The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-03-03
THURSDAYS PROCEEDINGS.

1enSe was argued. In1s eVlOence
was a statement made by Warren
Irvine In answer to a question pro-
pounded by Sam Nichols after r.
vine had been taken to Nichols
house. The question asked by
Nichols was, "Warren, why did you
come over here to get up this
trouble?" The answer was, II did
not expect this trouble; only came
to give him good beating" The
court ruled that this declaration was
not part OF the res gestae, and
could not be admitted.
The cross examination of Mr.. Sam
Nichols was then resumed by Mr..
Voorhies. In response to questions
he said that parties walking on the
railroad could not see parties riding
down the pike on horseback; hedges
and houses would be In the way; he
made no statement contradictory to
his former examination; If the stem.
ographer's report said so he had
either misunderstood the question
or had been misunderstood by the
stenographer.
@: II the Irvines had travelled
the Lochridge road, which you said
in your examination was the short
est, could they not have reached the
railroad in front of Simmons house
without being seen by anybody at
the station or your store?
A: Yes, sir, they could have
done so.
@: Where was John Wisener
when the difficulty began?
A: He was there with Simmons.
I didn't notice him after the fight
ing began. The next time [ saw
Wisener he was at my house.
@: Did you see pistol that was
taken from Simmons?
A: Mr.. Garrett gave me pistol;
I don't know of my knowledge
where he got it; it was my pistol. /
did not say, as the stenographer re-
ports, that Mrs. Warren Irvine said
anything about Warren coming pre-
pared. That was said by Mrs. Mary
Irvine. Mrs. Warren Irvine was
trying all the time to quiet Mrs.
Mary Irvine and keep down trouble.
@: Did you say you saw Sim
mons throw pistol down, and that
a pistol found there was his?
Al: L did not. did not see Sim
mons with pistol, and don't know
whose property the pistol found
was.
In reply to running questions he
said, have not been especially &C
tive in this prosecution; [ did not
telephone for an Attorney that
night; did not carry the book of tes-
timony around, and rehearse the
witnesses; the book was kept at my
store for awhile; the book was car
ried around by Mckee, Peel and
Dortch.
Re- examined by Mr.. RUSSELL: My
former testimony was not read over
to me by the stenographer. The men
who read it to others at my store,
simply asked is that right or not.
There were several mistakes made
in my testimony by the stenogra-
pher. The testimony on the night
of the killing was taken by Judge
Looney of the County Court. Mr.. j
C. VOORHEES, was the first attorney
there; he came With the doctors ;
Mr.. Hatcher came out in the even
ing. I took both the defendants to
my house to care for them. But !
felt an interest in the case because
Simmons had worked for me.
Mrs. Sam Nichols
was the next witness introduced. She
said she lived at Carter's Greek ano
knew all the parties to the unfortu-
nate affair. Mrs. Mary Irvine came
to her house on the day before the
killing in the morning took dinner
there and left, saying she was going
to see Willie, Cam Simmons wife
Mrs. Warren Irvine was also there
Mrs. Mary Irvine was gone about
an hour; said she had been to Sc,
Willie, MRS. Cam Simmons0 whe
. she came back she said she had
never had such abuse in her life
that Cam had forbid her the house
; but she had right to go, as she haC
| put everything in the house tina
they had; said she told him sh,
would see Willie or die; and that he
said she could not abuse his wife
was a Campbellite liar; said San
called her bitch and threatened tt
stamp her; said that was more thar
she could take, that she was going
to have Drew blow Cams brains
out; that her boys would protect her
and that when they came they
would come prepared; she said sh
could shoot herself; she repeated
; these threats several times, sayin
that her boys should blow his brain
out. On this second visit to my
house that day she remained unit
3 about in the afternoon. The mex
2 day saw her again few minute
' at my house; it was after the shoot
, ing and the boys had been brough
to my house; left home shortly al
3 ter the boys were brought to m
l house, and returned just before the,
= left. Mrs. Irvine said that if Car
had gone to the store and attende,
to his business the day before, th
+, trouble would not have occurred.
;. am second cousin to Mrs. Warre
I Irvine.
!. Cross-examined by Mr.. Figuers
At the table she said that Will
5 had treated her badly in selling he
place without saying something t
her about 1t. Mr.. Irvine was the uu
Gle and guardian of Mrs. Simmons
they had taken her to their hous
n when child and raised her, and sh
4 lived with them until she was maj
ried. When she returned from tn