The news and herald. (Winnsboro, S.C.) 1877-1900, 1883-02-15

said, "M6ney, get oRt, Of that wagon,
by God". Andrew was at the mules,
with the lines in his hand. Thomas
and Andrew met at the end of the
wagon. Andrew said lie wanted Thomas
to recollcct he was a man too. lilo was
somewhat larger than Tom, ,Ho was
crippled in lis foot coulln't walk
we'll. Thoro were gullies on each side
Of tho road. Tom told AndIow to let
him loose. Tom said, "If yoh don't
lot mo loose, I'll make you do it". Wo
never got thom parted till .afber tho
fuss. ncver heard any blows. Could
not see the position of tho two--don't
know which one was OH the upper side
Of the Hill. It was not long after. they
were in holts before Andrew &hs cut.
There was jug Of wliiskey in the
wagon, but nobody drank from it.
The defendant and the deceased wcrc
friendly.
N. G. Barber, sworn: Coming up
tho hill, Francis 6ailcd mic, and told
lnc Tom had cut Andy. Andy said
Tom had cut him for nothing. told
Tom to give me his kniie--which lie
did. Tom said ho had cut Andy, to
get loose; Atidy was then carried up
to Nelsoi} Goins's house. He was cut
in the belly, and his entrails were out.
This is tho knife I got from Thomas.
| was present when persons were ask
iiig Andy how the fuss happened.
No crOss-eXalnnatiun.
DR.. II. B. Ianahan, sworn: I Wis
itcd Andrew Boulware OH tic 18th
Decembcr last. found his lntestincs
protruding. L replaced the intes-
tines, and the wound was revealed, ON
the Misunderstanding tho abdominal
wall. 1t was two inches in length,
Flo Nas in q dying condition when |
saw him. ] gave him chlOroform. l
was satisfied he would die. The wound
IN the abdomen caused his death. He
had cut Oh left humcrus- wound,
and cut on ring finger Of left hand;
caused by knife being drawn through
the hand.
x. In general terms, I would say
that ~ if the deceased had received
prompt surgical attention, it would
have been possible for him to recover.
XXX. Under very favorable circum-
stances, it might have been possible
for him TO recover.
Isaac Caldwell, colorcd, sworn: [
knew deceased. Was with him at
midnight after he was cut. lie said,
"I never expect to get up--my brother
cut me too bad". lie said his Brother
cut him unbeknown TO him, and he
would never get over it.
X. Charlie Green was present, also
Lee Caldwell and LOWS Cantcy.
N. G.. Barber, recalled: On the 18th
Dccembcr, deceased said his brother
cut him unbcllnoWn to him, and cut
him for nothing. lie said to let the
law take its course.
nj E,,;, r,,
tho day that Andy died, l. was putting
brick around him. lie says, "Am /
cut very bad?' Then hc said, "I
didn't hit Tom lick. IIo cut ME UNI
bcknown to me-"
K. Wesley Gaines and Charles
Green were present at the timo of this
conversation.
Wesley Gaines, colorcd, sworn: On
the day that Andrew Boulwarc died,
he was talking, and Nelson told him
he thought he would get better.
ron this witnesses evidence, the tes-
imony of Nelson Goings was ruled
out-on the ground that it did not give
q dying dcclaration.
The State here rested.
Thomas BoulWaro, the defendant,
sworn: After we got to the hill, we
got out of tho wagon. Nicely stayed in.
Andy said, 81 want you to get out"
l said, "Honey, get out of the wagom".
l was scotching the wagon going
up the hill. EIe dropped bis
lines and grabbed me in the collar. I
said "Let me go', and then he grabbed
mo with his other hand. 1 caught the
wheel, and then he jcrkcd me away,
and chokod me till l throwed up.
Then he snatched me and jerkcd me.
told him to let me go. My wife
broke rs looosc, and stood between
us. lie said want you to understand
| am man. l walked off, he grabbed
nc, and ran; then Ire stopped mo-
and lodged his lick. I said, "Let
me go-if you don't let me go I'll make
you". Then he knocked me down.
lie was standing ever Inc. When I
crawied off he grabbed me and choked
me. | said, "Let me go". lie struck
me twice on the head, and / hollcrcG,
Oil oh. He had me on my knees
holding me by my neck. He was
standing above me Oh the hill. i said,
|:"Let me loose, or I'll make you do it,"
He said, cpd like to sec you do it".
[ reached up and cut at him twice. I
ran from: tho wagon about fifteen
yards. Ilc was on the upper side or
wv hli' IAHSilC" WIS ~ Hlll
than am. l have only one sound
arm. The left has been broken. He
was taller and stoMter than L am He
was a very stout ma,i.
x. We were in holts twice-onco at
the hind wheel of the wagon, and
again about fifteen yards from it, down
the hill towards Wimsboro--t towards
the creek. [ throWcd up twice, I
found tho wagon whip OH tho names
when went to take the mules out.
When he attacked me the second time
| hollcrcd out loud. fused to wrcst!c,
but do not now. Have wrestlcd since
my arm was broken in 1873. L ami
twenty years old.
Xxx. Andrew walked, aftor he was
cut, up to the mules.
n. g. Barber, called for Defence:
found Androw lying by tho sido of the
wagon, pretty tlose to it, on the left
hand side.
Ncoly BoulWare, colorcd, sworn: 7
am the wife Of Thomas Boulwarc.
Andy told us,'at the branch, to. get
oht. stayed in. TON told me to get
out Andy just came back and collar
cd him. Tom was standing sorter
back of the wagon. Tom told him to
get off. Andy said he wouldn't get Off
I'LL he was rcady-he was man. l
tried to part thcm--hcard blows-got