The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-03-10

never heard any part of mine read
nobody came to my house to read it
to me.
Lewis Hill, COlored,
was then called. He said, am "A
or 70 years old | have lived at Car
ter's Creek all my life my house is
alongside the railroad. At the time
of the difficulty, had been up to
Lum Chappell's house, and was re-
turning home. first saw the Ir-
vines coming through the weeds, 20
or 30 steps from me- up to that time,
| hadn't noticed anybody coming up
the track. / heard the Irvines talk
ing to each other, in low tone, but
couldn't understand what they were
talking about until one of them said
something about "killing;" that
made me stop and | began looking
around; then | saw Mr.. Simmons
and the other man coming up the
track together. When they were
near the Irvines, Mr.. Simmons said 3,
Good morning, gentlemen" The
Irvines didn't reply, but commenced
beating him over the head with
something. | thought L heard two
shots fired, but couldn't tell who it
was doing the shooting; the next
thing / remember | saw Mr.. Sim
mons raising up to shoot. One of
the Irvines ran after Mr.. simmons;
the other one was lying on the rail
road track, and said to me, "Old
man, help me off the railroad"
Crossed by Hughes: Yes, / saw
a pile of cross ties on the side of the
railroad; Lum Chappell and Lam
caster were sitting on it; didn't see
Annie Rice at that place; she passed
me before | got there; don't remem-
ber seeing Lee Newby.
@: Wasn't you going towards
Lum Chappells house?
A: No, sir; wasn't going that
way at all.
@: You say you saw the Irvines
coming through the weeds?
A: Yes, sir.
@; Wasn't those weeds 50 high
you couldn't see anyone passing
through them?.
A: No, sir; if they had been so
high I couldn't have seen them, why
| couldn't have seen them.
@: What did you say you heard
the Irvines say?
A: [ heard one of them say,
"Yonder he comes let's go and kill
him."
My evidence was taken here at
the former trial; L have heard 1t
read since then; Mr.. Dortch read it
to me at my house; there was
another man with him, but | don't
know who he was.
Nancy Kennedy, colored,
was then called. She said, 1 was
work ing at Mr.. Sam Nichols house
last October. On the Saturday be-
fore the killing | saw Mrs. Irvine at
Mr.. simmons house; it was about
2 o'clock in the afternoon, after |
had quit work and was going home
I saw Mr.. Simmons; heard him say
Its a lie" about three times, and
then Mrs. Irvine shook her fist and
said III have Drew blow your
brains out" AS she left the house
she said, ITS not done with yet"
Buck Brown
was then placed on the stand. He
said, l live at Carter'o Greek, am 8
farmer and postmaster at that place
On the morning of the difficulty
had started up to the station, anC
heard of the shooting. / went to
Mr.. Simmons house, reaching there
) shortly after the difficulty occurred
| saw simmons lying in the room
on the floor; / had a conversation
; with him.
At this juncture question was
raised as to what part of the cOnver-
sation between the witness and Sim
, mons should be included in the
testimony; the attorneys for the de-
fense taking the position that the
witness only had a right to relate tt
the Jury that part of the converse
, tion which pertqined to the fighting
on the railroad, and not anything
, that Simmons said concerning events
previous TO that. Pending a de
: cision, court was adjourned unit
80 o'clock in the afternoon. Whel
l court re-assembled, the attorney
: for the State announced that the!
: conceded the position taken by the
t defense, and Judge Holding il,
structed the witness accordingly.
The witness was again placed Ol
4 the stand and the examination con
s tinued. He said, Simmons told m
= that he had been shot and was goln
e to die; he said he was prepared t,
s go. In referring to the difficulty h
e said that Drew hit him first with
: rock, and that Warren shot him frs
= before he got his pistol out of hi
s pocket; he said he thought he shO
t Warren before he did Drew; he di
t not shoot Warren, he said, until afte
j | Warren had shot him, No on
d heard our conversation; L was knee
:, ing down over Simmons while h
y was talking; several persons passe
t in and out of the room during tn
e conversation.
s Crossed by Webster: Was Mr.. I
ID. Locnridge called in TO take dow
e Simmons statement?
C A: No, sir. Nobody was calle
o in to hear the statement.
J. My testimony was taken at til
II former trial before Judge Holding
IS 1 saw il last Tuesday in Mr.. Hatct
J. er's office; saw it lying on the des
: aud picked it up ahd read it myself
i no one told me TO. saw Il befol
4 that In the store at Carriers Creel
: Mr.. Brown Church was reading
e the book.