The morning news., 1892-03-30
GRIFFIN'S MURDER TRIAL
1T RESULTS IN THE DISCHARGE OF
TIE PRISONERS,

AAAGi MO GNkGS
No Evidence OF q Reliable Character
to Connect Them With the Murder.
The Story of Tom Westmoreland
Proves Tissue Of Absurd False
hoods-The Crime Still Mystery.
brated case Of W. w. Nunnally, charged
with the murder Of his grandparents, DR..
and Mrs. J. II. II. Barrett, on Jan. 3, was
begun here to-day. Nunnally was formally
arraigned at 9 O'Clock, when the indict-
ment was read and to which he pleaded not
guilty. On the indictment, as attorneys
for the state, appear the namsa Of Solicitor
General Emmett WomAck and Col F. d.
Dismukes. For the defendant are Stuart
& Daniels and Hall & Hamilton. After
the call of the witnesses the state announced
ready, and when the list for the defendant
was completed they did likewise. Up
to this time no motion for
delay had occurred, but at this point the
state was apprised that Tom Westmoreland,
who had answered when his name was
called, was not the Tom Westmoreland they
wanted, and they moved for a continuance,
alleging that he was the second material
witness In the case. In support OF their
motion Sheriff Patrick was placed on the
stand and stated that Tom Wessmoreland's
testimony would be that he was at Jerry
Hollis on the Sunday Of the killing and
heard conversation In regard to it, and
that he followed Jerry Holt to DR.. Barrett's
and I'm I'D H. H. ~
killing. On crosS-examination the sheriff
swore, as did several others,
that the boy was notorious liar and that
they would not believe him on oath unless
his testimony was corroborated. Judge
Boynton overruled the motion aud the case
proceeded. In about an hour Officer
George johnson brought the right Tom
Westmore!and in court.
THR JURY.
At 10:45 o'clock the first Juror was chosen.
being the second name OF the regular pam
ell called. Before the remaining eleven
were secured, however, seventy-three of
Spalding's citizens were put on their "void
dire" OF this number the defendants
struck sixteen aud the state nine,
while twenty-two went Off for
cause and two were opposed to
capital punishment. The Jury
complete is as follows: s. s. Crocker, a
fruit farmer; A. +. Gossett, a farmer; g.
A. Putnam, lumberman; 8. A. Bennett, a
farmer; J. r. Evans IA farmer; w. J. Cop
page, farmer; A. w. Blake, a capitalist
]. w. Shivers, farmer; A. s. Colbert, a
farmer; l.. w. Goddard, a merchant; J. L.
Maxwell, harnessmaker; W. 8. Hoyle, a
farmer.
TIE jury was much more easily obtained
that 1t was supposed it would be. II was
completed at 12:45 O'Clock. Nunnally
showed great interest in each face as it was
put before him. After the Jury had been
completed a recess was taken until 2:l5
O'Clock.
AT the afternoon session on entering
the stand Judge Boynton re-
cognized the compliment of fragrant
bouquet with very broad smile, and then
stated that IS other parties were likely to
be tried on this Same charge all parties
summoned as jurors should go out and stay
out Of the court house during the progress
of the trial. Sixty-seven names, as wit
nesses, were called for both sides.
KENDALL GOES BACK ON HIS STORY.
The first placed on the stand was Sam
Kendall, the negro who has told so many
tales of his whereabouts on the fatal Sun
day night. He knew nothing OF the killing
and all he had told as to his knowledge
OF it in the past was not true.
By this he goes back on
his confession TO various parties at different
times, including officers, lawyers and ne VS.
paper reporters. He said that the confas-
sion he made was obtained by his being
made drunk.
Tom Westmoreland, little ragamuffln,
wGs the next witness. and If there was any
dependence in his testimony the case against
Nupnally would be made ont without any
other testimony. Substantially his evil
dence was that he WAS at jerry Hollis on
the day Of the killing and heard Sam Ken
dali and Jerry say that they would put the
id old rascal out OF the way. He fol-
lowed them up to the house and stood at
the door and saw Sam and Jerry
hit the old people. San, used the coupling
pin, Jerry the shovel and Eunnally he'd a
big stick. On ross-examination be said
fifteen or twenty persons went up to the
house at the time he went. After the kill
ing he ran away, crossed the river and got
on hand car and won't to Brooks station.
He said that be saw the car going from him
and ran three-quarters Of a mile and caught
il and rode to the shantes just above
BrooH's station. In the next breath he said
when he came on the hand car the track
hands were repairing the track and he got
on the car and went TO Brooks station.
NATURAL BORN MUNoHAUsEN.
He also swore that as he was going down
the road on the day OF the killing he met
Sam Kendall, Jerry Holt and Win Nun
nally and about fifteen more men. Three
of them had pistols one shovel, one a car
pin and one q stick. He asked them what
they were going to do. They said they
were going up and kill those old people.
He said that while Sam and Jerry were
killing them the other fifteen men were
standing around In the room. After they
had killed them one of the men went Off
and got a horse and waaon and hauled the
bed clothes, furniture and other things
away. He said the fifteen men got out
some wine and sat down at a table and
drank It. Toe witness did not
drink any. They got handful OF gold
and other money and divided it. This was
on Thursday night, aud thus, for over an
hour, this rag of negro rolled out lie after
lie, showing he was not at the place and
know nothing Of the transactions, and no
one In the court room believed one word to
which he swore.
DocToR's TESTIMONY.
DIR. ]. L. Gable testified that the wound
made on the cheek was with coupling pin.
There were two wounds, either Of which
would have produced death. The wounds
had been made several hours when the doc
tor reached the scene On the cross-exam.
ination the doctor testified that IL was a
cold day. Nunnally raised his grandmother's
head several times and begged her II she
knew who hit them 10 tell it. This was
after her feeble mutterings OF names. What
they were the doctor could not understand.
Lizzie Holiday saw Wtll Nunnally In
Seuoia at her house. He asked her mother
where Sam Kendall was, and her mother
oafa a., Aelapfa Mar xnothar sasN aha hmd