The Russellville Democrat., 1889-04-18

his horse fixing his saddle and as soon
as he saw me lie broke for his Office In
Baird's drug store. / then went down
to the blacksmith shop, and looking
back saw deceased watching me. !
started toward Bewley's, but turned
and hurriedly, by a circuitous route,
went back toward home, and when /
got to the mountain, | saw deceased
going up the mountain. He went the
road to pine thicket somewhere near
where his horse was found after he was
killed. He had his gun with him and
watched him there for an hour. shot
at him but was too far off to hit him.
After this we would nail down the
doors and windows every night, and
every morning we would see tracks
around the place where he had been
standing. We would sometimes find
tracks in the chimney corner. From
my house to the county road was about
half mile. The next time | saw de-
ceased, Iseereted myself near the house
and had not been there more than 5
minutes, when l saw deceased coming,
slipping along toward me. About that
time my wife came out and told the lit
tie boy we have with us to go toward
log and see il he could find pine-knot.
Deceased then ran, and / fired at him
but he was too far away for me to hit
him. My wife gaze me the bottle
shown ne here, and told me that deceas-
ed gave it to her. / recognize the label
to be in the handwriting of deceased.
/ afterwards learned that the contents
of the bottle was poison. During this
time she gave me another note from
deceased to her. Some one came to our
house one day and took the letter from
the house. 1t contained seven pages.
That was the letter that spoke of the
window blinds. (The court here rules
that oral contents of written docu- |
ment can be recited where the docu- |
ment has been lost). | cannot state all
that the letter contained, but il stated in |
substance that notwithstanding you |
have nailed down the blinds and doors, |
have been on your threshold, and even |
heardy our conversation, none Of these |
letters were signed. The next letter |
we got was received day or two after |
! shot at him near the house. My wife
tried to take some OF the medicine, and |
| gave it to her sister, who kept it un-
til she left had put it up over the
door, and suppose it froze and bursted.
After my wife's sister had left us the
next time | saw deceased at my house
was on the 14th or 18th of March. i
was in the field blowing, and when l
saw him ride up to the house l went up
there, he threw his shotgun down on
me, and told me that before / should 60
before the grand jury and indict him,
that he would kill me, that my father
was the cause of the trouble, and | be-
Iieve told me that had better leave.
He stood there until / went to work,
and on Thursday before the killing /
learned that he was at my house again.
[ had been down at work, and after l
got home saw that my wife seemed ag-
tated. On Friday night learned that
Mr.. Wortheon had been to my house
for me, and that after he left
deceased came up to where my wife
was washing-this was on the Thursday
asst spoken of / also learned that he
would be back on Monday, to see If |
lad left, as he had warned me to do On
Sunday | wrote Mr.. Baird a note asking
him to send me $40 He answered
ne, saying that he did not have it. |
lid not have the money to leave on and
| concluded to 60 out early in the morn
NC, whore / could have a chance If de-
ceased came up. left word that ] was
gone to FIT. Smith. | secreted myself
lear the house and presently saw Frank
Hills come up and inquire for me, and
lfterWard my father came and made
he same inquiry. About 10 O'Clock
nv wife came out TO where L was, and
told her TO go back to the house.
bout II O'Clock | saw deceased COM
ng, slipping along toward the house,
md threw my gun down on him and
old him to throw up his hands. He
,hew his hand into his pocket and drew
. pistol and l fired, when he ran, and
fired the second time. | then called
ny dog, and presently heard defendant
,all me. hesitated but concluded to
20 to him. He said that be loved me,
md did not blame me, and that he
would have done the same thing twelve
months ago had he been mo, and that
f he lived to see anybody no would tell
hem that was not to blame. He ask
ID me to get wagon and take him
nome. | started after one, and when L
,urned heard the click of pistol, and
ooking around. saw deceased about
% shoot me when | shot him again.
When | went to him after he called me
le said that he was badly hurt, and
thought that he was shot in the boweis.a
My wife told me that DR.. Marberry had
,iven her the medicine and told her to
rive it to me. She said that he had
lsked her if he could depend on her
giving me the poison, and she said that
ne could. There was label on the
,ottle, but | did not learn from her
low she was to administer the poison.
had learned from Baird and others
hat deceased was carrying arms for
ne. On the day Of the log-rolling at
3attenfislds, Frank fills told me that
Dr.. Marberry had told him that he
would give him 5000 and his practice as
ong as he lived there, If he would put
certain man out of the way who lived
IN the mountain. l suppose deceased
vas killed on my premises.
Adjourned until 8 80 O'Clock, to-mor-
nw NOR ninp