The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1910-01-21
STORY OF ALLEGED
BARN BURNING IS
TOLD BY DUMMY"
DEAF-MUTE ONLY EYEWITNESS
TO DISASTROUS coNFLAGRA-
TtoN AT BEAR CREEK.
THIRTEEN.YEAR.OID BOZ HELD
Through Medium of Interpreter Court
Learns Of Fitzpatrlck's Actions on
Day the Torch Was Applied-cir-
cumstantiaI Evidence.

Dummy" a negro boy, who has nc
method OF communicating with man
kind except by the sign language was
the star witness in the preliminary
trial of Fred Fitzpatrick Friday after.
noon before Esq. George Hayes.
Deaf ard dumb, unable to read and
write. and wholly unfamiliar with
the deaf and dumb alphabet, this
young negro shed much light upon
the burning of the barn of w. B.
White, on the Ripley Steele place, at
Bear Greek Phosphate mines, crime
that has been charged to Fitzpatrick.
He told, through an interpreter, and
by the sign manual, of Fftzpatrick's
stealing to a hay stack, snatching an
armful of straw, slipping the straw
under his coat until the barn was
reached, then applying the match,
throwing the burning straw into the
building and running rapidly away.
Dummy is said to have no other
name than that which is so expressive
of his Affections. He is known in the
neighborhood where he lives as an
unusually close observer, and is said
to be thoroughly reliable. Whether
or not his testimony will be admitted
in regular court of law is question
yet to pass on as it is very doubtful
if he can be made to understand the
nature of an oath, on account of the
limitations of the sign vocabulary.
Ripley Steele, who acted as inter
prefer for the negro in court, told OF
the evidence that led to Fitzpatrick
arrest. Suspicion had not pointed to
Fitzpatrick, he said until Dummy"
had identified him, and this identified
ton was unique. Fitzpatrick has an
long lower jaw, and by run
ming his hand over his own under Jaw
and extending it far out, Dummy made
it understood that it was Fitzpatrick
whom he had seen use the torch. Then
the tracking began. 1t was believed
that the boy had gone through thick
ct, but Dummy insisted that he had
gone around the thicket. The tracks |
being lost, "Dummy's version was
finally accepted, and it was found that
had passed around and not |
through the thicket. Every time the |
track was lost Dummy pointed out |
where it could be found. He showed |
where the boy had climbed over a
fence, and straw was found at the spot |
which he indicated, this straw cor
with that taken from the
nay stack
While the negro was on the stand,
and in order to test his intelligence,
he court instructed him to leave the
DOM, and for his interpreter to re-
main outside while the negro brought
/ note to Mr. White, who was seated
n the court room. A moment later
he negro entered the room, and with
tut any assistance from any one
walked directly to Mr.. White and de-
ivered the note to him. 1t was dem
that he could be made to
Understand to a remarkable degree,
Fitzpatrick, who swore that he was
tut IS years of age, told an apparently
Straightforward story of his passing
he burn ON the day that it was
urned and coming directly to town.
lie denied that he set the building on
re, or that he stopped near it.
Several witnesses who met Fitz-
atrick on the road testified to the
act, some of this testimony being
avorable to the boy. After hearing
II the evidence, which was purely
If the testimony OF
Dummy" is excluded, Esq Hayes
cid Fitzpatrick to answer to the
rand jury, fixing his bond at $3.50, 4
hich was made.