The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1897-01-21
TIL DEFENSE. CLOSED

State in the Barbee Case
Resumed Yesterday.
SEVERAL WITNESSES EXAMINED
The Court Reversed His Rulings and
Allowed Certain Evidence to be
Given---Today the State will Take
Another Turn at the Case and the
jury will Probably Get it Late TO-
morrow.
After rest of one day the case Of the
State VS. Reuben Barbee was resumed
again yesterday morning. The rest
seemed to do all good, and the court
looked rested, while the solicitor and
the attorneys for the defendant took
hold Of the case with renewed energy,
and all day there was desperate bait {
going on. There were frequent inter-
ruptions on both sides as they objected
to this or that evidence being given be-
casse Of some point Of law being vio-
lated.
when court convened at $50 o'clock
the solicitor was not present on account
Of the train from Greensboro being late
and several small cases were Opposed Of,
which are given elsewhere. At II:4o
the solicitor entered the court room and
Immediately the jury in the Barbee case
were brought into the court room and
they entered the jury box.
Before the beginning the examination
of witnesses, the court announced that
he had decided to reverse his rulings Of
Saturday in which all witnesses for the
defense who were to testify Of threats
made by Cole, the deceased, against
Barbee, the defendant, both communi-
Gated and uncommunicated, aud also
such witnesses who were summoned to
tell of Coles character and past record,
we're excluded. Under his Honor's last
ruling these witnesses were allowed to
Sivs in their testimany and Immediately
the counsel for the defendant began TO
call ali such witnesses who had been
told to stand aside Saturday. This was
big victory for the defense and one
which caused the counsel to look better
pleased.
-.t Threats Of Cole Told.
The first witness called was d. r
vickers, whose testimony was excluded
Saturday under the courts first ruling
He testified, in substance. as follows:
"I live about two and one half miles
from Durham and have lived near tow
all my life. I knew William Cole AM
also Reuben Barbee. One day las
spring Barbee and myself went into |
certain house between here and Eas
Durham. do not know the characte
Of the house or the woman who live,
there. When we entered Reuben pu
his arms around one of the women ant
Immediately Cole, who was sitting nm
der stair way and whom we had not seel
up to that time, arose with chair AM
made a move to strike Reuben. II
was very pale and looked furiously mad
Barbee aud myself then left the house
Sometime after that, and about two o
three weeks before the killing of Cole
the deceased came to my house am
among other things, said that Barbe'
had better keep away from the house
taboye referred toy that they were hi
women and he brought them here fion
Orange county. He then said, III 20,
had not taken him away that day Iwou't
have bursted his damn brains out with
that chair. II he don't keep away from
them will kill him and send the damn
scoundrel to hell, where he belongs, and
/ will go to Morganton Cole was very
mad. saw Reuben Saturday before
Cole was killed and told him he had
better keep away from the house as Cole
had said he would kill him il he didn't"
On cross examination he said this hap.
pened last April or May.
"Much OF Man."
The next witness PUT on the stand
was L. G. Sykes, Of Orange county. He
said he lived IN Orange and knew VIM.
Cole for about 40 years-lived about two
miles from him for quite a while. He
was much Of a man and considerably
above the average physically. He was
a. tall man and had very long arms. Cole
had the reputation Of being dangerous
and violent man when he was drinking
On cross examination he said Cole was
a quiet hariworkiug man while sober.
The witness admitted that he 1.-THE vii.
ness had been indicted time and again
In Orange for violating the internal rev.
euue laws but said that he meyer had
been charged with purury.
II was now 1915 O'Clock and the court
took a recess to 24s-au hour and a
half.
The Afternoon Session.
Court convened again promr,'T /"
a4s O'Clock and v lillian Pickett,
man, was the first witness to testify He
lived within two miles Of Cole. Cole
was long and slender and much Of e,
man. Was considered dangerous and
troublesome when drinking On cross
examination he said Cole only had this
bal reputation when under the influence
Of whiskey. Otherwise he was steady
and industrious and good citizen.