The Sumter watchman. [volume] (Sumterville, S.C.) 1855-1881, 1870-01-19

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witnesses for the prosecution 10 tho above state,
cases, aro absent; that they .itasxxA
for said prosecution. and that ho believes III
ends IT fjusticseanuot be ob,sincd by q trial %
said cases 1T tbis present torn, and thut probe
legal pr"cess has been takeu out 70 huye th
Witnesses befero Tho Court.
Sworn to before mo ,hi. t2,, II iay y h Of jsn. 1870
(signea) q. ". ARDoN g. &. r.
This 10 to certify witnesse are mnteria' wit
ded, !. Calvin Bousall and Henry II Wilson ar,
absent from tho State on .Utielai business; nut
cannot to bore at ibis tern OF ihe .Geurt, nd alst
John Burke, +. J. Mann and Robert S. Wilson
are on Official duty in different parts of this State
and that they are also material Witneeses in Sthi
case aforessid. 80 .E4
tsixnsd) 49,. Z. @. DuBosE.
Sworn to before mo this l2,h dny Of jan. 1870
(Siyued) q. ". REARDON, y. C.p.
The counsel fur tho accu.el objected to The
soi'ictcncy OF the showing mndo by Tho State fol
| ueiay brcsisc, on examination, it WAS found
that no warrant had been issued to obtain the
attendance of tho witnesses named in tho affitla
Wits. aud that a bonch wurrant lIal been issuel
only tho day before f.r their attendance.
Tho Solicitor then took the ground lbut tho ,a
| teriality OF these witnesses had come to hi.
knowledge since the meeting Of Court, and tina,
no bad no. bud lime to lave loyal process servcd
| on thom tu compel tlioir ,uttcniinte.
! ground for continuance.
Tho counsel for tho nccusci then asked tic
Solicitor tn State what facts lie expected TO prove
by these Witnesses as their to3timony might bo
ad:aitted, ah,l the ,riui 80 on without them.
Tho Solicitor, then, (aftcr consultation with D.
G. R"bcrtson,. whose store. was burnt, and who
was in Court aud NJ l,. side) enid he was unable
| to do this, aud had no direct information MS to
| whnt ficts the ahsont witnesses you'd prove
| some rlhem being detectives who had mover yet
| na,lo any report, aud ly others ho expected to
provo the res gestoc.
! His b00ar then held that as tho Solicitor could
not stnto the materially Of tho witnesses for the
Stato aud ho could not static what they would
| provo, tho trinl must go on " hont them.
II is to DO reinnrkc,liin passing, that Of the
witnesses natned in the aiiinvits, Il was stated
| and nut denied, that only four wcrs ever resi-
denis of Tho Dis,rc'. Tho rest wrro detectives,
who wcr.. since The h"rnn., FRAN tiiio I" time,
| in different parts of tho District. aud who iad
| very rccrnly nhsen,:i Themselves fr"m this 10
cality. Aud Uf tho fur re>idGntS--al negroes
but "nc--onc Was II confirmed idiot, and easily
obluinaLlc two others lived nat far distant. and
| tho (on' tli had rcmnvcl sumo months since, to
North Carol n. ihcro to reside
The following Jury, after bu, little delay, and
! Wit. nn!y twelve challenges, were impanclcd fire. IN
The regular list:
l. William Notifies, foreman, (whi,r.) 2. Thos.
Hair, iwit } 3. I, r.. Chandler, .lwhitc) 4.
| Jncks"n Chavis. (C,l"tei.) $. II. n. Spann,
iwhi'o., 0; II. y. bradford !whi'e) Lans.l"n
l.. L. Jenkins. (whi,c) ~ T. II. Chan!cr,
(whi:e.) II. Abr"r nrown, (whi;c.) IL. Thumas
Long, (c"losc'l.)
EviaaScE Far THE STATE.
