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


Murder of Mack Pcrry--Tho Evidedce OH
=. Both Sides--Ono Defendant Acquitted and
tho Othor Convicted.
At tho opening of Court Oh Thurs
day morning, tho case Of the State VS..
Jesse Barber, as principal, and Isaac
Barber, as accessory, charged with the
: murder of Mack Perry, was called.
Mr.. A. M. Mackey appeared for the
defence. After twelve challenges by
the defendants and two by the State,
tho following jury was cmpanelcd: j.
Wash. Robertson, Richard Boulwarc
(colorcd), A. M. Wallace, j. G. Ford,
. Jas. d. Aiken, d. G.. Ruff, Jno. A. f.
Coleman, VIM. II. Jones: U. G. Dos
portcs, Isaac Means (colorcD, w. c.
Beatty, John G. Willingham.
Tho jury being charged in the usual
form. the evidence for the State was
given, as follows:
Nose Boulwarc, sworn: I know
Jesse Barber. Knew Mack Perry. At
tho time Of his death, I was asleep,
. and was awoke by the report OF pistol.
The next morning saw his dead
body, in his housc-hcad next to fire
placo, feet next to the door. Tic was
shot III the left sido. [ heard pistol
.shot:Awoke me from my first nap.
Shot came from direction Of Mack
Perry s<house. 1t was OH Sunday
night heard shooting, and on Mon
day saw ,,body.--X. l went to bed
pretty so0n-but don't know the hour.
L don't. know whether. moon was up or
1lQt-dQlft know what o'clock it was.
=. .;Dl. NV! Aiken, sworn: On the
list Of August l examined tho dead
= body. of Mack. Perry, between and s
p: m. It had been dead about IS or
20 hours. L found q pistol ball be-
tween tho second and third ribs. The
man must have been lying OH his back
when shot. This wound Caused death
x. think tho ball struck rib near
spine. The body was lying on a mat
trcss on the foor--flat on the back
feet in the door, arms folded on tho
breast. The body had been prepared
:, for BURIAL Xxx. The rib was higher
: up than tho point of entrance. l think
tho BALL went upwards and obliqucly
backwards.
John M. Smith, sworn: + know
jesse Barber. saw him at my house
on 31st July. My, house is about five
miles from place where Jesse Barber
lived. Hc was at my house nearly all
day. He got two gun-caps from me.
This was o'clock in tho evening.
x saw Jesse next morning abo1t
sunrise. Hc was at Nelson Davis
door, Onmy place. Nelson is Jcssc's
brother-in- law.
Nelson Davis, sworn: know Jesse
Barber. / remember time when they
said Mack Perry was killed. [ saw
Jesse that Sunday evening. ITc was
ut my house. lie asked mo if any
path went TO Powcl's new-ground
lie went off, and came back at one
:! !>o'clock that night. Ncw-ground and
,Jcter's'arc III same direction from my
house. jesse left my house after sun.
down. 1le had his pistol when nc
p. left did not sec Isaac Barber thai
. afternoon.--X. That Sunday had
been up to my unclo's, jerry Mobley
Jesse camc to my house Sunday morn
:. ingi before day--between midnight
,:amd day, This was the first timo he
was ut my house. was asleep whcl
he first came. He came with ~!
sister, Lizzie Davis. ! went to Jerry
Moblcy's one hour after sunrise OF
Sunday morning. / went to see Jerry
Mobley about Lizzc Davis. This wa:
not ut Jesse Barbcr's request. Lizzie
had bcc,f working at MIR. Robt. C1lw
f,rd's. She had not run away from
there. She had boon working will
Eden Mccullough, her rbrothcr-in-law
but had run away from him. wen
to sec where Lizzie had came from.
didn't like her being with jesse Bar
her. Il got back home at snndown ol
Sunday. / said, in Jesse Barber
presence, that | had been to see Jcrr!
Moblcy. Jesse Barber left my hous'
about suntlown. thcn went to bed
so did Lizzie Davis. went to slccl
about 10 or 1 O'Clock. Jesse did no
come in the house when was asleep
J have never told anybody that he did
ltc came abont one o'clock, and slayct
tho balance Of the nh fght. Jesse brough
his pistol when he ca,nc.
Lizzie Davis, sworn: ] remcmDC
tho Sunday Mack Perry was killed.
saW<UtseC Barber at my brother