The news and herald. (Winnsboro, S.C.) 1877-1900, 1883-02-17


Never knew, either George or Ben
onySody to sMsdy ial'qly,i p soalf', l, or TO hurt
Redirect: Never heard them threat
en- anybody with guns, but have seen
Ben draw one.
Rccross: 1 saw Bon draw n guu
onco. Iio and 4 negro fell out, in his
own yard. Tho negro ran to my house,
and Bon was stopped. Tho negro had
insulted him about some work. ,
Henry Smith, sworn:' The Brigmans
had tho name Of being rather over
bearing and fussy men.
No croSs-eXaminntion.
Mrs. Martha l.. Sykes, sworn: I am
the dcfhntlanps wife. was present at
the difficulty resulting IN the death of
Ben Brigham. Tho doctor went to
the field. Augustine had the mule.
Flo callod George Brigmnn. Bon said
tho Doctor shouldn't, take tho mule.
He said the male was his. said,
"Let the Doctor take the mule, and
then decide the matter by law" DR..
Sykes said TO Ben Brigham that ho
wanted no diificulty--on!y wanted his
mule. Then BEN pointed his gun at
my. son, and then pointed it at DR..
Sykes. DR.. Sykes was in Il .squatting
position, with his gun across his lap,
when Ben came up. | went to Dir.
Sykes rs Ben camo up. Dr. S. told
Ben that he had no difD"ulty or quarrel
with him. Both guns went 0H about
the Same time. 1 held Dr.: Sykes, but
Jimmie hollercd thai Ben Brigham
was going to fire on DR.. Sykes, and
turned tho Doctor loose. am certain
both fred.--as certain about ono rs
about the other. had my hands ion
the Doctors, and when Jimmie hol-
Tered that he C3en Brigmq,D was 60
ing, to shoot; | turned the Doctor loose.
Cross-eXMnineQ: ! saw Ron Brig
man at tho time Of tho firing. / had
turned towards Brigman. CPaper
handed to witness. That paper was
signed by me before Justice Hogan, ut
some preliminary cXaninatiOn. | said
or preliminary examination both guns
went off about the same tianc, and that
DIR. Sykes pushed me aside and shot
oyer my shoulder. | was sworn at
the examination. I was ovcE to my
aunt's and tho road passes near the
field. The Doctor said he swould 30
over and take the mule. We'wcre in
a buggy, and got out right in the road
about rs far from tho field as from
here to the door. / got out Of tho
buggy because there was nobody to
hold the horse. | went with my hus-
band, fearing he would have difficult
ty with the Brigmans.
Redirect: We were going home from
my aunt's--by the regular road. On tho
preliminary examination j did not say
Brigman Shot first and Doctor after
wards. J. said both guns went or
about the same time. From first to
last have said they both fired about
simultaneously. ....
James Sykes, sworn: L was present
at the shooting. Father came TO gct
the mule. Augustine called George
Brigham. George came, and told
Father not to take the mulo. George
called Ben Brigman and told lin to
bring the gun. George said, "Thcro
arc more guns than yours". Ben came
OH down with the gun. IIc first lev
cllcd it on me, then on my father; l
called to Father that he was going to
shoot him. Father moved Mother one
side and shot. Both guns went of
abou1 the same time. L was looking
ut Ben Brigham. ain certain that
Nathpr Tired --ccrtain both fred. | saw
Ben Brigman fire. Father'was talking
to Ben Brigham n little. before the
firing. He tCld Ben he nnd George
could settle the matter. Ills CONVERSE
ton with Bon was entirely friendly.
Cross-.examincd: | was examined
before the coroner. [ said the same
thing rs | have said here. :, said
Father dodgcd the shot and tlion fired
he jumped to one side. / saw Brig
man fire, then saw Father Jump to ono
side. lie fired as he jumped. Father
stepped to ono sidc--he didn't jump.
lie stepped just as L called to him that
Dciglnan was going TO shoot.
Redirect: By Jumping, J. mean he
stepped to one side. ..,.
The Defendant, sworn: Never had a
difficulty with Bon Brigham. We had
no business difficulty nor any cross
words. Thern had hcrn u pcaccable,
quiet settlement between us. ICON
tract as to mules put in evidence.
Ben Brigman has never paid up what
ho owed on the contract. .[The con-
tract WAS thnt tho mule: ware to be
Bri@lnan's property on his compliance
with its conditions.l | had brought
all action before Trial Justice Hogan
to recover the mules. The action was
never tricd-tlcro. was a Judgment by
default. 1 sued him tor tic two mules.
The trial justice decided for me, by
default. 1t was in that proceeding
that w. w. Smith took the mule. On
Sunday before the shooting | was in
formed that BrigmaA had taken the
mule. l went to Hogan, but he was
not at Doko. On the day Of the shoot.
ing | went TO sec Hogan. My wife
and [ had been to her annt's. l found
the mule in the field. had the shot
gun- had it most Of the time for ten or
twelve nc" n the yeaG.--to hunt
birds. : sr''i'g the gun was not
unusut. .o., it anything TO do
with b.. III q he mule. I told
Augustine ;, my mule. qIo called
to George Brigham, who camc and
said if took Tic ullIlc he would suo
me. [ said WAS. willing for him 10
do that. Ny wife said, "You have no
right TO The mulc". George said,
"Iou ain't the only man that's got a
gum, and called to Ills brother, "Bon,
come OH with that gun"., / saw. Ben
running in trot, With both barrels OF
the gun cooked. He told George not
to give up the mule till hc got there.
lie como up to about fifteen yards
from me and took a stond,., with hio
gun presented ut my son. My wIie
became alarmed, put her hand on my
shnul1nr hnrrnl mo pnf IN houo o,,u