The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1902-08-28

got to the seat was sitting in with a
lady the old man met the captain at
the seat just beyond. He was ours
ing when he came. | spoke to him
and told him that was not the way to
do. He continued his noise and
cursing. He did not have any weap-
on when he passed me, but did when
he passed the captain. He kept up
his noise and cursing and the captain
said: 1t seems like can't ex plain
anything to you" Cole put his hand
in his pocket on his pistol. but did
not pull it then. About the time Jim
came up he pulled it out bat put
it back in his pocket again and Jim
took hold Of him and told him to dis
ten to the captain, the captain will
explain it to you all right" The old
man commenced cursing again. Just
before Jim got to the door he drew
his pistol again. | told jim: Jim,
he is going to shoot you if YOU don't
mind" When he got to the door Jim
and the captain both tried to quiet
him down, The crowd was being
forced on them both ways One OF
the boys pushed by me and had
pistol in his hand. Two Of them
were passing but l do not know
which one had the pistol, but it was
one Of the young ones Cole, Jr., and
Ferguson). He said he was going to
defend his father. The old man said:
I'VE are all brothers and friends" as
the crowd came up and they were all
there together. | was standing in
the door trying to get in there where
Jim was with the captain. The boy
had his pistol and lady said: Hes
going to shoot" and she made for the
window where She was sitting saying
she was going to get away from
there. She was partly out of the
window when some one pulled her
back. | turned toward the door
where the row was and pistol went
off. heard Jim say, II Am shot"
As | tried to get where they were, l
saw Roadmaster Stevers come in
from the white car. He was taking
hold of Joe Cole, ST., in the act of
taking hold of him about the should
ers, when the old man leveled on him
and shot, striking him somewhere
about here describing the location
of the wound, on the right temple
above the cheek Lone). ran to the
!, baggage car and asked the agent to
come to the captains assistance.
When | came back the captain and
+ Captain Leach and others were tying
him, doe Cole, Sr.) The captain
told them to take Jim back and do
, what they could for him.
- Questioned here as to the one who
shot Mitchell, the witness said it was
one of the young ones, he could not
say which one (the younger Cole and
, Ferguson standing). 1t was the same
one who had the pistol who said he
, was going to help his father.
No other witness was examined al
q though there were several other.
+ present. Sufficient evidence had been
, secured to hold the prisoners and
this was all that was required in
the preliminary hearing. Mr.. j. H.
, Bridgers, local counsel for the Sea-
board Air Line Railway, and MIR. B.
s &. Green, of Warrenton, represented
the State. Mr.. Il. M. Pittman rep
resented Joe Cole, Sr. None Of the
other defendants had counsel.
b Mr.. Bridgers said the State would
rest its case on the evidence submit
q ted and asked that three of the de-
= PENDANTS, the two Coles and Fergu-
: son, be bound over as principals, the
Y others perhaps as accessories. He
e said if any of the defendants wished
: to make statement they would be
heard. Mr.. Pittman made some re-
0 marks as bearing on the rights of his
3 client and asked that fairness be
n shown him.
: Willie Mitchell said he wanted to
j make statement and did so. Mr..
$ Bridgers warned him that he could
not be made to tell anything pref
:. dicial to his case. Mitchell told d
u straightforward and apparently hon
i est story from which he appeared to
O be exonerated from any completely in
7 the row on the train or the shooting
which followed. He was one of the
persons (slx in alD who were in the
car singing. When the conductor
# told them they were in the wrong
e car he got up and went Immediately
d out following close behind the CON
g ductor. He went forward through
, the second-class compartment into
the main body of the car and sat
d down about middle way. Ho heard q
n noise but thought it was the slam
l. ming of a door and did not know any
l. thing about the fight and the killing
k until it was all over and men were
e cutting the bell cord to tie the two
: Coles and Ferguson with. Saw jim
:, Mitchell who said he was shot, pull
n ing his pants down on one side.
IS Joe Payne told pretty much the
q same story. He took seat neare,
e the door, not going as far forward a:
|: Mitchell. Heard fuss in second
n class compartment. Looked around
> and saw the scuffie. Heard a psto
:. shot and got down between the seats
d Did not see the shooting and did no
Re know who shot.
W Both were sitting quietly dowr
o they said in another part of the Cal
y away from where the difficulty oc
y Cured and as they were not dis
, turbed they went on to Louisburs
:, with the rest of the party to which
It they belonged. This is what CAV.
d rise to the opinion that two of th'
l. men had escaped from the trsir
d when it slowed up near Middleburg
% Capt. Clements and Sam Newson
,r were recalled but neither could sal
t that the statements made by Mitchell
l. and Payne were not true. Rather
d their impressions went toward sub
er stantiating them. Neither recalled
IS seeing them in the compartment
re where the difficulty occurred, bui
N said some of the party got up ane
IS went out OF the white second-clasi
t car Immediately after the conductor
lie passed through and told them II
1t move.
'r' The two Coles and possibly Fergu