The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-03-08

CilneDeii aOO carson DOtn were present aC
the lower place threshing. They slept to-
gcther the first night. Afterwards Carson
slept at the stack and Clinebell at the house.
Went there on Monday evening and left
Saturday evening. Heard them speak to
one another on the first and second days, but
did not see them speak after that.
Cross-examined Heard 10 unfriendly word
and knew of no difficulty Mt that time. did
not think it remarkable that they should sepe-
rate in sleeping, or should not talk together
after the second day. l heard no converse
ton about driving horses too hard. They
did not seem to lie friendly after the first
two days. There seemed to be q dryneSs be-
tween them--an unfriendliness of manner.
I did not attribute it to any particular cause.
| heard no unkind word between them. /
heard Carson using hard words at the pump
on Thursday morning, though notaddressed
to me. think he was talking to Meredith
Meade. He did not say he had any unkind
feeling towards Clinebell. He said he had
loaded his pistol afresh, and there was no
swapping in the question, and when he shot
he wanted it to 20 off. He did not say who
at. saw his pistol every day. He carried
it In belt around his body, in case, as is
usual. He was guarding his fathers wheat
stacks at night.
Here the Commonwealth closed in chief.
The defence first called
George Hawpe: On the 1st of last Septem-
Der year ago Patton Clinebell cane to my
saw-lnill for load of lumber. Whilst water
ing his horses ] said to him, heard YOU and
Carson had fight. He said, Yes, we did.
I asked, Did you whip him! He replied,
Yes it was about letter Miss Rosa Graham
wrote to Carson. lie continued: "CMson
comes to your house soulc times, don't he !:
You tell him for me that the first time !
catch him in Rosa Gralam's presence | in
tend to thrash him and wear him out OIL the
ground" In August of last year Carson cumc
to my house about dinner time. I went
out to attend to the horses. He said
to ME, Don't stay lbng, want to see you.
I stayed some two or three hours. When
[ returned he said, want you to 60 to
Greenyille with me want to 80 to call
on Miss Rosa Graham, and come back; the
| reason I want you to so is that certain
person has said lie was going to thrash me
out of Greenrillc. He then sud it was
Clinebc!l. then felt it my duty to tell him
Cinebelps message, and I did. Carson
sid, You tell him ii he ever he attacks me
before Miss Rosa Graham Iii shoot him, ii |
live. A few days afterwards | sew Cline
bell in Nincs'S shop and told him what
Carson said. lie replied, He will have it to
do; can shoot as many times as he can.
Carson came to me some time before
the killing and wanted me TO let 4 boy
take lis horse up to Ciinebclrs. did not
do so. ClinebcIi had q pistol at the time
when he said "hc'll have it to do" That
was after the Sd Of August. Clincbell did
not tell me what the letter was about, but it
was about that letter that he had whipped
Carson. Question: What was Carson'> mo-
tive in irving to get some one TO take his
horse up to Clincbcll's: [Obiected to by
Commonwealth; argued by counsel and adj
mittcd by court.l Answer: There seemed
TO be an unwillingueSS on Carson's part to go
I'D there. said he did not want to 80 up
there.
Miss Lou Graham recalled by defence:
When l approached Mr. Carson after the
shooting he seemed to regret very much what
ne had done. Caught hold Of my arm al. Il
sad. "Oh, Miss LOU" and seemed too n. och
overcome TO say anything more. His emo
ton was very great.
Mr. George lIawpe cross-exa mined knew
Clncbcl very well. We belonged TO the
same lodge of Sons of Temperance. Uc
came by himself for t. le lumber; am certain
OF this. 1t was Of the 1st cf September
1870; made II .emomndum of it at the time
{ lis / was ACCUSTOMED t. do in q book / kept
for the purpose. [Thc conversation as eli.
cited Dy the croSs-cXamnation was the same
a2, in the direct examination. The memoran'
dunl-book was shown to the jury, it being TIC
cDiaiOn Of the commemorative attorney
that the entry had been recently made, judg
ing from its fresh appearance. 1t was writ
ten in lcad-pencil, as were ali the melnoran
Cuns in the book Carson is distant rea
, tive OF mine. Prefer Clinebcll to Carson
would rather "tie to" him than to Carson
Every time saw Carson he had 4 pistol.
: William Holbut called: In August Of last
7 yer was driving Il wagon to Staunton fol
> Mr.. Clinebell; young Clinehel was in the
wagon; Mr.. Cash was ahead of me driving q
: wagon Of Sir. Carson's; about one and q
quarter miles from Grccnvii!e Mr.. Charlie:
Carson rode up TO Mr.. Cash with horse tc
, put in place of colt in the wagon, but did
not exchange, as Cash was getting along very
well with the colt. Clinebell got down OH:
, of the wagon and went forward, saying he
was going to whip Carson. Before he reach,
ed the wagon Carson turned and went back
towards Greenyille. Clincbcll returned, say.
ing Carson had gotten out of his way. On
, this same morning had made some remarks
about Miss Graham, and said he was going to
cowhidc Carson in Miss Graham's presence
+ At Mr.. CritZ's he once said he would cow
, hide Carson as long as he could find him, and
, then coWhidc the ground where he last SAW
him.
Cross-eyamined: Helped to thresh oats at
, Mr.. Carson's. Conversation at my house was
, before we came to Staunton, and after thresh-
, ing ut ClinebelPS.
John Cash called: Met Carson one and q
quarter miles from Grcenvie. He was
! bringing 4 horse to work in place Of Il colt ]
had in the wagon. But was getting along
. very well with the colt, and did not need him.
, Carson went back to Greenville. Clincbell
came up. Said lie would overtake Carson in
Grccnyillc; then instantly said no, do not
want to see him there to-day; Mr.. Giles is
not there now. Had said once before that
he wished to whip Carson in Giles's pres
cnce or make him acknowledge to lie.
When we reached Staunton Clinebel said he
wished to get some powder and caps that
Carson had pistol, and if there was any
shooting to be done he would do some, too.
Said he would catch Carson in Greenville
and either whip him or make him acknow-
ledge to Il lie
Here point was raised by the Common
wealth whether evidence Of threats should
be admitted which had never been brought
home to the prisoner After argument it was
decided ly the Judge that such evidence
was admissible as tending to corroborate
threats already proved to have been brought
to the knowledge Of the prisoner.
Cross-eNamincd: Don't know what he
meant by the reference to Giles.
Julia Holbut: On tic 9th or 2Sth of last
July 1 heard Cinebell say he had whipped
Carson not more than a year ago, and in