Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-08-01

Fourth Days Proccetiings.-New and
Interesting DeVclopments-A New
Character on "a Gray Horse.
TESTIMONY FOR THE DFENsE.

lettsville; am acquainted with the Misses
Burgess don't know anything against Ihei
character, but their character was not gooI
before they came 70 Goodletisville; got hi,
information from VIM. Scruggs, the de
ceased, rs 10 their bad reputation; Scrugg-
wished them TO leave the neighborhood
because of their bad reputation. The Misse.
Burgess are hard working, sewing women
they live on the thoroughlare 10 Robertson
county, and the impression is that they
entertain the hucksters who generally pass
that way; witness would believe the Misses
Burgess on oath.
Robi. Bigby testified Am acquainted
with the Misses Burgess; knew them in
Robertson county; don't know anything
personally against their character but the
impression of some of the neighbors is, that
there they have not a good character.
Henry Hinkle testified Know the Bur
CESS family; they have bad reputation
for virtue in the neighborhood, and also as
mischief makers; persons were in the habit
of visiting them after dark and leaving just
before day never was any difficulty be-
tween witness and the Burgess family
witness once sent them word it would be
better to remain on their own side of the
fence; witness has no prejudice against the
Burgess family; has loaned them things
several times when they were destitute,
against the will of witnesses own family.
George Clifton testified Live at Good.
lettsville; have lived there since October
was in Goodlettsville the day of the muir
der; saw Steve Bowers in his buggy that
day, between brakes and Scruge's gro
Gerry did not then know Dallas Warmack
and Pike; while Mr. Bowers was sitting in
his buggy, a gentleman came up and took a
drink with him; pointed out Dallas War
mack in the court room, or the man who
took the drink; others may have taken a
drink, but witness does not remember seeing
any one; persons were passing the pike all
the time.
Isaac Drake testified: Live near Good
lettsville; was not at Goodlettsville the
day of the murder; heard of Scruggs'
death on Sunday morning; witness searched
his premises Sunday evening for horse
tracks, and found some tracks near the
creek in his field, going in the direction OF
Sumner county; saw the places where a
horse had went in and come out; corn had
not been eaten any; no stock had been in
the field since rain; witness keeps toll
gate, and by going around through witness
field, the gate would be avoided the two
gaps were two hundred yards apart one on
one side of the gate, and the other the
other side; the first gap was near a hall
mile from Scrugg's; it would have been
necessary to go through the field, in getting
from the shed, from which the guns were
fired, to the pike; would have seen the gap
down if it had been down on Saturday or
Friday.
Cross-examined: Persons some times go
around toll-gate to avoid paying toll,
though if persons were to go around wit
ness toll-gate in the day time, they would
be seen by his family.
VIM. Williams testified Knew Mrs.
Burgess in Robertson county; lived two
miles from her; the general character OF
the family is not good for virtue don't
know how long the family lived in that
neighborhood; the general talk was that
they kept lewd house; don't know if they
had brothers.
George W. Kemper testified Live in
Goodlettsville was in town the day of the
murder at P. NJ; heard guns fire that
night about nine o'clock, and soon after
the firing heard the clatter of horses feet on
the pike, as though at full speed; the noise
was to the right of the Gallatin, and on one
of the pixies leading off to the right or
northeast one; the pike was about quarter
and the other farther from witness home
the clatter of horses feet was perhaps five
minutes after the firing; have known the
Warmack family for eight to ten years
their character for truth is very good in
the town; would believe any of the War
mack family, and also DR.. Burns, on oath
in a court of Justice; know nothing OF
Daniel Payne, especially.
Col. Milan testified Resides one mile
from Goodlettsyille; is acquainted with the
Warmack family; have known them twenty
five to twenty weight years has never heard
anything disreputable against them would
give any of the Warmack family or DR.
Burns full credit on their oath; knew
Daniel Payne long time; believes him
an honest, truthful negro, and would be-
lieve him on oath knows William Gun
ningham well, and would believe him on
oath he is youth of fine reputation.
Peyton Roscoe testified: Have lived al
GoodlettsYille twenty-eight years; is We
acquainted with all the Warmack family
and believes they have fine reputation
would give William Cunningham full
credit on his oath know nothing agai nst
Stalcup and Haley don't know the general
character Of the Burgess girls have heard
some charges against them since witness
came to court.
Hugh kirkpatrick testified: Lives neal
Goodlettsville, on the Long Hollow pike
was at home at the time of the murder
heard the guns fired; soon after the firing
heard the clatter of horses hoofs; though
at first that the horse was coming towards
witness house, but learned soon after thai
it was going towards the Gallatin pike; the
clatter was in fifteen or twenty minutes af
ter the firing have been acquainted witt
Mrs. Warmack for four or FIVE years, anC
never heard anything against any of the
family know the reputation of Dr. Burn.
and William Cunningham to be good the
horse was going from Goodlettsyille, anC
at full speed.
Mr.. Burton testified: Lives at the june.
ton of the Louisville and Gallatin roads,
two miles from GoodlettsVille; was al
home Saturday night, and saw two men on
horseback, gallOping along towards Nash
vile, from the direction Of Goodlettsville
horses seemed to be light sorrel or gray, and
were shod; the. riders were white men 8
good many colored men were walking along
the pike that day; the men on horseback
seemed 10 have on dark Clothes one had a
light colOred hat; the horsemen had nc
gun in passing from the Long Hollow
pike to the Louisville pike it would bt
necessary for the rider to pass through the
field in the rear of the shed, where the gun
was fired, if he did not pass around and
get into the road.
The following affidavit to require the
presence of Willism Bloodsworth as a Wit
ness, was presented to the court by the
counsel for the defense
State as. T. j. WdTmdck and Pke.-W.
w. Warmack makes oath, that on yester-
day he summoned VIM. Bloodworth for
the defense, to appear at 10 o'clock to-day.
But he is not in attendance he said that
he could not come he was not sick, though
he said that some of his family were. He
stated to affisnt that he would prove, il
present, that George Martin told him that
VIM. Scruggs, the deceased, owed their firm
about $4,000 for stock that they had stolen
and delivered to Scruggs, who had sold
them, and not settled with them that God
d-n his soul he was working on their
capital, and that he would be id if he
would not kill him, or have some one to
do it for him: he would rather do it him