The state herald., 1890-01-10

4AA IA = ~ w OAN = ~
with me; two men stood with Kelsey
and the driver made nine or ten.T IT
was moonlight and I went up within
20 rods Of them; could see them from
here to the depot, it was bright noq1-
light night. They stood there about
one minute after / came up. A wagon
came up behind me, did not notice 1t
until was talking with the fellows;
the wagon was coming from town;
they all jumped into the wagon; l DOT
into it and we drove up to where Kel-
sey was. Wilson took me out after
wards where the whipping was done;
went to look for the bottle l threw
away; did not go rs detective; jpst
wanted to show the bottle so that they
could see where it came from. The
bottle was given me half way between
town and where the whipping tock
place and l drank; did not 60 out tp
where the whipping was done; wen.
out with Kelsey but was not there n
the whipping; only thing heard Kel.
sey say was "dont boys l can get II
the wagon" when he was being whip
ped he said "dont boys l am an old
soldier, don't kill me;" have talked
with Kelsey since l was arrested; Kei.
sey spoke loud that night; they were
whipping Bennett when l went out;
seen whip in the wagon and Lon
Witherbee had that one, he was thrash
ing the mules with 1t, was a black
snake whip that seen In the wagon;
was not close enough to count how
many men was there when Kelsey was
whipped, WAS 200 IT away; did not
take interest enough to count them.
There was about twelve men there
Seven went out with me and four OF
five in the other wagon. Bennett and
Kelsey would make IA that were there;
they stood around there In every way;
could not tell that seen Kelsey whip.
ped; seen one man brought out Of the
wagon and layed fiat on the ground
that was all l seen; did not see the
lash of the whip catch OH the wheel oi
the wagon when the man nearest the
wagon was being whipped; could no,
tell how near the man was to the
wagon. lie was one or two rods from
the wagon and the whip could not
catch; when we came back after Ben.
nett, Kelsey was on his knees with a
blanket over him and two men with
him. Can swear that Kelsey was
whipped, could not see howhe layed; II
l known that l had to tell this story
would have counted the men. Did
not see two men out there. Heard
Bennett grOwl and they must have
whipped him. Did not see Bennett
out there only heard his growl. Where
the whipping was done was from one
to two rods from the wagon. Guess It
was Benefits voice l heard In the
wagon down near the Sawyer house
some fifteen minutes before the whip.
ping. stated on direct examination
that II was Bennett who mOaned
while he was being whipped. l knew
1t was him from the sound of his voice.
Could not tell whether the man was
up or laying down. Could
not see him. Could see the motion Of
the whip and seen one man on the
ground. They were ready to whip the
men when got there. Lee Wither.
bee came toward me to see who was
and another man came up and said
everything WAS all right and the whip
ping commenced. II there was any
second whipping done there II was
done where the first whipping was
done. Lee Witherbee stood by me
while the whipping was going on and
had nothing TO do with the whipping.
Six men came TO town with me and
four or five men got into the wagon
and drove away. Did not see my
other horse there than my own. Was
there during the whipping.
Heard the rattle Of the wagon when
they took Bennett away going out. l
was ut the depot talking 70 Gus Scheu-
My horse was tied
TO the wagon At Lou Witherbee's. Got
my horse aud rode out after the wagon.
Followed by the sound Of the wagon.
One Of the men took q rag OF his 4 70
when he came hack. lie had black
cap. My cap WAS gray. II Is hard to
tell color at night. Walked with the
men about one mile coming back To
town. Lou witherbee had on slick.
Or. Lee witherbee had on y grey
coat. One big fellow had on n duster
and one fellow Ind on n red coat and
another had on coat like this turned
inside out. came back with the men
who came for Bennett. The man
with the slicker, Lou witherbec WIS
there. The slicker was bnttoned over
tho breast. II was yellow sllcker.
lie had u dark cap on could not tell
Its color. II was Lee Witherbee who
had ON the sllcker. am mistaken II
| said Lou. II WAS Lee wltherbee who
had on the slicker. Lou witherbee
had on u grey overcoat. Did not nee
bis under coat. think his coat was
buttoned. Lou witherbee had a hat
on think. was not drunk NJ ~
o'clock that night. / ran toward the
u. Il N. road because had seen NIL I
wanted TO. Met Gus Scheuneman Vt