The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-07

The first question then asked the witness
was: when he walked up there was he
alone or in company with others?''
The defense objected to this question, and
the jury having again retired. Judge Cas-
sedy and Mr. McLaurin spoke to the point.
Mr.. Alexander said that the State had
nothing to say. The court adhered to its
ruling that the witness might answer
whether Hamilton was alone or not. The
jury being brought back, tho witness said
that Hamilton was in company with 9TH
ers. Witness also saw Hamilton looking
through the sittng-room door. He was
then accompanied by others. Leaving the
depot, witness passed the Lawrence house,
where he met up with Carson
and Cushman, both summoned as
witnesses in this case, and
the three started to town, and had pro-
ceedcd but short distance when he heard
pistol shot, followed by pause, then
two shots, and then rapid firing. Hurried
on to the bridge, and saw a man lying
there, said to be r. ID. Gambrel. Witness
stopped down during the firing and saw
flashes across the street in northwest
direction. When witness saw Hamilton
he was walking much faster than is his
custom.
rossexamined-Wa born in Simpson
county, but raised in Kinds and Copiah.
Was in Col. Hamilton's employ, and was
discharged for writing letter at the re-
quest OF Jake Alderman, convict, TO get
Ackerman's picture. Witness signed the
letter rs "Acting Sergeant" Witness got
on the rear platform Of the passenger
coach in front Of the sleeper and on the
west side Of IL. IL any one else got on the
platform except Carson and himself, wit
ness did not notice him. Witness was
standing on the western edge Of the plat
form and may have had one foot on
the top step. Knew Gambrell by sight
in the day time. Did not see
him that night. Did not know Luther
Jones then and did not see him get on
the train. Remembers he said in former
examination that he only saw two or three
persons get Off the train, but does not
recollect that he said no other persons
were on the platform. Says now no other
persons got off unless they got of ON the
east side. Witness did not see all the
flashes and cannot tell how many there
were. He just stopped down once and
then hurried on. There was curtain OBJ
structing the view and witness
stopped TO look under ii. Wit
ness signed his name as "Acting
Sergeant" TO the letter written for Acker-
mans picture because the sergeant was
temporarily absent and he was his assist
tant. He never told the sergeant about IL
because il was not the sergeant's business
but witness own private business. Acker-
man wanted the picture and persuaded
witness TO write for IL, but witness did not
intend 10 give him the picture but 10 use
IL TO assist in his recapture in the event OF
his escape. What he had done was found
out by the person written 10, inclosing his
letter to Col. Hamilton, and witness dis
charge followed.
Mr.. Mcl.aurin here moved the court 10
rule out the statement made by the wit
ness that he thought three or four persons
were engaged in the firing, judging from
what he heard. After discussion pro and
con, the court granted the motion and ex-
cluded the witness impressions.
The court then adjourned till tomorrow
morning at o'clock. having consumed
two days in taking testimony and gotten
through with two witnesses. The witness
Drummond vas never examined before In
any Of the proceedings growing out Of the
killing OF Gambrell, but II was not q sur
prise 10 the defense, rs II has been known
for some time that no would testify In the
case at the present trial, though II Is not
known that the nature Of his testimony
was anticipated.
Mn. Hamilton was again called 10 Jack
Son by the sickness OF one Of her children,
and left on the morning train.