The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-02-12

cies between that testimony and what ne was
then relating, by saying that he answered al
the questions that were put 10 him by the
coroner.
Witness said that when deceased was shot
he was standing still; prisoner and deceased
were about four feet apart at The hrst snot
deceased moving towards prisoner; cav de.
ceased strike prisoner; cannot cay Wnat part o.
the face; never saw him strike him In the
mouth; did not see prisoner put his hand on
deceased when he first cam, up, nor AT al
that night.
julius Boksam was next called, who testi-
| fed tnat he was barkeeper for John Wul6ern
on the evening of the niuth of last September
the window bar was not outside. and neither
| the bar nor the bolt was taken from the win
dow that night.
Cross examination: Couldn't tell who shut
up that; never did it himself; had occasion to
examine the condition of the pins and bolts
that night; always Put the pin on the INSIDE
of the bolt when lighting the gas IN tne
window about dark; up to that time the Doll
| is generally left loose, 30 that any person
passing by could pull 1t out; have seen de-
ceased and prisoner drinking there very o1ten,
always very friendly.
At this stage OF the proceedings Mr. stro-
hecker, for the State, moved that new jury
be impanelled, OF the ground that one of The
Jurors, VIM Glover, had served on the grand
Jury which brought in true bill against the
prisoner.
The court overruled the motion on the
| ground that this fact was known at the time
the Jury was empanelled, and the objection
came too late.
u. Driscoll was the next witness examin-
ed. and he testified that he saw the prisoner
In the Guardhouse, and heard hun say he had
done the deed, and gloried in 1t. Prisoner
was very much under the influence OF liquor
| at the time.
Cross.examlnation by Mr.. Bnist: O. Were
YOU selected as one of the jury in this case by
the sheriff, a. Yes. Q. What answer did
yo1 make to the Judge when questioned upon
YOUR uoir dire? A. l lold him l had expressed
myself, but that had not formed an opinion.
| O. Did you not come yesterday morning ana
| tell me you wanted to BIT OF that Jury A. l
! did. Mr.. Buist. Tlat is all I want to know;
come down.
The first witness sworn for the defence was
Henry Blank, who teslided that he was twenty
wears OF age and has been living in Charleston
three or four years. On the night Of the 9Th
| September last he was at the gate of the City
Hall Park, between eight and nine O'Clock,
when he heard an alteration and saw Perrin
walk up 10 Wulbern's saloon and try 10 get q
/ tAAS
window and seemed as If trying to get some
Thing from the window, after which deceased
walked towards prisoner; witness then heard
| the ehots fired; witness was on the opposite
side OF the street.
MIR. Smith, the engineer who was employed
by the defence to furnish diagram of the
premises 10 question, was called to the stand
and testified 10 its correctness.
| Henry Washington being duly sworn, testi-
| fed that he was acquainted with the prisoner;
had seen him at the Jail, where he has been ever
since this occurrence, and had notlced the
bruIse on the prisoners mouth, said to have
been Inflicted by deceased.
] 3. Britton, the next witness, said that he
was present at the coroT er's inquest IN pro-
fessional capacity, and testih I'd US to the cor
RICHNESS of the coroner's report of the EVIL
dence given by Wither's, Reid and Yesey, hay
ing compared II with his notes taken on the
occasion for publication; that the testimony
before the coroner was delivered very dell0-
erately, and that there could be nc doubt oil
the completeness of the report.
Counsel for defence now offered 10 evidence
40 much OF the sworn deposition Of yesey,
Reid and Withers before the coroner, as re-
lated to points where they have testified diff
fsrsntly before the present Jury. The court
ruled tDaC III Lu0 ucpUoitlOu W 90 iuttSuuSSu ~
all, 1t must all appear before the Jury.
The prisoner was now called 10 the stand,
and the most profound stiffness prevailed
throughout the courtroom while he testified.
He said that the deceased and himself were
on The very friendliest OF terms, and were 10
the habit OF drinking together frequently; ne
had done acts OF kindness TO deceased In Inc
Way OF pecuniary aid when the latter cou!o
not obtain means; he had been frt quently 10
the habit of accosLlng deceased familiarly and
calling him sold blackguard;" II was man.
ner of jocular accostatlon between themi prls-
oner's place OF business at that time was ln
the rear of the Courthouse; on the evening OF
September 9 he intended going to meeting,
but coming up 10 some iriends ne invited
them into Wnlbern'5 saloon TO partaKe OF
slight beverage with hlm; at that time ne mao
no idea of any collision; when at Wuloerns
doorstep he heard his name called, and he
went towards the step and saw Captain Hen
bricks and Reid; Hendricks said they were just
speakipg about prisoner In relation TO some
dificulty. he then recognized Perrin as
being among The number. and said TO him IN
friendly manner, Hello, blackguard,"
whe1eupon deceased rose and struck him
severe blow in the mouth; prisoner felt hurt
and mortified; Hendricks came 10 prisoner
and took him by the arm, and said some
WorSs which he could not call 10 mind, in
order to pacily him; prisoner went into the
saloon. wishing to wash ont his mouth which
was bleeding and called for drink, and,
after being served, went to the showcase TO
get q piece Of tobacco; he then came out OF
the saloon with the intention OF going down
10 his office, and had no idea o. meeting de-
ceased again; but he did meet him, and, feel
inp hurt at the blow he had received from his
friend, prisoner said 10 deceased, why did
YOU strike me tonight; you know that have
been your friend; you know that l can prove
that / have? 2" Deceased said something TO
prisoner that was abusive, and prisoner said
he might have returned 1t; deceased ran to.
wares Hendricks to get bis cane, which
prisoner observed; prisoner was then stand
icr In Nejor Corbins gateway, and, on seeing
the action of deceased, backed up further
into the corner between the brick wall and
the gate; after deceased failed 10 obtain the
stick. prisoner saw him hurry 10 Wulbern's
window and tried to get out the bolt; prisoner
then called Hendricks attention to the action
I'of deceased, but could not say whether he
heard it or not; deceased kept advancing, and
nrlsoner was under the impression that he
had obtained possession of the bolt, and prls-
oner cried out to him, Perrin, don't advance
on me:n but deceased still continuing to ad-
vance. prisoner fred, which did not stop the
advance of deceased, who threw up his hands,
and prisoner fearing he was armed, and lear.
Ing for his life, fred again; he did not expect
any altercation with deceased; did not put his
hands on deceased; prisoner knew tne posi-
tion of these bolts referred to, and at one
time pulled one of them out himself; thought
deceased had the appearance OF Delng uncer
tho infnpnce ot lionOr that night; prisoner de-