The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-15

the SPOT where tney Diackcu tnelr itces, swear
that / -
TO John and made no threats; he confessed OF him
''' TESTIMONY or EDWARD WARD.
was In the house on the night of January 49,
1859 when Reuben King was shot; he was reading
three men standing IN the door; they called to him
TO surrender; he arose and went toward them
when they presented gun TO him; he pushed the
gun down, and II went on, making hole in the
moor: some one ut that time shot me: was In great
pain; | did not know the men; they were dis
guised.
! am physician; have practiced eighteen years
in Robeson was called on Saturday night TO Re,i-
ben King; found him lying on his back: raised his
arm, and attempted to probe the wound, when
blood flowed from his mouth: for some cause the
probe would not enter the wound was under the
right shoulder blade, between the third and fourth
ribs; he died on the March following; he was
PARALYzED DY INJURY III THE SPINE;
II Is my opinion that his death caused by that
wound which caused gangrene of the lung.
). Alter hearing the evidence OF Drs. Dick and
smith, which was corroborative of the foregoing
the Court adjourned until seven O'Clock in the
evening.
SOLEMN SCENE.
II was scene worthy the pencil OF Hogarth-the
diiniy lighted room, the stod faces OF the jury, the
socmn-faced Judge, and the prisoner, whose eyes
were YEARLY closed, and the mother, who never left
his side standing, still standing there outside the
prisoners box, the ladies' whose interest never
scene is indebly impressed on the minds OF many
who witnessed II. Nothing of the kind was ever
known 10 equal IL IN interest here. me prosecution
having rested
THE DEFENCE WAS OPENED
The first witness was Fletcher o'Neil colored),
who testified as follows:-
was called in to iron the prisoners John
Dials) feet in the jail at Lumberton; heard Sheriff
Howard say to John, John, old fellow, we've got
You; now 20 on and tell all about the murder OF
Reuben King" John said ~ know nothing about
the murders" Howell said, you had better tell and
turn States evidence; for we will catch all those
fellows, and then one OF them will tell and you be
hung"
TESTIMONY or DUFF CUMMINGS
tcolOred-) live in Robeson and work in turpentine
about twelve O'Clock on the Saturday of the murder
l Knocked or work and started to Union chapel to
attend church; about ten miles from Lumberton
met Calvin OXcndine and William Capps, boxing
turpentine: asked them to go to church with me;
he said he was behindhand in work and could not
spare the time; talked with him some few moments
and then went on; that was at three O'Clock on
Saturday OF the murder.
TESTIMONY or MARIA WATSON
(colored)-My name Is Maria watson live with
Mr. Peacock, ut Lumbeiton; / cook for him;
day ana saw Calvin 0xendne ut work; talked
with him: he had no one with him, at least saw
no one; could not swear there was no one, but
didn't see them; live in the turpentine, and 1t is
de best way in dis world to live tell ye. Great
aughter)
TESTIMONY or JOHN NASH
tcooreD.-I am TAILOR in Wilmington; have had
John DIAL and Calvin OXendne in my custody for a
long time; it was impossible that they should have
had any conversation; one was up stairs, on the
eastern side, and the other down stairs, on the
western side, confined: the walls are very thick
anu l never dlOWcU IHPiH W Jake cNcTClse III thc
same time in the jail yard; the night the others es
capped through the hole Calvin might have escaped
also had he wished; found him next morning
asleep in his cell and the others gone.
TESTIMONY or SOL NASH
cooredl-I was in the prison at one time in White
vile. in Columbus county. while DIAL and Strick-
land were confined there: heard DiaE say that he
was put up 10 turn states evidence and If he had
known that he would have been kept 50 long he
would not have done II.
TESTIMONY or BUGH J. STRICKLAND.
] am from the Warehouses;: was put there for
about some hogs: knew John DIAL in the Jail at
Whiteville: lie told positively that Calvin Oxen
dine was not with them the night they murdered
King said he was sorry he had lied on calvin: sad
he was persuaded to turn states evidence anu did
not know he would be kept so long.
EVIDENCE TO CHARACTER
The last witness was Captain McLaurn, a re-
spectacle gentleman Of Richmond county-Sqid he
had known Calvin Oxendine all his life; they had
him when Il boy. ana sad mo gentleman in this
house bears better name than Calvin; he has a
character that any man might be proud OF IN ms
county,
Marsden Bethany then and addressed the
Court on behalf of ONendine. He made strong
appeal, and there were few dry eyes when he con-
cudcd. Mr.. Norman then spoke for some time in
reply, then Colonel French, FOR the defence and
then the great Robeson Attorney, Neal Archie
Mclean. Meantime the lights (candles) had been
twice renewed: still they pleaded for the life Of a
fellow man, and through all those long weary
THE MOTHER or oXESDINE
stand-not sit-beside him.
Al one O'CLOCK Ill the HloIlilllU jury TtiHfu.
Still sat the entire Court. One hour slipped away
another-yet another. You might almost hear the
heartbeats OF that entire assemby-so still-so aW-
fully stl and silent Al last, AT ten minutes To
four in the morning. the Jury returned Then all was
suspense. What was the verdict God be thanked,
for that poor, weary mothers sake
mot GUILTY.
Then quietly the crowd dispersed-out into the chl
morning ar-al silent and thankful. ] think there
was not one in that crowd that did not rejoice
A. | write this see OXendine on his way 10 the
boat that is to bear him away.