Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-04-20


~. 60
! The following report Of trial IN 8
North Carolina court is condensed from
somewhat lengthy account published
IN local papers: p ir-'s'isft rs
!, In the mountain region of the State q
man named John Foster was recently
tried for assault and battery upon the
person of William Truitt The first wit
ness was one-eyed, rough bearded man.
He was lame. He lost his missing eve
in fight. This was his first appearance
in a courthouse. although he looked to
be some sixty years of age. There seems
to have been an irreverent admixture OF
the sacred and profane in the makeup
of his name, which was jeremiah Buster.
As he stood amid the crowd close OBJ
server might soon have discovered that
the whole scene was new to him. When
the prosecuting attorney called him to
the witness-stand he limped around the
railing of the bar and took his seat on
the stand. He gazed around him with
bewildered air, yet there was that in
his demeanOr which showed that he had
not parted altogether with the self
assertion and independence character
istic of the jewellers in the mountains.
He took in as much of the situation, per-
haps, as q one-eyed man could be reason
ably expected to do on his first appear
ance on the scene.
Prosecuting Attorsey-''What is your
name?'' ~ - rgk
Witness (ejecting a stream of tobacco
juice on the floor-'Jeremiah Buster,
Squire. They ginerally call me Jerry,
for short" ''ii
Prosecuting AttOrney-'.well. Mr..
Buster"
Witness Squire. don't call me
Mr. Buster. eff you please. Pm sildom
called that. and--'' M slR14
The Court-"Mr., Witness r,.,
HItnesS-Now Jedge, jes' call me
Jerry, eff you please. 1 amt used to
bein' called mister, and it sorter sounds
strange like. Jes' call" e 'la
The District Attorney here arose and
said that he felt satisfied the witness did
not mean to commit contempt of court,
but spoke thoughtlessly and from force
of habit. He hoped the Court would not
send witness to jail, at least at that time,
rs he was the only person by whom the
State could prove the offense charged
against the defendant in the Indictment,
and the trial would, therefore, be sus-
pended. The Court replied: IF the
| witness knew no better, it was time he
was learning, and he could not be broken
too soon of a bad habit, if it had obtained
such control over him rs to cause him to
violate all propriety,"
| District 1AttOrney-"sThat is all true
! your Honor, but if the witness is sent to
! Jail now shall be compelled to enter a
nolle prosequi in the case and the trial
must be suspended, rs this. is my only
witness"
After some further difficulty in bring
ing the witnessto the point, the examina-
ton proceeded. .,t le5s ## H
7 District -Att0rnGy-"Jerry, were you
present in August last at JOhnson's tan
the prisoner at the bar, John Foster, and
William Truitt? If SO. tell about it in
your. own way" .....
Witness-.'W well, Squire, one night
thar was a turrible storm passed thro'
our make of the woods and blowed down
big poplar in the corner of the horse
lot and killed my speckled caf-" go.
| District AHOr1aey-''Never mind about
the calf"
WitnesS-''Well, Squire, I'll tell you.
Eff that storm hadn't ter blowed down
the tree on the caf and killed it, Iwouldn'
er skinned the caf, and eff l hadn't Ell
skinned the caf l wouldn't er tuck its
hide to the lanyard, and eff l hadn't Ell
tuck the hide to the lanyard l wouldn't
er bin thar-now would I?''
District Attorney-''Well, I suppose
not. Go on.''
Witness -'And eff L hadn't err bin thar
l couldn't er seed nothin' to tell--now
could l? You see, Squire, you didn't
know what what l was a-coming at
now did yer?"
District Attorney-''Well, 90 on
] TVitaeSS-''Well, arter l skinned the
caf kotch my old mare and carried the
hide over to the lanyard. When got
there seed Jack Foster a-sittin' down
by the rut of tree and Bill Truitt were
/ a-talkin' to him." ,,., Il.
District Ahorney-"Well, what did
Truitt say to defendant Foster?''
WitneSs-''Well, Squire, you see when
rid up on my old mare, seed Bill a.
talkin', but l couldn't hear word he
said, fur war hundred yards off when
fus see 'em."
District Attorneu-Well, didn't YOU
get near enough to hear anything that
was said?'' ..,,.ts ii
\ Wiiness-.'O yes, Squire
District Attorney-"Well, after you
got near enough to hear, what was
said?" -ta Ero
4. WItness-.Well, Bill sed TO Jack thar
(pointing to the defendanD Il want you
to pay me the dollar you owe me-"
District Att0raey--"Well, was that al
that was said?" ig
WtneSS-"O no, Squire, that warm
all"
District Attorney (impatiently)-
"Well, please go on; tell all that was
said.'' sa.a-
Witness-"Well, Squire, it 'peared
like Jack didn't pay the money. and Bill
sed that Jack was not an honest man.
and Jack ris up frum the rut NV the tree
and breshed the dust often the seat wv
his britches.''
b. Distric, Attorney-"What did Jack, a.
you call him, say?'' ae' a-Hi 'tt
Wit1ess-"Never said . der-nevel
said nuthin' at all" }-s7 ~ 10u 2!
District Attoruey-''Well,t tell US abou
the fight between them" ft
Waness-"Thar worn't no fife atweer
'em that seed"
District Attor3aey-s'Do you mean t.
say that there, was no fight between
Fruit and Foster at the lanyard tina
day in your presence?'
# Witness-'1 do for a fac, Squire mar,
fite that seed a. ~ . 31lsf sst1,l
District Atorney--"And have yo,
told all you saw and heard on that oc
casion"