The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-11-10

that question when he had heard the evidence
submitted for the State =
At 2.lo the Court took u recess until $50 p.
When the hearing was renewed after the
recess Major Ernest Gary, who was assisting
the State, read nine afidavits. The following
are the only ones of any Importance:
IA. WHITES AFFIDAVIT.
T. A. White, sworn, says that he was in the
village OH the afternoon Of the lynching of o.
7. Culbreath. That dependent left the viii
lage late in the afternoon, and on his way
Of deponent about 10 or 50 in numDc9.1 These
men had masks over their faces. That when
the party saw deponent approaching or meet
ing they immediately turned the heads of
their horses to the side Of the road and stop
ped. That depOnent was necessarily COM
PEELED to pass very near the party. That a
party in front did not turn as the others did.
Among the foremost of those that did not
turn | recognized Wyatt l.. Holmes and VIM.
Parkman, and about the middle of the column
l recognized Mr.. Ned Bussey. That about
the time majority of the colum halted several
others caught up with the party and imme-
diately dressed in line with the others Among
this number l recognized the horse of Mr..
steve Hammond. That on the morning after
NS W. 80 W. ptIilc
returned to the VILLAGE and when dcponent
reached Antioch Church he noticed u large
number of horse tracks where quito a number
on horseback had assembled. Deponent
road to Edgctield village and they did not
turn out of the road until they arrived at o.
U. Barr's pasture and deponcnt could plainly
sec where they turned out of the public road.
Dcp.onrnt could plainly see where the tracks
Of the horses returned to the public road
leading t" Edgcfcld village, and when they
turned III the direction OF the village and CON
tinued in the road towards the village until
they reached the slope about 100 yards below
the office Of Gary 4 Evans. That deponent
could aus" see where the tracks re.entered the
road ut the slope and continued beyond the
residence of Mr. U. 0. Barr. Beyond this
point they began to turn out of tho road and
the tracks of the horpes to grow less. There
had been q recent rain and the tracks of the
horses were very easily seen. The point
where deponcnt met the party of men wns at
least half a mile towards the village from the
point where the Scull's Ferry road enters in
the road that leads to Edgcfcld village.
That dcponent is satisfied that the body of
men returning to the village came to the
slope just below Gary and Evans office.
ia. WHITE.
NJ. uOoK's AFFIDAVIT.
NJ. J. Hook, sworn. says: That On the even
ing of the 2lst September, 1885, | went with
WIZ ~ uoNu u III pasture 10 Qf1ve up his
cattle, as the neg, oes were afraid to do so "a
they were frightened about the number Of
men they had seen in the pasture. When Mr..
Barr and myself reached q branch IN the pas
turs we came upon three men drinking water
from their hats. Mr.. O. o. Barr spoke to
them. l did not know them. Mr.. Barr had
the following conversation with the three men.
The conversation was had in the hearing of
three men, but the talking was done by Mr..
Barr and a man Mr.: Barr called Holmes.
They asked Mr.. Barr If he did't have any bet
eyes, upto the house," Mr.. Holmes stated
tn Mr.. Barr that this demonstration was In
favor of Hammond. Mr.. Holmes told Mr..
Barr that o.. 7. Culbreath had been arrested.
hr; barr asked II there was any new evidence
and Mr.. Holmes said M, only suspicious that
Towles Culbrcath, did 1t. We had started up
in the woods and Mr.. Holmes advised us not 10
60 up there, and MIR. Barr said if there was
any, danger be would not 20. We then went
back to the house. The man Mr.. Barr called
Holmes wns a short, stout man, with a red
face and grey hair, round shouldered and
stopped some, with u overcoat and hat on.
he was about 81 or 60 years of age. The
other two were rather tall. aud one had a
red m9:taehe and = small goatee. Mr.. Barr
called him George Vance. NJ. J. Hook.
When tho reading of tao afidavi,s had been
concluded Major w. T. Gary said that his
side was so anxious {" get through that they
would not delay the Court bv stopping to
procure counter evidence. He considered.
however that the sftidavits jnst produced by
the State had been answered in advance by
those submitted for his clients.
Senator Butler said that Of his own knowl-
edge CERTAIN statements made in tn. States
afndavits were untrue and could certainly be
controvcrted. 1t was a hardship that while
the either side had four days' notice of the
contents of the alidavits presented by his
side, these afidavits for the State were sub
mltteQ limos Nifhulif unfioa H. IA ..k
think his side had been allowed time
enough.
The Attorncy-Gcneral and Solicitor spoke
up promptly that Senator Buffers side could
have q week, If necessary, to submit answers.
The Senator reported that one would have tn
travel sixty miles to get them, and that that
was impracticabie at present.
Solicitor Bonhnm resented the intimation
that the State had received more grace than
it had given.
Major Ernest Gary said TINT If counsel
wanted time it would be READILY given to them
bnt If they did not want it they ought NOT IN
grumble about hardships.
Senator Butler explained that he did not
intend to cast any reflection on the other
side.
Judge Hudson directed that argumen be
begun.
NEUTRALITY-SUSPICIOUS. ~sHEPPARD's ARGUE
MENr.
Lieutenat Governor Sheppard opened in
support of the application for bail. Ho made
a spirited speech of thirty minutes, which
was chiefly devoted to ali analysis of tue tes-
timonY. =
He maintained that MS 1t was in evidence
thnt Culbreath did not die until 5 O'Clock on.
the morning after he was shot, his statement
soon after the shooting could not be taken as
a dying declaration. It was not sworn to aud
could not stand againt the % afidavits which
accounted for the whereabouts Of the PRISON.
ers at the time of the killing. He showed