Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-06-20

Ihomas make any threat against SEQ
field prior to the killing. Defendants
counsel objected, but objection was
oyerruled and exception noted. Miss
Startling then said that about three
weeks before the killing she heard
Thomas say he expected there might
be trouble between him and scofeId.
Defendants counsel then moved to
fstrike the testimony Of this witness
on the ground that 1t was too vague
Judge wills granted the motion
without further argument. and Miss
Startling was excused.
NJ. 7. Waters.
Testified that he reached the body
Of scofeld from three TO ten minutes
after the shooting, being about seven
ty-five yards from the scene OF the
killing He found scofeId fat on his
back. HIS arms outstretched and pistol
protrudlng from pocket. Several peo-
pie were around the body when he
arrived. He was constable Of the dis.
trict and had been sent for BY the
defendant.
Justice Of Peace Testified,
s. o Barron, Justice of the peace
for the Bell district, was sworn. He
found the body Of deceased in same
position as Constable Waters said he
found It. also the pistol
Justice Barron said he did not know
whether defendant had sent for him
or not, that Constable Waters asked
him 10 go along Thomas said to
him that he was not trying 10 get
away and wanted the matter settled
at once.
The state Rests.
At this point Solicitor Rivers held
an exceedingly brief consultation
with his assistant, Col c, Matheson,
and announced that the State rests"
Judge sgd L. Carter then stated to
the court that he desired q few
moments in which to consult with his
associates, Congressman Frank Clark,
Col, b. "A, Thrasher and Col Evans
Halle, which was granted and the at.
toneys retired with their client 70
one OF the ante rooms,
Upon returning from their consul.
tation counsel for defense called
Herbert whltefsld
AS their frst witness, who testified
that he resided at Bell ON the day OF
the killing OF scoaeld by Thomas.
Witness was at his grandmother's, in
plain view Of defendants house, when
the tragedy occurred He could hear
the conversation between Thomas'and
scoaeld but could not hear all that
was said, He saw Maxey scoheld
standing near Thomas gate and saw
him with his right hand on his
pistol at different times during the
deceased was waving
his left hand at times in gestioulating
manner. He never pulled the pistol
out OF his pocket at any
time, but when Thomas fired he had
it partly out. Witness said he had
lparried a distant cousin Of defend.
ant
John Miller /,
was next called. He was on the
porch OF Thomas house with defend
ant on the day OF the killing He was
AZ work for Thomas and came upon
the porch shortly after Scoheld stop
ped at the gate. sooheld was using
profane language and was angry; the
only obstruction between witness anu
deceased was a picket fence He saw
seoaeld with his right hand on his !
pistol, partly drawn from bis pocket
his left hand resting upon the paling
Witness eorroborated the other eyi.
iences as 20 the words about the :
lies: that Thomas told defendant to {
eave the place. etc: that soohold told [
Thomas 70 set his gun aud set ready 9
( he would not 50 home with him 70 9
20 half way. and they would settle h .
&c was looking straight 10 Scoaeld's {
ACE when Thomas fred tAe shot on I
ross examination witness oonia not 3
as vhelhsr The pistol deceased had E