The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1888-04-12

front, and Eubanks was sitting on the
opposite seat, about midway in the
carriage. The horse that was in the
carriage was big, strong horse, but
not fast horse. Defendant then put
on the pistols and belt again, and, at
the request of Mr.. Alexander, resumed
his seat.
Witness heard some ono cry after
the third or fourth shot. He does
not know whether it was Eubanks or
| Gambrell.
The State proposing to use the
testimony of defendant given on the
hahcas corpus trial of l.. NJ. Eubanks
and Others as witness for the State,
the defense objected and the court
sustained the objection.
Mr.. Alexander then said the cross
examination of this witness, under the
ruling, was farce and he did not
care to ask him any further questions.
! Mr.. HuddlcstOn then asked Ham
ilton two or three questions about
Eubanks, developing the fact that
Eubanks had been in his employ, but
was not now, and that he had been in
/ Brandon from time to time during the
trial.
After the cross examination had
been completed, Mr.. McLaurin told
the defendant to make any eNplaua-
ton to the jury that he desired.
The defendant, leaving the stand,
said he would be glad to answer any
/ questions from any member of the
jury. No questions were asked. He
then said to the jury that from the To-
cation of the holes in the clothing and
/ the wound in his stomach, there can
be no doubt about the manner i'll
which he was shot: that he had made
| the same statement as to that on the
bridge, on the habeas corpus trial and
before the jury to day.
The State here claimed the right to
cross examine the defendant as to all
matters told by him on the habeas
corpus trial, on the ground that his
reference to his testimony on that
trial had opened the door which be
fore that time was closed. The de
Tense objected, and while admitting
| that the defendants statement was
incompetent, insisted that it was not
COMPETENT to discredt it by other in
competent testimony. The remedy
was to instruct the jury to disregard
| it. There was spirited argument on
both sides of the question, the jury
| having been withdrawn, and the
Judge finally decided to instruct the
jury to disregard that part of the
testimony.
| Hamilton was very guarded while
giving his testimony, and it is differ
ent and less full in some important
particulars from that on the habeas
corpus trial, hence the great anxiety
of the States attorneys to crOss-quCs
ton him on these points. He assum-
ed all the airs of injured innocence,
and spoke so low that he had to be
requested several times to raise his
voice. Sugar would not have melted
in his mouth. The Little Minis
(Eubanks) so tendcrly referred to is
a stout young man with beard, about
the age and size of the murdered Rod
erick Gambrell
Mrs. Hamilton was the last witness
placed on the stand by the defense.
She testified that she was at home the
night of the killing and knew nothing
of it until come for by Minis Eubanks
and told that her husband was shot.
She then got into the red wagon and
went to her husband ut Stewards
drug store.
The defense having closed, the
State began its rebuttal testimony.
The witness Ellis Young, colorcd, who
testified that he met Gambrell on the
way from Central Female Institute to
the depot at Clinton just before train
time on the night he was killed, and
that he expressed his intention of
having difficulty with Hamilton. has
been completely demolished. Drs.
Webb and Hillman, Judge CabaniSs,
Prof. Coleman and Rev. Sam Ellis
testified that they had known him for
IL number of years; that his reputa-
tiou was very bad, and that they
would not believe him on oath. Mr..
Ellis said Ellis Young told him dur
ing the habeas corpus trial that he
didn't know anything about the case
and thanked God for it. DR.. Hill
man testified that Gambrell left his
library at the Institute about or
little past 8 o'clock the night he was
killed. Lewis Jones, colored wit
ness, saw him come out of DR.. Hill
mans gate and watched him within
200 yards of the depot as Gambrcll
walked down the railroad track. The
last time he noticed Gambrell he
could see beyond the depot and no
body else was in sight. According to
the testimony of VIM. Turner and
Perry Redding, two other colored
witnesses, Gambrell was under the
eye of one or the other from where
last seen by Lewis Jones until he
reached the depot 20 or % minutes
before train time. Ellis Young was
not seen in town by any of these wit
nesses that night. To cap all, Mrs.
Gambrell, the mother Of ROderick,
testified that Ellis Young was at her
house in jackson a few days after her
son was buried to collect some money |
he claimed was due him for helping to |
dig the grave, and told her he did not |
see Rodcrick the last time he was in
Clinton.
The complete sweeping away of
this witness has confirmed the belief, |
already generally prevalent, that the
defendant is relying on perjured testi-
mony to save his neck, and gives
fair idea of the evil forces with which
outraged justice has to contend.
Witness King was recalled and tes-
tilted that Carson tried to get him to
1, L.