Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-02-11

without hesitation, and often OF her own
volition, detailed her life for the past
two years. Her story Of the shooting was
the same as her mothers. She said at one
time her father told her that if she did not
stop going with John she would have to
leave the house. John then said in a
sneering way, ''Then I'll have to kill
him.
THE DEFENSE.
Lizzie Minks was the last witness for the
State.
Mr. Swackhamer, in outlining his case,
said the plea of the defense would be self
defense, and the testimony of the most
reliable of the States witnesses proved this
contention.
Edward Cossaboon, who was with Payne
just before the shooting, testified that
Payne gave no intimation of any intended
violent toward any member of the Minks
family.
Lewis G. Sparks, special officer to keep
the peace about Callan's hotel, testified that
he was present when Payne was alleged TO
have shown Marcus the revolver; and that
be saw no pistol nor heard any threats
against anybody.
Rev. George S. Wendell of the First
Baptist Church testified as to Payne's good
character, and also said that on the night
Of the shooting he had gone to the Minks
home and talked with the family. Mrs.
Minks then told him that she and Lizzie
knew nothing of what was going on until
the three shots were fred They were
then, they said, seated at the table eating
supper.
At this point Mr.. Swackhamer called
witnesses to testify to Payne's good reputa-
ton, as follows: Leon H. Gumbert and
Clarence Redfeld, companions of Payne in
the Philippine War, Norman Tevis, S. B.
Munyan, W. Harrison Livermore, NJ Ware
Scott and Major c. w. Shiyers, under whom
Payne served as member of the State
militia.
DR. H. H. Clark testified that on Sunday,
June 28, he was called to the Jail to attend
to John D. Payne. Payne had at that time
a broken nose and bruise under each eye
and was also suffering from a pain in his
shoulder.
Warden c. B. Platt produced the shirt
Payne wore when he was brought to Jail
which had blood spots on it.
|
Levi Payne, Johns father, testified that
early on the Saturday morning he and Mr.
Minks were fastening to work on William
Coopsr's lawn. when they met John. John
and Mr.. Minks nodded pleasantly to each
other as they passed.
The defense closed its list of witnesses by
calling John D. Payne, the accused. He
gave his age as l27 years, and said that his
education had been received in our public
schools, which he left at the age of 13 years.
On the 18th of September, 1899, he enlisted
for service in the Philippines and received
an honorable discharge in June, 1901
While.away he had no communication with
Lizzie, but when he returned he began to
go with her again. Payne said that in
going to the Minlxs house he had never had
to exercise any secrecy, but that the parents
always seemed friendly and Asre always
friendly with them, especially with Mr..
Minks. He and Lizzie frequently had
differances on account of her going with a
man who worked on the railroad, and he
thought that being her lover he should
c mmand her whole attention On this
account Payne had told her that he would
see Mr.. Minks about it.
He told of his encounter with Minks
outside the fence; being knocked down;
struck in the face when down; as he was
getting to his feet Minks leaned toward
him as though to again strike him. when
he drew revolver which was in his coat
pocket and told Minks that If he moved
he would shoot, he denied any recollection
of threats, or the remarks imputed to him
by the States witnesses.
4 Under crOss-examination the Prosecutor
carried him over the incidents OF Friday
and Saturday; be admitted his drinking;
Isending for Lizzie, bis object being to effect
a reconciliation, failing in this be was going
to West Virginia TO work at his trade.
glass blowing, and got the revolver as
protection on the journey. He denied
lcnrsing Mrs. Minks on Friday night pr