The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-07-08
SEVENTEENTH DAY.
TUESDAY, June %. 1863
TESTIMONY OF NJ. M'LAUGHLI,

4 AOESDAAs Sunc ~ AoS-'.
TESTIMONY OF NJ M'LAUGHLIS.
| reside in Jackson; have known the accused
about twelve years; / saw him on the morning
of the 9Th June, the day Col Crane was killed,
about O'clOck; was going into Barrows &
Smythes office, and met Col. Yerger at the
door; spoke to him and asked him in regard
to the deed of piece of property bought OF
him some years ago; told him that there was
party who had some claim upon the property.
In moment, he few on and said, dam IL, q
man told me the other day that sold him a
plantation, think he said in Bolivar county,
which never did.He His manner was very
excited, and he could not stand still in one
place; he was moving about and looked TO me
to be very much excited; l was about TO make
a remark on his appearance, 10 Mr.. Smythe,
who was sitting writing at the desk, but sa "
| the prisoners brother George, was in the
room, so halted and did mt say anything; his
manner was so strange that was going 10 call
Mr.. Snythes attention to it but for the pres
ence of his brother. l could get no satisfac-
tory reply with reference TO the transaction as
| to the deed. didn't see the prisoner again
after that till saw him here.
By Judge Advocate:
He appeared very uneasy; l think he had
been drinking, but could not tell; my i'm
preston was that he had been drinking.
By the Defense:
| could not swear that il was from drink that
his excitement was caused.
TESTIMONY OF c. p. SMITH.
l have known the accused for about twelve
years. saw him the morning of the 9Th June.
He seemed TO be very much excited when |
first met him. He was standing near Angelo s
bar-room when met him. He invited me 10
lake drink. l told him that never drank.
Said he, if you willstick to that, will raise
my youngest daughter for you, and give you
four hundred thousand dollars. think met
him again about II o'clock that day; he looked
AS if he had been up all night; think never
. Col HarQPr drunk life: when / first
met him in the morning 1t was about Il past
or 9 o'clock.
Some time during the summer, 1 forget ex-
actly when 1t was, Mr.. Yerger came to the door
of Capt. Fitzgerald's Office; / was sitting in
the office when he came in, in a very excited
manner, becokning his finger, and said come
here, come here. Capt. Fitzgerald sprang up
and went to the door, and he said have just
killed six men, get your arms ready. Capt.
Fitzgerald said all right, sir; that is all that
passed. and we didn't know what had happen
from some cause; nobody had been killed. and
nothing particular had happened. We met
him about ten or fifteen minutes afterward,
and he made no mention Of it.
By Judge Advocate:
His remark in reference to my refraining
from drink made no particular impression on
my mind; thought it was queer remark for
him to make; L am not aware that il is Gus
tOmary for such remarks 10 be made when
one person refuses to drink with another; Col.
1erger looked very haggardj L nad not seen
him drink; l could not say that 1 thought he
had been drinking; l supposed he had been
drinking; at the time he came to Capt. Fitz-
gerald's Office he was not drinking and seemed
perfectly sober; l have never seen a person in
delirium tremens affected as he was. The time
Col Yerger came to Capt. Fitzgerald's office,
there was some political body in session here
in the town, and l thought his remarks were
intended to indicate that he had killed some of
them; the best of my knowledge it was about
the time the Convention was here nominating
delegates to send to the National Democratic
Convention; l don't know how long the Con-
vention was in session; | don't know that l
have ever seen the prisoner under the infu-
ence of liquor; l cannot say that know much
of his habits; in my opinion u man may be in
toxicated without staggering.
By the Commission:
The prisoner took drink Immediately after
i declined drinking with him; when he made
the remark in reference to his daughter and
the 800, 600 thought he was testing; when
said he had not been drinking when he came to
Capt. FitZgerald's office, l meant that the i'm
preston created on my mind by looking at him
was that he was not drinking.
TESTIMONY OF CARRIE LOGAN.
live at Mr.. John ID. Freeman's just across
the road from Mr.. Yergers residence been
there six months. About three months ago !
saw MIR. 1erger act like as If he was crazy;
don't know that he was, but he was running
about, and he had knife and pistol, and the
way that he ran was towards the graveyard
he said he was going to kill man; l didn't
see any man; he went out of his own yard al
the back way. There a colored man, a
servant, who followed him; L went into the
house, and did not see him brought back home
1t was in the evening, before dark.
By Judge Advocate;
1t was about three months ago; there were
some men gathered about the gate; Mr.. ayloT
was at the gate; don't know whether he went
in or not; DR.. Craft went there afterward.
TESTIMONY OF W. 2. FITZGERALD.
am acquainted with E. NJ. Yerger the ac-
cused; have known him about ten or fifteen
years; really do not remember how long ii
has been since he came to my office one morn
ing when Mr.. C. P. Smith and myself were in
there; he called me out in a very excited man.
ner, and told me that he had killed six men,
and that five of them were lying dead in the
rotunda Of the Capitol. 1t was while some
Radical Convention was in session here, and
replied to him in these exact words: "the hell
you have; he said, have, and then he said
where are your weapons, get them and come
up here with me. i returned TO the Office and
stated in substance to Mr. Smith what | have
here stated. He went up the street and met
him soon Afterwards; | saw no excitement o n
the streets; saw Col. Yerger one two min
utes afterwards, and as he came up TO me he
burst out in a fit Of laughter. His manner was
very much excited; 50 much so, that / was
somewhat impressed, and from what he said,
had occurred; it was when some Radical Con-
vention was in session at the State House; l
cannot identify the particular Convention, but
am satisfied Ut was q Radical Convention.
By the Judge Advocate:
1t was a Radical Republican Convention of
some description; l don't remember exactly
what for, didn't at the time pay much atten-
ton 10 it; don't pretend TO be particular, but
my impression Is, that it was Radical Con-
vention; after found his representation TO be
incorrect, don't know that / thought anything
particular about il. / noticed that his manner
was very much excited at the time, and was
impressed that he had gotten into some diff
ated statement in reference to his killing six
mem my opinion was that he had gotten into
difficulty, but l soon found he had not; do
not know that he had been drinking, at least
l had not seen him drink: / don't know that /
have seen Col. Yerger drunk in my life, have
seen him drink frequently. / was under the
impression when Col. Yerger came to my Office,
that he had gotten into difficulty; know that
II was untrue, but whether he intended to prac-
tiee joke upon me or not do not know; do
not think thought Of il at the time; cannot
see why he should have wished to pay praeti-
cal joke upon me, it was never his habit or Gus
tom 70 do so with me, and when / found it was
untrue paid no attention to il until q few days
ago; Twas in eonversation with Judge Geo. l.
Potter and C.. p. Smith some few evenings ago,
and Judge Potter made mention Of some fact
That called II to my mind; that is the first time
have thought about this matter in connection
with 1erger's Waiting my Office since then; /
cannot say that Col. Yerger laughed ut me par
tleularly, when we met, he burst out in . ht Of
laughter. but the matter was not referred 10
before that; he did not appear to be much ex-
cited at this time; IL was but few minutes
after he had gone down from my Office till ] met
him on the street.
ETGHTRENTu nav