Samrcl l.nbly sworn. a.d testified MS follows |:
lie wns in tho employ of Mr.. n. a. Kobertsnn to
| Ito any kind II work about tlu farm. ana having
no other place convenient he slept in the store
| "r Mr.. Rubcrlspn, that IN the night Of tho 21St
Oct. last lie was sleeping in tho store and heard
some one knocking at tho door, thought it was
'lnylight-somo ono sail cumo out here, we
want to sce you-got up and went to tho door and
| saw many lnen standing rnun,l-nl had on fnlse
faces. st first ho refused to 80 and locked the
door. They caled lin out again aud Iu went
| "ut-af,er sumo questions they put him under
arrest ana two men guarded Him about Is nr ~
yards OF from the store Mr.. Eohcr,son was also
sleeping IN tho stnro thai night. He had In tho
| stare double barrel gun. l3et, ro witness came
ont they called Mr.. Robertson TO conc out. lIo
snid 10 witness ho wa> not coming cut. When
| they Ind me under arrest two came to mo
| and asked If Mr.. Robertson MAS in tho sloro.-
| said yes. Then they said they wrnld give him
| two minutes, ii hc WAS not 0utS.o in that tiiie
| they would burn him np. Said lie would not 50
! out Ono man called another 10 yet l:.:htwoo,l Il"
| pni under tho store, and then said cnsy-lct Il
| stand. They moved out Of The way snrrosng
| Robertson might shoot-cal!c:i Robertson oLt
| again then Robertson storp.d uut. Two men
| took him untor nrrcSt-ona man sAii If unc Of
| tliom mpvc blow his brains out Witness beg
ge,i 10 bring his things out Of the store a,l they
let him 60 in and bring out his:l11uk k4a ad lidugs
two mon went in with him. left the door
into the = um We slept in-thi. was adjoining
| the store ronM, the lunE To which Was locked.-
There were (D rutms in the Il u:o
Mr.. Robertson 10. gca 1" bo nll"wc,l to save his
sh, aud Que Of Tho guard went in and brought
| h,n his watch Tho guard thun told us If either
! uiovc,l they would put lend in us. They were
armed with double bnr c! guns. When was in
| The store getting my things. two Of the men went
with me. and some wero hrhin,l me and ono Of
| them to"k Mr.. Hnbcr,snn's pistol out uf his coat
packet, which was in tho litto room connected
with tho stnro. There wasnls" another pistol "n
tnble, which ono OF tho ioon tonk IN bis hand
| I do mi know that no tonk It nf with him.
opened tho storc door when colnninntlc 10 do SO
! hy the Captain. Mr.. Il. brought no gun on,
! with him when 10 came. Whan asked, told
| them that there was some powder, hut not much,
in tho store. They onk possession Of tho l,owdcr
They inquired nb"ut liquor. ] toll them there
wcrc two bnrrcls nnd some !asks Of wl,iskey. ]
! saw nf tho meu akcn picco Of lishtwood
| md n little after snw the building in namcs. I
SAW the nrn when they came ont OF tho store,
| ami the last one shut the d""r anl lOckcd it,
Alter the h"uSe wns On fire. we were renewed by
| Il he guard ono Of thcin helping inc will my trunk
10 tho distance o:ahnut Oh yards from tho
Two remained 10 gunr,l u>. arr, .wo went Tor the
hnrscS. knew s"Mc ni tha men. Tic orc they
called Captain Was Dr.. Miller. know Dr.
Miller. and he sits bofnrn ine nnw- ono nf tic
prisoners. knew him by Iii. voiee. His f,lSc
Taco WAS unlike The rest ard the hnlcs fnr the
eyes were larger. dill MT knnw Kim hy The
c""r or his oyes. hu, by tho. w.inklts over his
eyes. hnl II light IN my hand when ! was III
The store, aud he WAS ihcro ] watrhr him and
he watched me. Tho NV" ,,cn who gm.r'!c ne
wcro Charles Watts aud James I.c.rSnc. | knew
} mcs I,,csnc hy his v"ico. ni;l Watts III is
hnir. knew Henry Duboso a'o, anil Brown.
but the prisoner ut The bar, tl'rnwn) is not th.
Brown fnw there. ] did mi know tho hoiscs.
Cross rxamnci hy r. Is. Fr scr, Esq.-Wns
horn in Switzerland and have bc"n III lis c"uu
try ab ut f,nr years. These mrn wrro 1T The
store "nrc bc!nrM | linvo.hearl l'.. alillcr talk
several times and know lin, Int never talked
much with him. NJ b"ly hui Robertson nnd
himself were present lei,'cs The men in d;sni.c.
Knew Dr.. Miller by his eye nmJ his yoiechnrw
his nyc ,y some wrnilct ab.r,i H. and ,"t i'y ile
cpor. inrw Watts 'y Ills tar. His lair @a-
not smooth that night ~ il is nov, hut bin,>cd
knew James I.'.c.mn l.y l.s voir". Il.nry Du
Bosc BY his hair nnd voice. k.,,W l,r. Micr's
voice aud I,ul' ',So an Wits hair i.ccauso they
wcro like ,heir v"irc ,n.l hair. ! ln mt expect
to get anything f ,h" risc'crs nru convicted.
afr. unbrr on liv"s r'.;'t a mile !."n the slurc.
Mr.. X, tmiI nc SIC n tG.i!, ard this Is uil tho