The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1880-10-06
THE STATE AGAINST j. c. MARTIN
Evidence Taken Mt the Preliminary
Examination.

Evidence Taken ut the Preliminary
Examination.
Below We give the testimony taken In the
caseof the State against J.. c. Martin, accused
of being accessory to the murder OF L. 7. Guf-
fin. Mr.. Martin was brought before Trial JUS
tice o. T.. Calhoun on a preliminary eXa1nlha-
ton, when the following evidence was adduc-
cd. Trial Justice Calhoun him TO
Jail. To-day he will be brought before Judge
MCGOWAN on n writ of habeas corpus and his
attorneys Messrs. Gary, Graydon and Masill.
will make Il motion for his discharge on bail,
Solicitor Cothran will he present to represent
the State.
Levi Levy being sworn, said
Was between Knox and NnrwOod's time Of
firing; didn't zee when the firing hnppencd;
Martin called ME; was standing on the corner
Ing took place; he told mo to 90 up stairs and
tell Mr.. McClung to come to me: / went; Nc
Chung said come TO him: Martin said tend t."
what l told you; McClung said ! Will; Mar.
tins buggy was cross ways the street; dont
know who brought the buggy up IN front;
they were playing billiards when / went N
the room: they seemed 10 be friendly; had on
their coats: Martin was not excited "heh III
Cross-examincd: / didn't notice who WINS
near me when they called. l heard a VOICE
say gentleman don't shoot me; MARTIN salu
VIII you attend to what toIu !Gu; M en- StH.
err examination that heard Mr.. Quinn say
LEVI K LEVY.
George Murbach being sworn, said:
clerk in Norwood Bros; on 9th was IN
N0rw0ods store; know Mr.. J.. C. Martin ana
saw him on 9th: did not see him borrow pls.
tot but saw him with ONE; saw him In 'front.'
Of NorwOod's, hand pistol TO McCiung; hearu
he saw Martin give McClung pistol: saw them
talking but heard nothing: saw him put down
weight In Norwood's store came through
back door and went out front door when ne
think he carried weight in his hand; went
out delivered pistol III 5 or III minutes; didn't
lay weight where 1t belonged; heard mem
playing billiards hut herd it9e s mo MHTas' fa nen's
down after firing; heard big noise; didn I
know what 1t sounded like; stove pipe was
knocked down; heard noise after second nrinS
and but one noise; after first fire heard some
ono hollow; stove In corner OF room next
steps, two billiard tables in room; distance
from corner front billiard table to stove about
on: don't know who was there; saw Martin;
McClung and Guffin together that day ana
they seemed to be friendly. -.
Cross-cxaminntiOn: Don't Know wnerc
| Martin came lTO1n WIc1 Io ltlu SiS ~
was outside store by window when Martin
gave McClung pistol; about six or seven 1cet
from parties and before they started TO billiard
room; don't know how soon amd AMER Mrc 5nSS We're We're
facing window when pistol was given !; Guffin
wnsu't there when pistol was given; saw pis-
toll plain; about Quartero or half hour from this
time before heard firing; they seemed friend
iy: Martin had pistol; don't know what peck
ct McClung put 1t In; saw pistol when first
handed over; parties were on side Walk ;
don't know wher Martin picked up weight,
Redirect examination resumed: All the
| parties came through store when Martin
brought weight In store; MI three together;
didn't see Martin quarrel with anybody that
day: don't remember whether Guffn wns IN
front or behind; all three walked together;
don't know II he brought wcightinto store or
"o'' 0''' CIV" '' GEO. MURBAcH.
A. ". Jones being sworn said:
Didn't sec McClung get into buggy after fir
Ing; met McClung and Martin coming down
Ing down he threw open his shirt and said. !
killed him In selfdcfcnso; henrd Martin shy ~
stick 10 You Charlie; Martin caught hold of
ShillIto as If to keep him from catching Nc
Chung; heard Martin say nothing but the
above: was Mt top Of steps; McClung was
ahead Of Martin; went then In billiard room:
Cross examination: Didn't stay In billiard
Tito was ahead OF me; came out immediately;
picked nothing up; thinks Sond!ey next per-
son that went up. a. w. JONES.
