The state herald., 1890-01-03
very faint. The scnffling sound
heard just after the whipping was like

very faint. The scnffling sound
heard just after the whipping was like
+ groan or sob from a man In great
hndily pain. The scuffling / thought
came toward me. / heard some one
talking to the right and south; imme-
diately afterward they came up to me.
! was pulled down OH my face when
the wagon came. AS quick as heard
the scuflling they came to me, one
caught my coat and jerked 1t of; they
pulled my vest over my head. My
pants they caught and tore off and my
shirt was pulled upon my shoulders
and the under shirt torn. was
caught by my arms and ankle, hardly
touching the ground while being whip
ped. The man who struck the first
blow stood on the right side, the next
blow came from the left. My lack was
bare; 1 do not know as to length Of
TIRE Of whipping; four men held me
Sy arms and legs; the handkerchief was
over my eyes at the time. / said moth
ing at first; before they got through
said: "Boys, l am an old soldier and
don't know what you have against
me-" The whipping was severe
punishment; blows from left hand did
not pain me like those from the
right. After the whipping they threw
my coat over my back and tumbled my
vest OH one arm. l felt the watch In
my pocket on my shoulder; then they
started of; the men who held me left
first; those who whipped me went last;
when away about 20 feet Que said:
I"YOu sOns-of-bitches, We give you "a
hours.to leave the county" The man
who said this first l know was Lew
Witherbee, the voice that spoke second
believe was Swan Clint Nelson;
havetbeen with him and known him
for a number Of years; have heard his
voice frequently. The voice was dis
gnised; sounded In gutteral tone. AZ
ter the men left.T united the banker
chief from around my eyes; 1t Is the
one l took from my eyes; (Hanker-
chief here produced In evidence.) /
have seen Lew Witherbee with u ham
kerchicf of that kind and color; he
wore 1t arOund.llis neck. lwent home
after the whipping, arrived there
about 10 minutes past IA. M; the
team went toward the road leading to
stand pipe; my wife and baby were
home when.I got there. My wife got
up when l got to the kitchen door.
tlTere witness exhibited 10 the jury
marks on his body.) My wife seen me
in the morning; my undershirt was all
bloody; my flesh WAS cut OH left side
by every blow and they bled consider
ably. Gus Temple and Mr.. Diedle
called at my house afterward. i told
Temple one hour after got home l
was al, right. l lad talked with my
wife and had concluded 10 keep quiet
first, that ! might find out who the
other parties were, and secondly did
not want my people ~ hear about the
whipping. was taken sick In about
twenty minutes after got home; WAS
sick ut my stomach. My wife applied
arnica and also bathed my wounds.
Seen u physician next morning; think
as near as can tell received seven or
eight lashes from each one, that is
from IA TO 10 lashes all told.
CROSS EXAMINATION.
Gus Temple called at my house
that morning; came to the door facing
east, but did not come In. Got up, rc-
cognized his voice as quick Ms l heard
IL; was sitting on the bed; opened the
door; l stood about three or four feet
back from the door and lie stood on
the porch. From the ground to where
was sitting In the bed room was
about thirteen feet. ItOld him ! was
all right. Had only met Lew With
erbee.a few times before he became
sheriff. Have been well acquainted
with him since that time. The deputy
discharged most Of the duty while
Judge Painter was on the bench and
the sheriff has performed but little
duty since Judge Glynn came on the
the bench. Witherbee has been less
frequent In the court room than Mel
son, his deputy. Have met Witlierbee
frequently out side; have heard him
open court; the tone Of his voice Is
not n chest tone, but from the throat;
cannot say that I have heard him
open court IL times; have been with
him three days Mt one time. lIIere
witness tied the handkerchief over his
face us II WAS when he was whipped
1 cannot tell whether that handkerchief
wns put on me when arrested or after
ward; did not intend to say In the
direct examination that u blanket was
thrown over my head; did not intend
10 say blanket. know after started
IN the wagon that handkerchief was
new aiken from my eyes. Cannot
tell for a certainty whether the blank.
ct was ever put over my head. did
not say got into the wagon myself;
they raised me and after I got In the
wagon they pushed me down; when
taken from the wagon was crowded
down on my knees; nt that time the
blanket was over my head; In getting
out Of the wagon the blanket WAS not
disturbed; was then pulled down on
my faco and something else thrown
over me; did not say IN former exam.
inntion what II WAS that was thrown
on top of the blanket; was covered up