z"
The accused, by their counsel, now OBJ
iected to the question, on the ground that
it is not in reply to anything adduced by
the defence; that, if it is intended to
criminate the accused, the witness should
have been adduced on the examination
in-chief; if not intended to crlminate the
accused, it is irrelevant.
The Judge Advocate insisted on the
question being put. All the transactions
that took place at the house of the ac-
cused constitute the res gestas involved
by tho abb. 1t was unnecessary for the
prosecution, in the opening of the case,
to enter upon any of the circumstances
that occurred at the house of Crawford
Keys, as they form no necessary part OF
the direct evidence.
The fact that that part of the testimony
on that subject has been anticipated in
the original case does not affect the ques,
ton. The point, and the only point sub
mitted is, whether the evidence is proper
rebutting evidence.
The objection was sustained, and the
question was not put.
Rachel, colored, witness for the prose.
cution, having appeared before the Com
mission, the accused asked that she might
before being sworn, be examined touch
ing her knowledge of the existence of q
supreme being, of q future state of re
wards and punishments, of the obligation
J, of an oath, and of the consequence o.
swearing falsely. Rachel was examined
by the Judge Advocate on these points
and having returned satisfactory answers
to the questions put to her, she was
sworn. and deposed: | don't know my