Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-07-30
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Third bays Proceedings.
TESTIMONY Fo4s THE DEFENSE.
William leytestifed Live two miles
from GoodleisvilIe; was at Goodletsville
late in the evening; was at Mrs War.
mack house between shutdown and dark
saw DR.. Burns and Ned Warmack there
Ned was playing the banjo; Stalcup and
witness called in to hear the music; on
leaving met Pike and Matt Warmaek with
Dallas Marmack, who seemed 10 be yerg
drunk Dallas staggered and fell against a
pear tree; witness then went home; this
was about o'clock; was positive that Ned
Warmack was at home when witness got
there.
Greenwood Sialcup testified: Live one
mile from Goodlettsyille; was in Goodletts-
vile at Mrs. Warmack's with Billy Haley,
between shutdown and dark; Ned Warmaek
was playing the banjo upstairs; witness
remained tall about dusk when leaving
met Pike and Dallas Warmack; Dallas was
drunk, aud staggered and fell against a
pear tree, ten or fifteen feet from the house /;
don't remember seeing Matt Warmack !;
left Ned Wsrmack upstairs about dark /:
heard no guns fired that night; saw no
guns or pistols about the house.
Gross examined: Don't know how long
Ned Warmack had been at home thought
Dallas was sta gering as though he had
pulled away from Pike
Daniel Payne (colore1) testified: Live
at Mr.. Milam's; was working at Mr.. Cum
ningham's with VIM. Cunningham and
black man name Horace have been liy-
ing there long time; did not know Hor-
ace; Horace told witness that he was not
al Goodlettsyille when sruggs was killed,
but was at Crossway's; witness went home
after finishing his work.
VIM. Cunningham testified Live near
GoodlettsVille; have known Horace Ed
MINDS two months or more worked
with him last Monday witness was hauling
oats with him; heard Horace say in a COM
versation that he knew nothing about the
murder; that he was near Mr.. CrossWav's
when he heard the gun fire, nearly two
miles OF; witness was at the trial on Sun
day, part of the time, and saw Horace
Edmunds there; neither Of them were
witnesses at that trial
Steve Bowers testified Was at 7oodletts-
vile the day Of the murder saw William
Scruggs 60 TO his house and get his eup.
and go back TO his grocery and order Dallas
Warmack away; Dallas Warmack was
sitting on the steps Dallas Warmack then
came ont to witness buggy in the direction
Of Scruggs, some thirty or forty yards from
Seruggs' grocery; another Warmack was
with Dallas; don't know Pike; Scruggs
seemed 10 be drinking somewhat; don't
remember seeing anybody except the two
Warmacks witness asked Dallas what was
the matter; Dallas said he had had diff
gculty with Scruggs; Dallas then asked
witness for drink Of whisky, which was
given him; Dallas drank two drinks; wit
ness drove TO Scruggs for a sack of flour
then went by Mrs. Warmaeks; saw
Miss Burgess in the forenoon, and called
by Mrs. Warmaek's late in the evening
and carried Miss Burgess to witnesses
home, seven miles in the country witness
did not drink anything more that evening
have known Miss Burgess since March
witness never gave Miss Burgess any pre-
sent snapped pair Of hoop skirts with
her for a lamp and gave her one dollar to
boot; did not see Miss Burgess on the
street, while sitting in his buggy; saw
Dallas Warmack from the time he left
Scruggs' grocery till he reached witness
buggy Dallas Warmack was drinking. but
not apparently drunk.
Cross-examined Talked with Dallas
Warmack five minutes; only stopped avery
short time at Scruggs' to get sack of -four:
dallas Warmsck did not threaten Scruggs
in witnesses presence, but said he was not
afraid Of Scruggs, or he had only one time
TO de. This was in response to witnesses
sussestion that he (Dallas) ought to have
left Scruggs' steps, when first ordered: wit
ness never heard Of any suspicious against
the character Of Miss Burgess did not tell
witness that she had heard Dallas War
mack threaten Scruggs; witness was with
Miss Burgess after the MURDER and talked
with her about 1t, but she did not at any
time mention having heard Dallas War
mack threaten Scruggs; Pike was not with
the two Warmack's when they came to wit
nesses buggy; he may have passed with
others along the pike, though witness does
not know him by sight
Esq. Cunningham testified Live near
Goodlettsviile, and am Magistrate in that
district was in Goodlettsyile abount SIM
down, the day Of the murder; sat upon the
trial as Magistrate upon Sunday morning;
Horace Edmunds, a colored man, was
present at the trial, but was not witness;
no warrant was sworn out, but witness, as
Magistrate, issued il on information; all
the witnesses were carefully examined, but
testimony was not written down six or
eight witnesses were examined Horace
Edmunds was at work at witnesses house
on Monday following the murder, but left
on Tuesday morning, and returned on
Tuesday evening; witness asked Horace
why he was leaving his work, and he re-
piled that them men up at Goodlettsville
wanted 70 talk to him about the killing of
Scruggs; p this was on Thursday witness
told Horace that he had been telling il
around that he knew nothing Of the affair,
and that his evidence would NOT amount to
anything, If he contradicted his own state
menis; Mr.. Crossway lives about one mile
on an air line from Goodlettsville.
Court adjourned till Wednesday morn
ing at 10 O'Clock,
CRIMINAL CoURT.-This court will con
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