Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-07-13

N1OAN
peeping around to see the affair end; how
be heard the pistol shot; how he then
heard Stanly call out to uncle Jim, "Jim,
come here ! this Niger is killing me;'-
an all de time de Niger was already
dead his SELF he added. He went on and
recoanted in the same strain that " he
became very much frightened and started
20 60 out. He had to pass down by the
dead man and when he got there he found
Stanley there. Stanley asked him who
he was. He told him. he then remarked,
:" poor Henry is dead" or You have
killed poor Henry.'' Stanley answered,
" yes he's dead-dead damn him-too
dead to skin ! and I wish 1t had been that
Old rascal DdUis.n
Oross-eramfned.-After Stanley shot
Henry he walked up the hill, and while
walking up toward the house he shouted,
"Come hereI come herel This niger is
trying to kill me;" all the time the mig
ger was dead; / (witness) went down
there, n he hailed me n told me that
he had "killed Henry and would kill an
other one;'' this scared me and I broke
and ran; 1 came back with Davis and
them, three-quarters of an hour after
ward; Davis hailed from the gate and
| Stanly asked who was there2 Davis an
swered, "me, Davis" on this Stanley
said "come in;" Davis came in; Stanley
was sitting on the porch; / couldn't see
whether he was bleeding or not; when
Davis came up he said, 81 see Curtis is
dead;' Stanley said, Eyes, 1 killed him
l don't deny It; 1 did it in seIf-defense;
let him lie there till morning; you better
get a Sheriff"
General Sale, after this, cross examined
the witness and got him hOpelessly entan-
gled in his own statements. We have a
report of the testimony bat it is hardly
worth publishing in full. The main
points of difference were these: On cross
examining as to what Stanley said after
the shooting, the witness asserted that he
sung out TO him " Tell Jim 10 nm here
quick, this nfgger IS about to kiH me-"
General Sale looked at the prisoner
in his peculiar way and said:
Z" You know he never said any
such thing.' The villain seemed inclined
to maintain his assertion, but at last adj
mitted that Mr.. Stanley said: "Tell jim
to go down to Mr.. Duprat's, and tell him
that this negro HAS NEARLY KILLED ME-"
Sale said to b witeess, after ne had
made this last statement: You know he
didn't saythat." But the witness stoutly
maintained that the last statement was
true-iust what Sale wanted. The cross
examination for the defense being con-
tinued, ELECTED the very remarkable fact
that this witness, while running away as
fast as he could go, to use his own words,
had time and power to see through the
back of his head, and through the dark
ness of night, a distance of one hundred
yards, and discern Stanley sitting in the
shadow of his porch, eTOSS-LeQged.
This black mass of corruption and
lump of perjury being dismissed from the
stend, Lafayette Mitchell was called. He
swore TO have gone to the identical corner
of the Identical house, at the identical
time as the foregoing witness, and there
having seen the flash of the pistol which
slaughtered Curtis. On cross examination
the remarkable fact was developed that
though both men were in the same place
at the same time, neither saw the other.
Mitchell, however, had something of the
air of truth about him, didn't
repeat so many oaths, and indeed seemed
inclined to let a few grains of truth creep
into his bushel of testimony. The cloth
ing, all clotted with gore, worn by Mr..
Stanley that night, were shown to him
and recognized by him. He also swore
that a few moments after the shooting he
found Mr.. s. sitting on his porch bleeding
p~rOfusely from wounds on his head, etc,
He s~ubstantiated the statement that the
former witness had made in regard to
what had been said TO Davis by Stanley
about killing Curtis in self-defense.
Chas. Graham was sworn, and depOsed
pretty much the same story about the in
ception of the affair. On cross-examina-
ton he stated that he felt so "hurted "
about the way that Curtis, a visitor, was
spoken to by Stanley This boss), that he
had locked himself in his room before the
fuss commenced, gone to bed and knew
nothing about the affair except what de
chillen tole him."
Squire Elliott was sworn in regard to
the inquest, and nothing was elected of
interest. This closed the case for the
State.
THE DEFENSE
introduced Captain Athey as first witness.
He swore to making the arrest; the condi-
ton of the prisoner Stanley; identified
his clothes, the club, etc, and swore that
the club was bloody when found. He
also swore hat there was blood on the
gate and g~ate-post.
Detective Mat. Shelby identified the
bloody clothing worn by Stanley when
arrested, and swore to his c~ondition-be-
ing covered with blood, etc. He also
the club, n swore that he had
seen fresh blood upon it when it was
found.
DIR. A. X. Taylor was then called, but
being present, the defense called up a
number of witnesses, by whom they in
tended to prove the character of the ae-
We will not 60 into their testi-
mony in detail; but the following
gentlemen being sworn, testified TO
his exalted character and reputation:
Colonel Phil. Glenn, Colonel Orlando
Brown, Colonel Powell, Mr.. Brewster,
Colonel David L. Cross, Colonel Hartt,
Judge Il. NJ. Yerger, and others not less
distinguished gentlemen, all testified to
having known the accused from twenty
five TO forty years, and that his character
was beyond TeprOaeh. The State tried two
or three times, by taatendO, to prove intox-
~ication, but it was promptly met by de-
from those who had known him
tor a quarter of a century, that they never
him under the influence of liquor!
Drs. Irwin and Purnel were examined
in regard to the nature of the wounds of
Mr.. Stanley, and both pronounced the
gashes to rave been made by some blunt
and gave it as their opinion
that it was impossible for Mr.. Stanley to
have inflicted the same on himself.
The Court was addressed by Attorney
Luke +. Wright, General Sale,
and Mr.. HorrigaD. At half-past six the
Court adjourned the case until this morn
ing at ten O'Clock. The public mind is,
however, already made up on the subject,
and so we suppose is that of the inte!li-
gent Court before whom it is being heard.