The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-24
HIS STORY UNSHAKEN
Says Griffin Had His Hand in His Hip
Pocket Coming For Him.
OUTLINE OF ARGUMENT BY THE DEFENSE
viii Try 10 Prove That After Peter FelI, Lyman
Took His Pistol From His Pocket. Dr..
Thompson on the Stand
Today.

ICu1y'
The preliminary bearing in the case
of Sam Mangum for killing. Pete Grit
fin was resumed yesterday morning
before Justice j. G. Marcom. 1t was
the third day of the hearing and many
of the witnesses we're beginning to
grow weary of the long proceedings.
The prosecution announced that
they rested their case. Witness Lon Me
Gee was rendered the defense to prove
statements of the last two witnesses,
but counsel for defense waived exam
ination.
The main interest conferred in the
testimony of the defendant, who de
scribed the shooting in detail, and
told an mistaken story, stating that
Griffin had his right hand upon his
hip and was striking at him when he
fired. His account was not contradict
ed in any particular upon cross eNami-
nation.
The argument of the defense will
be that, after Griffin fell, Lyman took
the pistol out OF his pocket, which was
shown by another witness TO have been
pulled out as it something had been
taken out of t. According to Man
gums story, L!nam had pistol az the
house. The tleory is that Lyman
gave Griffin tie pistol while they were
together for Il minute away from
Mangum. Lyman has not yet been
found.
The first witness for the defense
was Mrs. Betty Penny. She testified
that one day last spring, Pete Griffin
said to her: las soon as ! get money
enough to get away from here, 1 am
going to Kill Sam Mangum.' About
IL week after this, witness told Man
gum of this conversation.
On cross examination, Mrs. Penny
said she had been separated from her
husband for nearly eight years. She
did not think Griffin would kill Man
gum sure enough; thought he only
said so because he was mad. Did not
pay much attention to it anyhow. She
occasionally tells fortunes, or used to-
People tell her almost everything that
happens IN the neighborhood.
Samuel Mangum, the defendant, was
next called. He testified that he was
80 years old, married, and had one
child. On Sunday night, the 18th Of
OclODtE. Ic WIS dl nOlllt. @ADOul "
o'clock Pete Griffin went to his house.
His account is as follows: ut was a
warm hight, L was lying down on the
porch and heard loud talking and
cursing on the other sire Of the house,
cursing on the other side of the house.
there and 90 away, that she had asked
them to go away before that and why
did they not go. l did not go out
there right away; | could tell by the
way they talked that they had been
drinking some, but they kept on talk
ing SO loud that | got up and went
around. | said: Boys, my wife ask
cd you kindly to go away from here,
and why don't you 60 Pete said:
We'll, we will. You come to the road
with me and I'll whip you | told him
/ didn't want to have any trouble with
him. BY that time Lyman was snap
ming his pistol right at the window
where my wife and child were. Pete
Naid: Walk with me up the path, ]
rant to have a friendly talk with you.
We went on up the path, and he
wanted me to go on to the road, and
| told him | must 90 back home; they
had scared my wife nearly to death
and to go on away, that L was going TO
prosecute them tomorrow. He said
You will?' | said: Yes, I'll prosecute
both of YOU tomorrow without | die
Pete said: We'll, God d-n you, I'll
kill you then Then he kept pressing
on me and l kept telling him to get
back, and he kept coming on and re-
peating: God d-n you, I'll kill you,
Ill kill you,' with his hand back of
him; | thought in his hip pocket.
When he got within reach of me, he
struck at me with his left hand, his
right hand still back of him. As he
struck at me, he swung nearly all the
way around, and then | shot him. lie
then made a circle around through the
cotton patch, came back into the path
and fell at Lynam's feet. Lyman
stopped over the body for minute, and
| went on up to the house. Pete Grit
fin told me some time before that
he had a pistol, but had not seen hila
with one. Mrs. Betty Penny told me
that Griffin had said that when he got
money enough to go away, he was go
ing to kill me-"
John Powell was sworn and testified
that the character of Mrs. Penny was
bad and also that Manglm bore
bad character. Cross examined wit
ness said lie did not swear Mrs. Pen
ny's character bad for truth and hon
estv, and that his statement in regard
to Mr.. Man9um was based upon COM
mon reputation. Or redirect eNamj-
nation, he testified that Mrs. Penny's
moral character was bad.
After this testimony was given,
Mangum's testimony continued as fol
lows:
On cross examination, Mangum said
he had employed Griffin the early part
of the season, and had seen him fro
qucntly since then. He used to come
often and sit and talk for an hour or
two on Sunday. He believed what Mrs.
Penny said. but did not pay much at
tention to it. She has the reputation