Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1885-06-06

says again, tell you to stop tearing
down my fence. Mr.. Byrd says you see
what am doing. That was about the
last word he spoke till he was shot. Mr.
Taylor shot HIM and he staggered of
about 5 strides and fell, following out
Oh, Lord! jim he has killed me. lsaw
hewas going to get up ran to help him,
and then lie staggered across road about
eight steps and fell again. l followed
for rest of fellows to come help him IN
cart, and thoy came and put him in cart,
and Wash Trader started TO drive him
home and was there When I got there
Wash Trader, jim Smith and George
Kelly were there and helped me to take
him ont of cart. When | got i'll
cart he told me to take up his dead arm.
We carried him and put him III bed in
his own house, where he lived
Q. >: When did you first sec Taylor
Ans. When first SAW him lie WAS com
ing towards his own home from direction
where lie shot Byrd-about 100 yards
from place Of shooting
Q.3 What didMr. Taylor do when
dssn first SAW him? Ans. He looked at
us, turned around and went back
OF Did lie have any gun at that
s$&e? Ans. No
H5 Did you see any gun during all
that time? Ans. No; not until he
picked it up to shoot
Q.6 Did Mr.. Byrd have any arms?
Ans. No; if he did, did not see them
was looking at him all the while
O. Did Mr. Byrd make any threats
to kill Mr. Taylor? AIS. Not that heard
Q.S What did Mr. Taylor say after he
shot Byrd? Ans. He said l told you l
WAS going to do it, now let me alone
o. What time did You meet Mr.
Byrd? Ans. / don't know, he came
over to my house for me, and said he
wanted me to help haul the wood
Q. 10 Were you with Mr.. Byrd from
that time till he was shot. Ans. Yes
Oil Did you go right over to Mr.
Byrll's then? Ans. Yes; and went in
pound and yokcd up steers, he had horse
and cart
OH Did you stop anywhere after
you started? Ans Only at his gate till
he got oplace
@. Is How far from your home to
Mr. Byrd's? Ans Three hundred yards
to best Of my knowledge
O. IA How far from Byrd's to place
where he was shot? Ans Onc-quarter
mile guess
OILS During all the time you were
with Byrd, did lie make any threat? Ans
No; Taylor's name was not mentioned
that day until he saw him down the road
He said ,doggoned ifhe hasn't gone there
and stalxed and capped that fence. Yes;
l sail, l SAW it yesterday
@. l6 Who struck first lick? Ans
TAYLOR; with large stick, hickory, l
think
@. II Did Mr. Byrd hit Mr. Taylor
when he struck at him? Ans No sir;
didn't touch him
Q. Is Did Mr.. Byrd attempt to strike
agaia? Ans No, SIT
@. 10 What did Mr.. Byrd do with
log he had? Ans He struck over fence
at Mr.. Taylor. drew it back and threw
into ditch.
@. 20 Did MI. Byrd make any effort
to get over fence2 Ans No, sir, he
was pulling it down
@. 81 Did Mr.. Byrd make any other
effort to strike Taylor? Ans No.
@. % How long was it before you
knew Mr.. Taylor had gun? Ans When
Byrd struck at him with fence log Mr..
Taylor was making for his gun, down
fence row. l did not sec gun until Tay-
lor picked it up and came where Byrd
was standing.
@. 90 What did Mr.. Taylor say to
him then? I tell you if you lay down
my fence II shoot you, he told him so
two or three times and had gun already
cooked.
Q24 Did Mr.. Byrd pull off his coat
to go to work2 lie pulled it off, throw
ed into cart and never said anything,
only he was going tollaul his wood. He
walked up to fence with both hands
down; raised up his hands and Mr..
Taylor struck him before he touched
the fence.
G 2e Did Mr.. Byrd strike? Ans No
sir.
(Questions of Counsel for Defendant)
OIL MI. Hurley, what land was this
wood on? Ans Don't know; Mr.. Hem
ry Davis rented ard occupied land on
which wood was.
o. Who occupied land on which
fence was? Ans Henry Davis, Ireck-
on.
O.. Who does Mr. Taylorrent from'
Ans 1 DOM know
GA You say fence was capped, did
he get cap off? Ans When struck he
threw cap off
@. 5 Did MI Taylor hit Mr. ByrdP
Ans Yes
@. 6 Did he make any scar? Ans
Not as I see
Q. 7 Did Mr. Byrd have axe? Ans No
@ S Did you interfere? Ans No sir;
before left. said would have nothing to
1 80. Sc l,,,e;,,occ