Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-09-02

uuuluR tuo UOuy uOu Know AOOuL tue
windows whether they were fastened down
or not. s.- - =
TO CHIEF JUSTICE
Stephens house is four or or five hun
bred yards from the public square.
4 TO JUDGE DICK
Mrs. Stephens is sister to Mr.. Groom.
Richard Graves (colored( was then ex.
amined. He testified to Wiley's having
touched Stephens on the shoulder and
their walking out of the Court House to-
gether. This was between 2 and o'clock.
The report of the day closes here.
THE STATE VS.. F. A. WILEY
FIFTH DAY, CONTINUED
TUESDAY, Aug. %.
Joseph Womack examined
| Lives in Yanceyville township, was in
the town on the day of the murder went
| to the Court House about o'clock in the
afternoon, didn't 90 in wanted to see
Stephens saw o man who said he was
from the railroad, and asked him if he
/ knew where Stephens was. The man re-
piled, he had just seen him up in the
Court room and he reckoned he was there
in the room where they were giving in
taxes. Witness stood near the gate and
looked down the passage to see If he could
see Stephens. While looking saw some
men come out of tho last door on the left
of the passage. they were Frank Wiley,
Logan Tottep, Jim Mitchell ard three
others. Wiley passed me and went on to-
wards Harrelson's store, was sweating as if
he had been at work don't know where
the others went, didn't notice. Witness
then left and went to the caucus meeting
at the school house came back and as
sisted to guard the Court House that night;
was on the front don't think any one
could have passed in or out without his
| Il
not see Hemphill, but saw Henry Ste
phens.
| CROSS EXAMINED.
| Was summoned, on Saturday q weeA
| ago, to come here; after the murder went
to Danvllle; came back when the soldiers
came to Yanceyvile; had been in Kinks
camp since he came to Yanceyville; had
been doing things for his friends and
neighbors; had done nothing in the camp;
came with Kirk to Graham; the other wit
nesses did not come; went to Salisbury;
went because he did not know but the trial
was to be there; Kirk, he said, had order
ed him to come with him; he came back to
Graham with the troops and stayed there
with them till be came here. He lett
Salisbury on Friday morning; bad thought
the prisoners were to be there, but found
they were not and came back; didn't know
but Wiley was taken to Salisbury; saw
him at Graham. knew he was put in Jail
there, but didn't know he brought
here; didn't see him on the train, didn't
know he was ordered here. He was in the
same car with the prisoners that went to
Salisbury but didn't know Wiley was not
along. Don't know how long he stayed at
Graham; got board among the coored
people there; got nothing from the sol
diers at Graham nor at Yanceyville. He
got no LAY from the soldiers.
He told to Rnffiu Hill about seeing the
men come out of the room, on the Tues
day after Stephens was buried; had told
no one else, white or colored and told him
to Tell no one. He gave in his evidence
to Burger at Yanceyville, soon after the
troops came to Yanceyvilie Bnrgen had
been there four or five days before he
told him; told it then because he was afraid
to do it before. Had told the guard, when
they first came, that he wanted to sec
Burger, aud the guard said ho reckoned
he was busy; would not say he had not
been in the Court House before that
after the troops arrived; he had passed
through there frequently. He got &C
quainted with Kirk and Burgen soon after
they arrived-some four or five days He
talked with Kirk at Mrs Stephens; he
happened there and Kirk came there after
he did and took breakfast there. Mrs.
Stephens and Mr.. Henry Stephens we're
present;'I was not introduced to Col. Kirk
them a day or two after they came. Saw
Burger have Wiley in custody the first
day he came, which was on Monday; saw
Kirk day or two after, was at Danville
when the Regulars came, but was at Yam
ceyville when the State troops came. Did mt
say anything to Kirk at Mrs. Stephens
hut f'howdy," DIDN'T tell him / knew any
thing about this matter. It was or 5 days
after met Kirk that saw Burger in his
office in the Court House Did not tell
Mrs. Stephens nor Henry Stephens, nor
any one else. Did not sign my name to
what Burgen wrote; Kirk took down my
evidence in regard to the Ku-Klux matter
at Greensboro and signed that. I was
not sworn when gave my evidence to
Burgen.
Ii was about o'clock when [ went to
the Court House on the day of the murder
IL had just come from Greensboro fro
the Ku-Klux trial before Judge rourgee;
had been staying about the country among
my friends; simply happened to be in
Yanceyville that day. l was Ku=Kluxed
on the 3Oth Of April, ! went down to the
Court House in the morning and then
again at o'clock; wanted to see Stephens
to get warrant from him. he was magis-
trate; wanted q warrant against party
who had made threats against me; didn't
go to Stephens house to look for him.
Witness repeats about seeing the men
come out at the door. One of them
seemed to stop as they came out, as if he
was shutting the door; not positive, thinks
he did. Was at the Court House on Mon
day; went down the passage to look at the
door to be sure was right about it, want
ed to be positive.
He heard that Stephens was missing
about dusk, while at Jerry Graves wo-
man came to the gate and said Ruffin Hill
wanted me and Wiley Turner to go down
to the Court House, that Stephens was
missing, and they wanted us down there.
We went down, saw several persons about
there, was with them in the search through
the rooms below; don't think went up in
the Court room. We couldn't get into
the room where the body was afterwards
found didn't say anything at that time
about seeing the men come out Of that
room that day knew they went round to