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

II nc fOcK was OF n size to ill his hand.
Deceased rctrcatcd few steps and
got behind u tree. The prisoner fol-
lowed and took position on tho oppo-
site side of the same tree.
Heard pri,oncrthon tell deceased to
come from behind the tree, which de-
ceased declined to do.
Here the witness placed himself in
the position he saw deceased in Just
sa he turned his head when attracted
by the sound Of the blow upon the
head Of deceased.
Saw the prisoner strike daccascd
then with the butt of the whip.
Prisoner got the whip from the decd
and struck deceased twice with tho lash
end, reaching around the tree to do it.
Witness did not know how prisoner
got the whip from deceased. Prison
cr's horse becoming frightened started
of. Witness at the request Of prison.
cr caught the horse and hitchcd him.
Heard sound and looking round saw
the rock which prisoner had had in
his hand bouncing off from deceased.
Did not sec it strike deceased. Saw
that deceased had sunk down uron his
knees.
Deceased remained insensiblc un-
TIL his death. The affair occurred
between eleven and twelve o'clock.
The stroke was a little above and be-
hind the .,"ft ear. Tho skin was very
slightly injured. There was nothing
to justify The opinion that .hcro was
any fracture of tho skull. Did |, ,"t
know where deceased received the
stroke Of the whip in the hands of the
prisoner Witness believed the inn
mediate cause of death was the rup-
turc "f II blood vessel about the head
Witness, the prisoner and DR.. New.
ton Martin the only ones present.
Deceased was carried into the piazza
Of the house. Witness remained with
deceased until Dr. Brico arrived, when
he was called of to other patients.
Was not with deceased when he died.
Did not know what hour of the night
he died. Was early part of night.
Prisoner and deceased were first cous-
ins. They were on gHud terms, were
extremely friendly, and associated II
great deal together. The wilc of de-
ceased was not at home. Did not
know how far she VAS away. She was
sent for that night. There was note
sent to her. Did not know who wrote
it. At this point note was handc d
witness which he recognized as tho
handwriting of prisoner. Did not
know what hour of the day tho wife of
deceased reached home, but before tho
death of dcccascd.
Cross-ernmincd. Witness the prison.
CT and Newton Martin were coming
from Douglass Mill. DIR. Newton Mar
tin owned the whip. Prisoner g5e tho
whip from Newton Martin after passing
Widsnor's WI 1"ro apparently to Quicken up
III to Newton Martin. There was n
conversation about deceased by the
three before they reached his house.
Newton Martin said that deceased had
bccn dragged into tho church by his
wife and mother. Prisoner said he
thought not, but believed dnccascd to
be true Christian Prisoner had tho
whip in his hand whom they all rodo
up to dcccascd's fence. Dec cascd got
it from prisoner
1t was a plated whip, perhaps about
three feet long and .wo inches in cir
cumfcroncc,-su whip as is used
for buggy driving. Deceased struck
prisoner reaching over the fence,
three times pretty hard. Prisoner
got the rock outside of tho plank fence.
| The fence was not far from the door
Of tho houso-aa ordinary plank
fnnco about four feet high. Tho tree
was four or five steps from tho fence,
higher fence than house, and about
tho size OF II mans body. Prisoner
struck deco used round the tree. E;d
not know whother deceased approach
ed prisoner from the opposite side OF
the troc,---must have moved towards
prisoner as he was nearer prisoner
when witness saw deceased down upon
his knees than when ho saw him be-
hind the tree. Examined dccoasod's
head after he received the blow. Saw
prisoner strike deceased with tho butt
end of the whip, while deceased was
in tho position witness had shown.
Did not know how prisoner had GOT
tho whip. Saw no other mark of vio-
lcnco upon the deceased except where
the rock struck him. Believed the rock
was the sole cause of the mortal wound
Did not sec deceased Oh tho ground
He sank down with his legs doubled un-
dor him. Did not see him lower than
that. Witness gave medical aid. Pris-
onor took an active part in giving aid.
Prisoner was Affected in tho highest dc
gree by the misfortune; expressed rcgre
as soon rs ho had a chance, and that if
possible he would die in his (docoascd)
place. Prisoner lived about three miles
from deceased. Prisoner was married
at that time, and was decoascd's family
physician.
Rc-enpm'nea by Solic,tor.--Did. not
think the threo licks gwen in anger
Deceased and prisoner were in the habit
ofmceting and playing together. Do.
ceased was struck ut by prisoner while
behind tho tree. When witness next