South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1889-05-24

-. y suppose. near ont
nae. 90 not care for thc .hoot;r.
OF myself: but I hate the idea =,
Evans killing Jak.. Who had n.vs,
done any thing TO him or int, 60
With n'm 10 any way wha,eve, 1
heard o'ber shots A. Iv.: -.
ming away fro m Evans toward. Oh.
hollow. the
n. r. PoIire. firs, ~itpe.. c,yhs
defen'e' Heard Hoke tell Es.ns
m the 18th Of last december. tha,
lac "Dcver wan'sd b IN TO cross bis
path agsin." He also Ia Evans
what he woi',i do to him il hc would
"get down ofrsbst mule"
Isaac Pancake. On Dc. Is Hoke
III Ia witness: If ever CONE .
cross Oscar Evans. RI givc him such
. beating as b. will rem. mber lony
time. WINS told Evans. Of ,his
threat tie same day.
j cpb DIvr. lloke toll witness
To tel Evans ha' il liz '.cauyht him
on that road cut ut down on John
Pancakes Ian :. lie would hitch b S
tesm To t.vans' .nd prJl hun aud Lis
t"-nl over The h.ns int the crs OK
A % threatened TO GU. Evans eyes
mt. hrse ireats were arcompa-
ni-l with vi"lnt a,hs.
John > parcaEe. Hoke told VII.
hess that, as Ee WAS las-iHg Eva s,
he s Stopped N, sal. e. hin, III YOU
paw me back Il C none lei IN tia,
ad, you ", u'dn't Get stuck in the
mud Eyps shot him wv &C fore
b" (Huk got oil hi. wagon. lie
sAi" no never carried Iis'u Ev.
ans or al, bo1y ei z.
David 10y. ties imony party Col =
Federated uHi parity coutra,hc,ed
tina, Of Mrs. Il X.
Jnme, q noe sid HIKE tod b III
he carr ell - pistol.
Char "a llaimis ~, So Amos Rob
crs,r, IS. A. Gi' 5 II. jas. E. Pv and
~. VI. +. Polling al sw, re- ih.t they
woult not hav. tel eyed lIoke on
oath. HIS rei'u al Nas bad.
EvANs' ACCOUNT uF THE AFFAIR.
William Oscar Evans The priso-
ner. wien placed UPON The stand. III
substances Iul tn" following s,o y:
'Hoke and | bad been haul,ue
bark GU OF Buff - tolios - in the
siie Of Big hioun:sa. near Juha S.
Pancakes. lh,oaga part Of this
hollow, known as 'rhe Narr VS. j.
WAS nee sssry 20 build u new read,
au the I'll one running through il
was most impa b. bic. The N l.
rOws' is on Isaac Pancakes Ian .
Hoke dill not want o. help make this
,oad, hut WAS n titled tiir. n me b,
| Mr.. Pancake that he wouli sue bim
II lac lid do so. lloke thought ]
was u Glsme for THIS proceeding on
the part Of Mr. P.!ntakc. The latter
sued Hoke AID made him pay s. as
bis share IF til e expense OF makir G
tie road. | had several difficulties
with HUkc abnu' thi, ma t,r, in
which he tnreats ned To cut ms eyes
out, 'msul me- 'at'tn,; To me- anu
not to allow me to haul over the ne W
road. Shortly after the suit oCcu red
he met me up the h low al wagon
whipped me. On another occasion,
wren be tir, atcn, d me with perso-
nal VIC ence, | saii 10 him: You
can, hurt ME with your wo DIS, bu,
all ask of ,ou Is. TO keep yCur
hands off Of me-
On the 2ist of E. 'uary, as | was
coDirg through The 'NaitOws' with a
heavy loud q. bark, st.lled against
! n stump Heard wagon coming.
IA. it Was H"ke's. II, Ike WAS using
my road. When he got UP vi h me,
i heard hIm tell knby 10 catch me.
hat hcara that Kirby w,u'd do
whatever Huke ordered lin 10 do,
and really believed my lie was in
danger. Kirby advanced TO attack
me. and l told him 10 stand back
He came or, however, and sLo
him. lie threw uL his right band,
and cried, ON, y, car, dou'l; IN
lever do so any more Hoke start
ed to get 'wn off his wagon, and
hred twice at him. lie started TO
run down the hollow, and I went TO.
yard my wagon, but stumbled and
fell. h"ke saw this, and came back
nII' JumpeN on HE. He Calleu 10
Kirby 10 come and help him. KIRBY
ran towards Us with a knife, which he
was trying ~ opc6, IL lie hand. He
fell dead. however, just as he reached
the spot where We were struggling On
tie erouod. / then struck Hoke O.
yer the head several times with nv
pistol, and, becoming disengoge d
from him, went 10 my wagon, got
on one of my mules, rode down to
Squire PoliDg's and gave myself up.
] did not know whether Hoke and
Kirby were armed OF not
VIM. 10y, 3rd, Henry Bowman,
James Smith. Jos. Carder. John ID.
Miller, Jr, also testified To having
heard HIKE threaten Evans with SO,
we're bodily injury.
Drs. Berkeley and Daley wete ex.
nmine1 aud. stated that both noke
and Kirby were strong. muscular.
vel -deveioped men, and larger than
EyaGs.
The case was given TO The jury a.
bout 6 l.. NJ. Monday, and 81 9
the mex mornI9g brought in q ver-
dict Of mot guilty CouI sdj,urned
over Tue sday on account If the cleo.
ton, but on Wednesday proceeded