Morning journal and courier., 1880-01-03

anything except what you have told the jury | already? A. No, sir, not one word.
 o. Was the lumber purchased then A. Yes, it was bought on Monday, the day before. No, didn't talk about that lumber.
 Q. It was bought, wasn't 1t A. Yes, and sold.
 The DayOf che Homicide.
 o. You say you were there. When Mary came back where were you then? A. guess was in the front room and saw her as she came back into the kitchen. and was glad she had some cool water.
 o. Did you drink some? A. Guess did.
 o. Did you eat dinner at the house? A. Yes.
 Q. Ever eat there before? A. Yes; eat dinner there or any other meal when wanted it. o. Did Stannard work for you 4. Yes. | 8 good deal o. What was your habit of be- ing at the Stannard house? A. Well, was I got in the habit of going there to get things cooked. It was kind of hard to get along alone. One time I stayed there quite spell. o. Now, when you got that drink from Mary what next happened? A. She said, now I have got some water and am going to get dinner and then going to get blackberries for 8 pie. y.
 MT. Waller disclaimed claiming what Mary said.
 Witness-Yes, we took dinner. Had fried pork and eggs. Think it was after 12. I don't know what time it was Right after
 
 | berries. Don't recollect whether she washed the dishes or not. wasn't picking round to | see what she was doing.
 Last Saw Her. l 0. Where did you last see Mary? A. She | was crossing the road. I was in the house. | o. MT. Stevens, was there anything said to Mary as to where the blackberries were? A. When she spoke about blsckberries said l saw lot of lem on the hill. She said: There's where I an going" and she went of. No, did not stop long. went away soon after. guess Stannard left little be- | fore did.
 MT. Jones said he must get where he could hear the witness, and changed to nearer spot. Question had to be repeated by the stenographer.
 The Route Home. 1 Witness. Stannard went out to go to Hills. didn't see him after that. went right south. No, sir; no recollection of seeing Mary then. Where did I go to? I went l home; went directly down to the Hayden meeting house, then out across little and struck into the east and west road, right there l by that old barn. (Mr. Waller adjusted the map so that witness could see it. and Judge Park stood up and with MT. Waller held up the map before the witness. MT. Waller l said: You can't see the concern. Witness l gave a short, dry laugh and the map was | turned a little more. MT. Hayden was very busy taking notes
 | Witness No 1 didn't stop on the way home. I didn't see anybody to stop to talk | with. I saw Miss Scranton's wagon. She's deaf. I mean Miss Ward.
 Q. Oh! you still remember her as Q miss? Why, yes.
 l After Getting Back. Witness-I saw Ed. Stevens and boy at l work in the lot too far off to speak to. When l got home went and looked around and then looked at the clock and it WAS o'clock. The | rest of the day was home at my house. It | rained Yes, sat in old-fashioned chair at | the front door and read the paper a spell. That night! Oh! Yes I stayed at home The time my folks came home I don't know. No; don't recollect that did see anybody go ! by that afternoon.
 o. When did you hear, MT. Stevens, of Mary Stannard's death2 A. Next day, some time in the morning. MT. Harrison spoke word with Mir. Waller.
 They Had . Raising.
 .. On Monday night where were you A. Over at Smiths. They had a raising there. and stayed there. Never got through till breakfast They had dance.
 o. Did you dancer No, (laugh) didn't Most of the night sat up. That was at North Guilford, about four or five miles from the Stannard house. walked back to the Stannard house. I first went to my own house. I can't recollect whether ate break fast that morning. I took it home if did. [This ended the direct.
 CrOss-Examinedsby MT. Jones.
 Gn great stiffness the next thing was await ed. There was pause of minute or two. after she crossed that road ? A. After she went berryingp No, sir. First saw the body Wednesday morning. I don't know as saw the wound on the top of the head. guess I did Wednesday afternoon. Yes sir; I went to the room where the corpse was. l Q. Did you see the wound on the neck A. Not much of it. There was nobody to pull down the cloth. There wasn't anybody there to haul 1t down. Yes, Susan Hawley was there and Charles Hawley. | Q. Did you ask to see the body? A. We'll, no, sir.
 o. When d1d you first see the wound in the head? A. I don't know who talked with first. I guess I talked with Charles Stannard.
 o. Did you have a talk with Susan Haw- ley alone2 A. Don't know as did.
 Q. Did you go into the pantry with Susan alone and ask her to step in? A. No, sir. Susan was in the kitchen. Yes, well they would show it to me (the corpse) but didn't ask lem. Charles was there, but I didn't know as he would want to. No, I don't; don't remember of sitting down at all. No, l wasn't in the pantry. No, don't recollect when first saw the wounds. think Charles and looked at the body.
 The ImpIement-HadY YOu Black Oak l Club?
 o. Have you any knowledge of the i'm l plement which caused that wound? A. Mo- sir.
 Q. Have you ever professed to have? A. | No, sir.
 Q. Have you ever had in your possession 8 black oak stick, 8 foot or foot and half in length, with which you said that wound was made? A. No, sir.
 0. Have you ever had or seen a club with which you thought that wound was made? 1 A. No, sir.
 Q. Have you ever had in your possession, since Sept Sd, 1s78 club with blood or hair upon it Z? A. No, sir. l MT. Waller disclaimed laughing. MT. Jones said he would find it was no laughing matter before he got through. o. Have you ever had any conversation since Sept. Sd as to certain black oak stick? 1 A Little Excitement. 0. Do you know Geo. Atwen of Durham, and John Talmadge? A. Yes, sir. | Q. Whats Atwelrs business? A. A far mer. Mary's death? A. Yes, believe they were down to the funeral It was Thursday, wasn't | it? MT. Jones Since you ask me, I say yes.) Yes, had word of conversation with 1 lem. They came to me and asked me about the murder. I said can't talk with you; going to expose myself. Wait moment wait 8 moment MT. Jones said as witness was going on. Q. Why did you say that :? A. Why, Lnero were peOpie coming ana going all the l time. I couldn't talk with everybody. Folks came up and said Ben, how's this? couldn't talk to every man that came along Thought l there might be some afterclap about it and might have to go on the stand. 0. Were you afraid of eliminating your l self? A. No, sir. o. We'll, why did you decline to talk A. Well, suppose told one man one story and | another man another story, and another an- other, and they didn't agree, and should have to go and testify. MT. Jones-I should say it was evidence of guilt myself. (Mr. Waller-Oh, now, Mir. Jones) MT. J.-H an honest man, why fearful of exposing yourself? A. I didn't say so, sir o. Didn't you just say to this jury within l ten minutes the reason that you didn't talk was because you didn't want to expose your 1 self MT. Waller-That's just one-fifteenth of his answer.l A. If I did say SO I didn't mean so had on my old clothes, my old | rig. O. Had your rig or your clothes anything to do with it? A. No sir O. What were