Jim Wilson being sworn, said:
On 9th was In front Andy HIPS on side
walk: went to billiard room after second shot
when got In about ~ PAGES OF steps saw Nc
With cue in his hand; Heard McClung tell
Shillito to get out of the way saw him get IN
buggy and tried 10 drive off,; ! caught bride
Of mule: told McClung mad Killed
somebody and We ought not to let him escape
Martin tried TO make me let mule loose: Nc
Chung Jumped out and ! helped to capture
lin. JAS. >.
Sherard Hodges being sworn, said:
Live by colored church in town ; saw Mar
tin md Gufin together last Monday; was back
Of Russe,l's: Guffin came out or Russeli's;
Martin said Perm lone me some money; told
him he wouldn't; Martin then sat down
Gufin ven up and knocked Martins hat on
more and Gufin pulled out q new knife and
opene ed It,; this was dom after Martin drew
his pistol; Martin then cooked his pistol and
put It in his pocket: McClung bantered Guffln
together: about fifteen or twenty minutes az
ter passing through Norwood's store that FIR
Ing occurred they seemed 20 be friendly:
DISCRIMINATION: He and Peter sitting
woods; saw Mr.. GufAn with a new knife
said to Martin, you got your pistol drawn,
have you? How would you like to have this ?
and he drew and opened his new Knife Mar
| lIl S1tiu i "Oukul AIiAS y W. titio ttitA WV"
his pistol ; Martin cooked his pistol and put 1t
in his coat pocket; think Martin came out OF
Chrlstian's; McClung from Eorwood's: Nc
CIung wasn't mad ha near neard M no IHs sn e!rer
fin; don't know when they were fussing
whether they were mad or not.
Redirect examination resumed: Was ut
don't know If they were betting; don't think
Gufln was betting; chickens belonged to Mar.
tin and Shillito, / think Mr.: bee Martin
didn't sec Mr.. Gufln sct md didn't see him
Cross examination: Think l went there be.
fore cocks began fighting. don't think Guffin
was betting, because l didn't hear him ask Tor
"H' "0"'' u tsiHEiARD K HODGES.
J. NJ. Kirby being sworn said:
Was In front OF Post Office when firing oc
cured. Was present when McClung was ar
rested McC!gng said nS6ody touch Si me
and gave up his pistol. Martin was not there
as soon as | was. Martin put his hand on
McClung and said Charlie all I have is yours
and afterwards Charlie m stick to you;
~ 1 J.. M. KIRBY.
J. B. Wilson being sworn said
Heard pistol shots on 9th was sitting be-
meath billiard room on window; Saw Martin
ten minutes before firing; were playing Cuff:
in and McClung, Martin Keeping game. I ut
tend to billiard room did not suspect any
fuss; seemed friendly when l was there. Saw
them together on street; saw no difficulty
between Martin and Gufiln. Saw Martin give
McClung q pistol they were about five steps
from NorwOod's door about q halfhour before
firing saw all three parties come through
NOrwoOds door; heard the weight strike on
counter rs Martin put 1t down; didn't see
Guflln when Martin gave McClung pistol wa
present at chicken fighting; did not know for
certain II parties wcre betting !: think they
were ; Shiltito on one chicken. McClung and
Martin or other. Don't think Guf1n was bet,
ting; nothing occurred unfricndly between
parties there saw Gutfin with new knife soon
after dinner ; heard Guffin ask McClung for
his knife don't know II Martin was present:
about half hour from delivery OF pistol before
shooting; McClung and Martin I don't think
were talking before delivery Of pistol. but was
paying no attention specially. Heard both
shots; after first shot heard 10 noise and
none before first shot. Heard something fall
but don't remember exactly when, might
have been stove, but don't know; heard a
, groan, must have been after second shot
coulden't say what it sOunded like; cant say
what 1t was fell !; cant tell exactly when noise
room: pistol handed over about half hou be
fore shooting, can't say exactly after pistol
handed over McClung put 1t in his pocket
saw Martin pull IL out of his pocket; think
It must have been his right coat pocket that
Martin took 1t from don't remember what
pocket McClung put 1t In didn't see pisto
fall out Martins pocket In stable.
Redirect: Am certain saw Martin give
McClung pistol. J.B. WILSON.
": A: Lsnier being sw So.p said; ,. !,
A. NJ, walked into Russelrs; heard some
one talking outside, went out saw Guffln ant
Martin liking ak ont, said Penn let Il!