The interior journal. [volume] (Stanford, Ky.) 1912-1984, 1916-02-25

murder, and tried to borrow gun,
but said that he had refused to let
him have it, and that Estrage then
said he would go home and get his
own gun. He said that he and Gaines
Baugh were the first ones to the
body of Oliver Smith after he was
killed and that they turned the body
over and Smith had a pistol in his
right hand. He took it out of
Smiths hand and took it home.
Mrs. Alice Helm, who lives near
Mrs. Kittrell, testified that Estrage
Afford came to her home about half
an hour before the killing, and pick
ed up a shotgun and saw it was not
loaded and pitched it back; then
went out saying he would get his
own gun and that he was going "to
kill that Sob" She said it was
not very long afterward till the kill
ing took place.
Estelle Walls, who lives on Nc
Baugh, Hughes and Afford talking
on the road outside her home, and
heard voice which she believed was
that of Afford say he was going to
"kill that s-o-b if / can find him. -
Claude Hughes, one of the young
men with Afford in the cart just
before the killing, said that they
had started from Mrs. Kittrcll's
home to Oliver Smiths when the
horse got down, in a mud hole and
Afford got out and went on on foot.
He said that he asked Afford to help
them get the horse up but that AL
ford said he was going on "To kill
that $500" He said that while
they were in the cart Afford shot
the gun once to see if it was loaded.
He said that he and Baugh were
about rs yards away from the scene
of the killing. On cross examina-
ton, when asked if he was intoxica-
ted, he said he had had several
drinks. He denied that he said to
Afford that if he was Afford he
would kill Smith if he did not give up
the whisky. He said that there had
been no threat of prosecution made
him to testify as he did.
Gaines Baugh, who was also in
the cart with Afford, denied some of
the statements made by Hughes. He
said that they had taken Afford in
the cart with them when he came up
with his gon and suggested that they
go to Oliver Smith and get some
whisky. He said that Afford fired
off the gun once but didn't say why
he did it nor did he say anything
about Smith He said Afford said
that he had some whisky at Smiths.
Baugh admitted that he had three or
four drinks, but was not much under
its influence. He said they stopped
at Mrs. Kidwell's and asked for
Smith and when the horse got in a
mudhole Afford got out and walked
fast up the hollow, without saying
word He said in five or six min
utes he heard shot and then heard
Mrs. Smith crying, and. when Afford
came he asked him what he had done,
and Afford told him to go up there
and see. He said that Smith was w.
ing on the ground with his head
pointed up the road toward his home.
He said that Henry Afford, cousin
of the man who did the killing, was
with him and that they were the first
ones to the body. They turned Smith
over and a quart bottle half full of
whisky dropped out of a coat pocket.
He said there was a pistol lying by
the side of the body, but he couldn't
tell whether Smith had hold of it or
not. Henry Afford picked it up. The
coat was hanging over the arm and
the pistol was under the arm. He
said that Henry Afford called to him
to "see that pistol" He said that
before that Afford had made no
statement about killing Smith, Meth
er by threats orr mentioning his
name. When Afford fired the gun
in. the cart, he heard him say that
fired it ''to see if the damn thing
would work" He denied that he had
told Afford to go and get Oliver to
help them get the horse up. Baugh
said that Hughes was drunk at the
time; that he had seen him take three
or four drinks.
John Skidmore, who conducted a
store near the scene of the killing, at
that time, said that he stepped the
distance from the pike to where the
body was and that it was about 1876
yards. He said that the body was
to one side of the road, but blood
from the wound was in the center
of the road.
Stroud Gooch. who help prepare
the remains, said that the wound in
Smiths head was about an inch and
q half behind the right ear, in the
lair. He said a few shot had struck
the ear from behind, and some
seemed to have gone clear through
the head, and were noticeable un-
Ter the skin near the right eve.
This ended the testimony of the |
Commonwealth and Afford, the ac-
used, was put on the stand by the
defense.
Affords Story of the Killing.
Estrage Afford, said that he is the
ION of j. A. Afford, and was born at |
us fathers home on Green River. %
vears ago. He railroaded for five
vears but at the time of the killing
lad not been working on account of !
he crew being laid off, and had been
lelping his father on his farm. AL
ord said he had trouble with Oil
'er. Smith before the killing. Then.
Inder the questioning of Mr.. Flor,
nee, ne detailed his actions on the
sunday when he killed Smith. He
and that he first met Smith about
o'clock that morning at Henry AL
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