The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-01-17

! Ter CODY S:tlu so, Il portion agreed ana Il
portion did WIS present when All"il
; Baker rndc up. Peter Cozl,y said 'Stmnl
your ground, boys" Witness hallonYd,
"don't Shoot" and rs witness said so Pc
ter fired first SHOT, then ; or 1 next him
fired, anal after firing all broke and rlg.
VIE. tu.hv told witness they had Rhodes
! in calahuOSe. and Thought they were going
to Kill him. Witness said he Thought not,
aid Gamrd who were going to meet hi!l
that night TO take him out witness said
he would 60 and see who q him to Kill
Him or do anything with him.
Cross-cX'mcd.--Ljd not cunScnt!o break
into calalmosr, but IA willing to help
that n"l"dy silnuid l.ill Kim crowd did
not 90 nearer that .ihc church: Henry
and ~t;illrnrt Barton objected 10 take hin:
ont Of the callinoSr, hut. rs il WAS not put
lo vote no effort WIS mmlc to talk" him
out Iu:It remember any others Object
iny, aud did not take him out Stalh there;
went 10 sec thai Osborne was not injured
IL any way, because he was fearful ilIat
G~vi0lcnco riglt ii Iorc TO Rhodes, AMI II
nobody had passed 40 VIOLENCE would
have been done. Saw Allen amt Baker
coming III IN arantcr; when Peter COzbI'
lal!uocd Lalt. Osborne ran nHt To the
right: Allen shot iirSt-ho was ahead.
i;al:l G. shot too. both lclhrc the vnllry.
Peter Colby said 'stand your @round.'
They Lad fired before that; witness did
rot shoot: YVES behind trco OF left hand
side, same side as o.llCj'S, AID ONE person
running along between chem Salu mere
comes tue crowd nov with Rhodes; they
fetched a h< aud tired towards crowd, If
those mcn hal not come with O>iJnrGethc
crowd would net lave taken him OF OF
A., .t1, A fI,,. Ii,iru oil r.i. of
Immediately, and witness did not kJloH
they had killed ANY ono.
Direct examination ACCOMPLISHMENTS
Peter Cnzby meant il crOH1 would agree
they would take him ont, were WHitiug for
things to get quiet. Jrnk Whitncr WIS
liiul0.Emt; Peter, captain.
HENRY EURTON, accoEnGcc [ohiect-
cd toll. [ WAS 1T Lowrdcsvillc The night
Allen was Killed, was in the party, and
WIS there when Allen and Baker rode up.
Ote of tho rarty fired first; Allen and
Baker did not fire. VIA CoZby said he
meant to have Osborne Rhodes OF of cal
al.ooso or. tear tuSn up that night. was
IL Hin road when Allen and Baker came
up liz q cantcr. Rhodes between them.
wm. COZby said halt, and fired, alld rs the
horses wheeled OSlornc ran into cr0Wd.
After william fired s or I shots fired be-
hind him. After fire I~!utson Cozhy ran
down ro;.l and said lie had rlni eyer dead
man, shot after he ran just before he got
to the body Of Allcq, but didn't know il
was.
A.. y. rHsTC4IiRD. Lives in Downdcsvillc;
got to place where Alien was killed not quite
live minutes after killed; just u O'Clock Mon
-. night, 18th December, 1876; lying on face,
dead, '~t'rains running out on ground; moon
shining; s!,w him some little distance before
got to him; Mr.. MoSCly touched him and said
lie was dean; went for ur. licckham; SUM-
nonrd jury between | and 2o,ciocli before
bO,Iy was moucd Ir. Spcor made cXainina-
tioli; found pistol gu body. in the case, on left
hip; took IL or ut time Nf examination: all
c!lninrrrr loaded; body had not been rcmov-
cd; witness and DIR. MnSelry took 1t or
Thought it had been taccn oil, but on search
ing found II on body: in 1.owndcSVille all
day Monday: there when l;hndcS was arrest
"a and saw him following Dr. Spcrr APP street
in Il very excited manner heard l:!m say
nothing ill brought before DR.. Rcckham for
trial; only knows from his w statements
where he came roln-Tcliafcrro coltnty, Ga.
turbulent, dangerous character; lived ut DIR.
