The news and herald. (Winnsboro, S.C.) 1877-1900, 1881-09-17


fire just after Isaac came in. Heard
| hollcring three times. told him the
| shots wcrc towards Mack's house.
He said "No, it ain't, is it2" He said
it was over about tho quarter. The
hollcring and shooting were towards
Mack's housc.-X. Turner Hall is my
. husband. [rho witness was closely
examined rs to her evidence at the
coroncr's inquest but she did not vary
her statcmcntas given on the direct
examination.] Heard that my hus-
band and Jesse were suspected Of this
murder.
The evidence for the State here clos
ell, and that for the defence was given
as follows:
Daniel Hall, Jr., recalled: was at
the inquest. There was q good deal
Of feeling and interest shown. Heard
Fannie Halls testimony. l did not
hear her say anything about Isaac's
remark about "sccing all and knowing
alp, or about his saying ifho had fifteen
dollars he would leave, or about his
being in heap of troublc.--X. She
looked mad, and testified only in re-
ply to direct questions. Nobody ask
her if Isaac spoke about money, nor
about his leaving. She seemed re-
luctant to testify.
S. Il. Johnston, recalled: After in
quest issued q wasrant for Turner
Hall and had him before me on the
following Thursday. 1 let him 70
home. He came back Saturday, and
his father brought Fannie Hall. II
was then, for the first time, that she
spoke about what Jesse said about the
fifteen dollars.
N. G. Barber, sworn: I know
Jesse Barber. His character for
pcaccablcncss is tolerablc fair, | be-
lievc.
#. r. Curlec, sworn: 7 let Jesse
Barber have pistol. This 1.-THE one
put in cvidcncc] is the pistol. (Evi-
dcncc as to what tho defendant said
he wanted the pistol for was ruled out;
and defendants counsel cxcepted.)
Jesse Barber, defendant, sworn:
On the Sunday night when Mack was
killed, ! came through John Moblcy's
place. l called at Mack's house. |
said, GLOW do you come on, Uncle
Mack2" "I'm we'll, how do you do? ?"
l said "I want to give you satisfaction
about tho watcmnclons you said |
STOLE" Hc said, eff you don't get
away, Ill fix you SO that
you'll have TO be moved away".
[ wouldn't go to the door, because lie
kept tools about him. l was sitting
down. / had my pistol III my hand.
Ifc said "Damn you, don't you come
in". l got up and pointed the pistol,
and as l rose up, in pulling back tho
hammer it went of. i never wanted
to kill him. I did not have any idea
Of killing him. We lived Oh the same
plantation. left The pistol at Mr..
Gladtlcn's Oh Monday morning. I
told him L wanted him to keep il till [
camc forit The reason l didn't carry
il homo was this: When Mack Perry
hollercd / didn't know lie was shot;
left the pistol because it was not
loaded, and didn't waut to carry it
about with me. | never told q soul
| was going to Mack Pcrry's house
that night. *. at the inquest l said
had lent the pistol to II gentleman on
the Saturday night before. l denied
that shot Mack Perry. | don't re-
collect whether l. said | didn't know
anything about it. said | staid that
night at Nelson Davis house. | de-
MED that I had been on the place
where Mack Perry lived, that night.
When the shooting occurred it was Il
while before the moon went down.
1t was, according to my weak iudg-
mcnt, between ten and eleven O'Clock.
was outside of Mack Perry's house.
was about six steps ftom the door.
Xxx. | wouldn't own the shooting ut
the inquest, because I heard threats
about hanging nc. Mack Perry was
my sicp-fathcr. lie had beaten me
many II time. lie had had difficulties
with my brother.
Isaac Barber, defendant, sworn:
After dark L went out for u while, and
lay do VII, and was doing Off to
sleep. Then tho woman told nc TO
get up and sec about she shooting she
heard. l went to tho door, listened,
and heard nothing. / told her 50, and
then went to bed and to sleep. Next
morning, when watcrcd my mule, I
heard them say Mack Perry was dead.
did not say anything about the IF
teen dollars, or the heap Of trouble, OF
about "sccing all, knowing alp. I
was sick, and said L was in "a heap
Of misery, and Flowed to come to
Winnsboro tho next day. l did not
sec Jesse tho day or night Mack
was killed. L didn't know lie was go
ing to kill him. did not know any
thing about what was going to be
done.
Daniel Hall, Jr., recalled: at the
inquest heard some remarks that the
party who did this killing ought to be
lynchcd. l know Isaac Barber, and
his character is good.
The defence here closed, and tho So
licitor announced that he had no tcsti-
mony in reply. Tho argument was
briefly opened by the Solicitor. Mr..
Mackey then spoke for the defence,
and the Solicitor followed in reply for
the State The judge charged the
jury clearly and fully upon tho law of
the case, and they retired for dclibcra-
ton. After an absence Of fifteen mill
ntcs, the jury returned into court, and
the following verdict was announced: 4:
awe find the defendant Isaac Barber
not guilty, and tho defendant Jesse
Barber guilty. W. G. Beatty, foreman.
On Friday morning the prisoners
were called up for sentence. The mo-
tons in arrest of judgment and for n
now trial in the case Of Jesse Barber