New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-05-27
MURDER OF FRANKLIN sINCLAIK.
Arraignment OF she A Aecused-TsstimOnl
In The Gaze

AFrahgnment OF she OnY
tn the Case.
The following is the testimony in this
case as taken before United States Commis-
sioner Shannon: 81
Henry Sims stated that he formerly lived
in Bastrop, Louisiana, but at present lives
In Monroe; knew Franklin Sinclair; knows
Mr.. Payne now present; on the morning of
the 10th of April, 1868, / met Mr.. Payne; he
had his doubie-barreled shotgun by his side;
l said good morning" and he replied the
same, and asked where | was from; | said
from Bastrop; Sinclair was a little behind
me; Paine asked Sinclair where he was
from; did not exactly understand whether
Sinclair said from 0uachita or Monroe; l
then rode on, and after having gone about
one hundred and fifty yards heard voice
calling out "HallO!H; halted and looked
back; the next word was Hold on, will
your | did not understand who said this;
looked and saw Payne with his gun which
appeared to be across his lap; directly he
raised it, the second time he raised it he
said, ''Take your hand down; this was
said by Payne to Sinclair; the third time
Payne raised his gun he said, Take your
haud down; soon after that Payne fired,
and Sinclair fell from his horse; | could not
turn to look back soon afterward l looked
and Payne was on the ground himself, and
both horses ran toward me; l could not
hold my own mule, and I concluded to
make my escape; | was riding along
with Sinclair before we met Payne
Sinclair was candidate for the Legisla-
ture in the parish of OuaChita; this occur
renee took place above Linn Grove, parish
OF Morehouse we had stayed at Charles
Williams house the previous night, and on
this morning were returning to Bastrop
together; Sinclair and Payne had not known
each other before this time, | believer l was
not related to Sinclair,
Cross eZamiaei--When the greeting took
place l did not perceive any feeling of
anger; did not see the greeting of Payne
to Sinclair, but Payne's voice appeared to be
IN the same tone as the, greeting to me,
which was an apparently friendly one; /
was excited after the occurrence took place;
| think Sinclair was five or ten steps
behind NE; his horses head was close to
my horses tail; heard no other conyersa-
ton between Payne and Sinclair than that
which I have already given; heard the
expression Hailof first; the next was,
Hold on little, will your
The first time Payne raised his gun / did
not understand distinctly what Payne said;
the second aud third time, Take sour hand
down. Sinclair had pistol, though did
not know where he had III he was in the
habit Of wearing it in front; never looked
at the pistol; he never had it out Of the
case, that 1 saw; I heard the first shot,
from his horse. as Sinclair struck
the ground heard another shot
Payue appeared to fall from his
horse about the time this second shot: as
Sinclair and myself were going south Payne
Was'going north, and when I looked back
Payre's horse was toward the south: Sin.
clair's horse looked toward the north; both
men had reversed position.
Payne has place of business two miles
and half above Linn Grove, and on this
morning he was going in that direction:
met PAYNE again on the Saturday morn.
ing after this occurrence before some
mSristrates. where an examination was
| heId. I don't know the magistrates names; ;
! was not ut all ACQUAINTED with them: on
| this SATURDAY. morning when l saw Payne
! knew and feared him; was examined be-
| fore two magistrates: am not positive that
/ the word pistol was not used in giving my
| testimony; my recollection is the expression
| used bv Payae was ''Take your hand down :"
! I could o1lv see the elbow of SinClair's
| right arm as he sat on his horse, and he
| apparently had hold Of something; don't
| know what it was.
| Examination in chief resumed-I am a
| Methodist minister the whole occurrence
| from beginning to end occupied from five
! 10 ten minutes,
! Gross examined Il heard something
/ about Phillips: this was after the good
! morning greeting: did not know which of
! the two used the word Phillips y the tone
| ia which the word Phillips was used ap'
! reared TO ne to be as pleasant as the good
! morning greeting; can not tell whether
! either of the parties was angry at the time
they might have been angry; did not hear