Sprpr'S from March; difficulty had originated
about settlement; confessions were made by
some parties; was on jury OF inquest; John
Allen, Whitrman Allen, and lIut$Un CoZhy
inld witness told witness tlicy were there
liutSCn Cn%by also said after they Shot they
rih down the road and ran over Alien, and
said Kill the damn rascal heard confessions
made 10 Young; mado no parry t" confess:
| tstlttl 'Nti sNNll'J Ii''iIltS, ,llV NV WV ~
there, only disagreement was as to whether
lul.I tbs Princes were there; S,l:nG said El
viii and some said Edward: helped to put
Rhodes in calabnose ut 3 O'Clock had been
kept In store To keep him warm; WAS present
when Allen and l::tkrr took HIM out; knew
what they were going to do; was In lr. Nose.
| iCy'S store when he went to SUPPER; asked
UShlrn If nc would get across the river il he
would never come back said yes, and prom
Fed ifany body went on his bond he would
go to Georgia and not come back asked wit
ness Is he would go on bond wlinGSS said hc
had no property; the i'll tcIll"r WAS tn take
him 10 Georgia and turn him loose; soon as
he went to calabOoSc he commenced to huiloo;
witness spoke tOhiIn and he said Pritcl-
he halloocd for: Said he was afraid some
body was takin" him out to kill him After
he got quiet, told him they would take him
to Georgia and let bln go. Said he would do
ness said he COULD not go, but caid lo would
send two gentlemen with him, and would
be responsible for his safety. Asked witness
if he would be responsible for his safety. Wit
pleased said he was willing 10 go; wls hot
lien: said he would rather not be tied and
taid he would 20; did not draw pistol ; no pls-
tol drawn; did moi know OF people lying In
Whitcman Allen was In store, and ns they
took him. TO cal"l'"oSG passed Whitman
offered to furnish him II horse; said he pre-
Icrrcd TO walk coniided him to the young
men cNhctcd pledge from them TO carry him
safely only desire was to get him out Vi
country and togo peaccably.
At the Close Of the Testimony
The Court said Will the Senior
Counsel for the defence state what
course he and his associates will pur-
sue? Some agreement rs to the
speeches should be determined upon.
General MCGOWAN - In considcra-
ton of the gravity Of the case, l am
sure the Court will extend every in
diligence for the defence. All the
Counsel desire to be heard.
The Court-In no capital case has
the Court ever sought to abridge the
defence of the prisoner. The Coun-
sci for the defence may consider them-
selves restricted in no sense or partic-
ular. How many of you desire to
speak on their behalf?
General McGowan-All. There are
four of us, your Honor.
The Court-Mr. Solicitor, how many
desire to address the jury in behalf Of
the Stale?
The Solicitor-Nonc but myself.
The Court-HaVe you no assistance ?
The Solicitor-No, your Honor ;
None.
The Court-All the Counsel for the
defence will heard first.
General McGowan then announced
that Mr.. Perrin would lead Off for The
| defence. This was Mr.. Ierrin'y first
speech.
Lewis w. Perrin, Esq,
;opened the argument in the de-
Tense of tho prisoners. He took n
short review in a plain and fnrcibie
manner, of the general importance of
the case, and referred to tho interest
and feeling which had pcrvndcd the
community in regard to it., from the
| beginning, and alluded in the most
complimentary terms to the COM
ncndablc conduct of the community
of L~owndcsville in drfcrring to the
action of the Courts, q matter OF such
vital interests, thus demonstrating
the fact that our people are
A LAW-ABIDING PEOPLE,
who are, under the most exciting Cir
cumstamccs, willing to submit their
grievances to the adjudication of the
Courts. The law assures to all of its
citizens an impartial trial without dis
tinction of persons, and justiiics q
conviction only when the guilt Of the
offending partL Is proved beyond Il
reasonable doubt. The ngis Of the
law is thrown around every citizen
luntil this is done. Under the circum-