The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-28

good will was at once restored. II was one
ofthose unpleasant incidents quite common
in trials OF cases of magnitude. The court
ruled that the witness should not answer
the question. Proceeding in answer TO in
quiries, the witness said:
There was no written resignation. He
just turned over his belt, badge and re.
volver to the marshal. Thinks he heard
all the conversation between Kerr and
Purser. Purser asked Kerr what he
thought OF his testimony. Kerr said that
his testimony was biased; that he could
see as plain Ms he could out there in that
yard that there were only two men fight
ing, and Purser said that he could. Kerr
also said to Purser, Suppose Minis Eu-
bank should be hung on your testimony,
and you should find out afterward that he
was innocent% and Purser said he hadn't
thought about that. Mr.. Odneal then
spoke up and said TO Purser, "Young
man, you ought 10 be careful about giving
in your testimony" Witness described
the positions occupied by Kerr, Purser,
Willis, 0dneal and himself, while the
conversation lasted. Witness took no
part IN the conversation. Judged that
Odneal was friendly TO Col. Hamilton.
Thinks that gentlemen mostly are friendly
to Col. Hamilton. Would suppose that
every person was friendly TO him unless
he had heard to the contrary. Kerr said
to Purser "You think Miss Eubank ought
TO be hung" and Purser said: "Yes,
do" Something was said about Jones
testimony. Puner knew that Kerr had
heard his testimony. Witness never re-
pented the conversation 10 any one. Was
IN and out right often during the trial.
Does not recollect ut what stage OF the
trial Purser testified. Witness did not tell
the conversation because Kerr said he
was going to tell II, and because he did
not want to tell il. Was not summoned
rs a witness on the habeas corpus trial nor
consulted by counsel till yesterday.
Re-cxamincd--Is a colored man (the
witness looks like white mani. Is a car
penter by trade and his family lives in
jackson, rs does witness.
AT q quarter past twelve the court took
recess until . o'clock.
Afternoon Session The jury was brought
in at half past two o'clock.
G. cUMMiSs
has lived in jackson since 1867 Is n
shoemaker and dealer in sewing machines.
Has known defendant going on twenty
one years. Knows his character for peace
or violence. II Is good.
Cross-examined--Saw defendant on the
day OF the killing, but saw no pistols on
him. 10 the defense: Was not looking for
pistols
The next witness upon the stand was
EDWIN KIDD,
n young gentleman who lives ut Brook
Al. II I A L.,
whom the defense proposed TO prove that
in conversation had with witness, at
Oxford about week before the killing,
Gambrcll said "he was going TO make IL
hot for Hamilton, and said hc had taken q
stand and was going 10 stick TO II until he
or Hamilton was out OF the way. He said
he always went prepared, and he abused
Col. Hamilton called him thief and a
scoundrel. The proposed testimony was
read 10 the court after II had been dictated
by the witness, in the absence OF the jury,
and the objection OF the State 10 its intro
duction was sustained by the court, after
argument on both sides The testimony
of the next witness was also submitted 10
the court in the absence OF the Jury,
and pronounced competent, over the
objection " the State, without ar
| gument.
ELLIS YOUNG
lives about two miles from Clinton, in
Kinds county, Miss. Has been living
there since 1872 Knew Roderick Gam
brell well. Had worked for his parents.
Saw him at Clinton near the depot the
night Of tho 9TH OF MAY, between 5 and .
O'Clock. Had n conversation with him in
which Col. Hamilton's name was mem
| toned. Gambnell said he had heap OF
enemies in Jackson; that Hamilton had
beat him out Of $4,000. Witness ex.
pressed surprise that he had that much
money and Gambrell said che beat him
out OF that much in the next paper he was
| going 10 publish" and he said Hamilton
| had stolen $50, 900 from the State and he
was the only man in jackson that had the
| grit In his ciaw 10 publish IL. Gambrell
pulled out n pistol and showed II 10 wit
ness and said he could put an oyster can
on the end OF Il and whlrl Il around three
times and throw the can OF and put a ball
through Il before II hit the ground. Wit
ness asked him about his ina and pa and
he said they were In Louisville, Ky, that
he would have had row with Hamilton
before then but his mother and father
kept him from II, and now that they were
away he expected 10 have II before they
got back.
Cross.examined-G seemed 10 be
In n good humor; talked like healways had
talked. Witness had known Gambrel
three or four years, any way. Gambrcl
had on white linen dustcr. Docs moi
recollect the kind Of hat he had on. Does
not recollect that he had n valisc. liza.
talked TO persons about his testimony
Was not summoned 10 attend the habea'
corpus trial. Had talk with Mr.. San
Ellis about tho matter within the present
month. Did not have talk with Mr.. III
lis about Il last summer, and did not tel
him that he knew nothing about Il.
Counsel for the State asked that this wit
ness be detained till tomorrow, M they dc
sired TO lay the predicate for his impeach
mcnt
The court replied that u detained !
should not be at the expense OF the dc
PENDANT. The State agreed 10 this.
At 5:l5 o'clock the court adjourned Ill
tomorrow morning NJ . o'clock.
Cot. Bean's Estate.