Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1884-11-06

dn ilUuT alter 1 lell-d FOlley-t SOou luttHy
guns-after the buggy had left with William.
I am married, and my wife attends to the
clock. I think it is usually correct.
Cross examined. / live four hundred
yards from Sylvanus Thornburg's. Colum-
bus GoOre never told me what he was going
to swear in this case. had no private con-
versation with Sylvanus before we left with
Bill. I asked him why he did not go with
us and he gave as reason that ne had
some business to attend to. He did not
state the nature of the business. He said
there was man about Yorkville that he
wanted to see-one man in YOrkville, and
another twelve or fourteen miles below
Yorkville, and the way things were stirred
up, if he left, he wanted to leave right.
went on with the buggy and was present
when Sylvanus was arrested.
Redirect. I was bound over as witness
for the State. The sheriff had asked me
affidavit in the ha6eas corpus proceedings.
The statement l make to-day in regard to
the time is as nearly correct as can state it.
Second cross examination. l did not say
in the sheriff's Office, in the presence. OF
my father, that it was ten minutes after
twelve when we left with William in the
buggy.
VIM. TURNER, saooraa. was at Sylvanus
Thornburg's on the night of the 3rd of Sep
tember. Columbus Goore, Dick Russell,
two or three negroes and Sylvanus were
there. went there at or 8 O'clock and re-
,mained until between - and l. Twas there
when Bill Thornburg and Dick Russell left.
Sylvanus was there. / remained fifteen or
twenty minutes or half hour after Will
liam left. Sylvanus left fifteen or twenty
minutes after twelve o'cl0ck-betWeen II
and |. After William had started, negro
went for Sylvanus' horse and brought the
wrong saddle. Returning for the saddle he
wanted, and some blunder he made in ar
ranging the martingales, delayed his start
ing Before leaving he sat on his horse and
talked to me. He rode off in the direction
of his fathers house. / heard the volley a
few minutes after he left. He did not say
where he was going.
Cross-eraniaed. Sylvanus' fathers house
is not in the nearest direction from the Fin
ley place to Yorkvile. Hestarted, though,
in the direction of Yorkville. l had no
watch. Judged as to the time by the posi-
tion of the moon. do not know at what
time the moon rose that night. I guessed
the hour by the position of the moon.
Second examination in chief. There was
no reason for wanting to know the time
that night. DO not know whether or not
the defendant had stick when he left
Mrs. LAURA RUSSELL, sacor1a. l am T.:
S. Russells wife. live within sight OF
the Finley house. Some negroes live there
now. Sylvanus did live there. My hus-
band went there on the night OF the 3rd OF
September, and returned home between
eleven and twelve; do not know how near
to twelve. He changed his clothes after he
came home left and returned home about
daylight.
Miss ADALINE PATTERSON, SCOfn. 1
live between one and two hundred yards
from Sheriff Glenn's place. remember the
burning of his barn. At the time was not
sound asleep, and was awakened by the
roaring of the flames. went to the back
door and called Miss Bell, who was at Mr..
Parsh's. G. S. Russell was there. | went
up to the barn gate after dressing. When
l returned, it was five or ten minutes ;ss ol
l O'Clock by the watch, according to railroad
time. We can hear the college bell and the
railroad whistle. We live little over
mile from town. The road is sometimes
travelled after night. There was good deal
of passing at that time. A buggy passed up
the road that night; one also passed down,
about or o'clock. l heard some one pass
after had gone to bed. When l saw the
burning barn, it was ali burned down eX-
cept the Notwithstanding and plates: The
entire roof had fallen in. 1t burned some
time after got there.
Gross-eramuaed There was large straw
stack on the left hand end of the barn:
JAKE MONTGOMERY, colored, introduced.
Objected to by the State, on the ground
.that-tho-Mi MitnoSs- -had- aoa-eeauieted before
a trial Justices court of the crime of hog
stealing. The record produced, and once
tion sustained.
once, at the place where the barn was burn
ed-on the 18th of October. The ground
was dry. On the 4th of September the soil
in town was dry The last previous rain
was on the 2lst of August. The first prima-
nv election was on the 25th of August; the
second on the 18th of September. There
was considerable excitement between those
dates. In town the ground was very dry.
There had been a long dry spell previous
to the Dist of August and the roads We're
very dusty. There was heavy rain at
McConnelisville on the 2lst. On the 18th
of October | was at Glenn's barn and saw
several tracks. The tracks were plain.
endeavored to count the number of impress
sions of the heel tacks in the tracks, but
could not count them all. In some instances
Icould count six or eight, but in no Instance
could count all. The soil is sandy-medi-
um soil. made the same experiment with
the same result on the outside OF the gate.
Cross examined. This experiment was
made near the middle of the day, when the
soil would be drier than in the morning,
when damp by dew. A heel with large
tacks would be more apt to make an i'm
preston than one with small tacks. l wit
messed the conduct of the defendant on the
evening the sheriff attempted to arrest him.
Question. Did you see defendant, Sylvan
US Thornburg, on that evening, and how
did he act on that evening?
fQuestion objected to. Objection over
ruled, and exception noted)
I heard a slight noise on the opposite side
of the street from where l was standing
Sylvanus Thornburg was mounted on a
: horse, just in the act of escaping from the
sheriff and Mr.. Darwin. He passed out OF
their reach, both following. saw the sher-
if turn to Darwin and take pistol, moving
on after Thornburg, and when noticed him
again he had drawn pistol. All were
going slowly. heard none of the conver-
sation after they had left Main street,
could not express an opinion as to whether
Thornburg was drunk or sober formed
no opinion by his physical condition,
though was astonished at his conduct.
Redirect. On recent occasion l was at
Adickes' store door, picking at track with
a knife. Sam. Miller called my attention to
the track, saying, "Here is Thornburg's
track" He called the attention of several
persons to the track. looked at it, and saw
that one was the impression of half heel.
This was some time after the arrest. do
not remember the size of the shoe. Thorn
burg was then in Jail.
SAMUEL L. MILLER, sUOn. l live IN
Yorkville and am clerk in the store OF
Withers Adickes. Soon after the arrest
on Saturday, September 6th-I saw some
fresh tracks in front of the store, on the
side. walk. The ground was damp from