|
|
|
|
Evidence: Full Transcript |
|
|
|
J. F. Mathews, US Marshall and witness for the State being first duly sworn, testified as follows in the Circuit Court of Lafayette County during a special December term in 1901. Q. Do you know Will Mathis? A Yes sir. Q Did you know John A. Montgomery in his lifetime? A Yes sir. Q Did you know Hugh Montgomery in his lifetime? A. Yes sir. Q What official position did you hold and do you hold now? A Deputy Marshall of the United States Court. Q Field or Office Deputy? A Office Deputy. Q Tell the jury whether you know of any writ having been issued from the Federal Court for the arrest of Will Mathis at any time within the last month or two? A Yes sir, one was issued Nov. 12th or 13th by the United States Commissioner Mr. Adams. Q In whose hands was that writ placed for execution? A Hugh Montgomery's Q What official position did he hold if any? A Field deputy for the United States Court. Q Where did he live? A In Pontotoc County, near Algoma. Q About what age was the man Hugh Montgomery? A About 25 I think. Q Do you know whether or not John A. Montgomery was a field deputy U.S. Marshall or Special Deputy? A Yes, he was a special deputy -- he was to go with Hugh Montgomery as a guard. Q What day did they leave Oxford for the execution of that writ? A Saturday, the 16th of November., between 2 and 3 o'clock. Q Do you know how far Will Mathis lived from here? A About 12 miles, in Lafayette County Mississippi. Q What was the charge against Mathis? A Distilling. Q Did you have any other business relationship with Hugh Montgomery besides passing the writ to him? A Yes I loaned him a Colts pistol No. 38 calibre. Q Did you ever get that pistol back? A Yes sir several days after that I did. Q What was the condition of that pistol when you got it? A It had a good deal of blood on it. Q Did you ever see Hugh or John A. Montgomery after they left that Saturday afternoon? A Only their remains. Q Did you go to the scene of trouble? A Yes sir. Q About how far is that place from here? A About 12 miles. Q What did you find on arriving there? A The house was burned down and two human bodies in it. Q What was the condition of those bodies? A They were badly burned. Q Who gave you that pistol back? A My father. Q Was that writ ever returned to the office or any report made as to it? A. No sir. No cross examination Mrs. Dan Welch, witness for the State being first duly sworn testified as follows: --- Q You are the wife of Dan Welch? A Yes sir. Q Did you know Mr. John A. Montgomery? A Yes sir. Q Did you know Mr. Hugh Montgomery? A No sir, I never seen him until that evening before they were killed. Q Where did you see them then? A At my own house, they called there. Q For what purpose did they call? A To leave a summons for my husband. Q Did they make any inquiry for anything else? A Mr. John Alex come in and got some water. Q You call Mr. John A. Montgomery -- Mr. John Alex or John Alex? A Yes sir. Q Do you know where he went from there? A To Mr. Mathis'. Q Did he make any inquiry? A Yes sir he asked me the way to go there. Q How far did you live from Will Mathis house? A About _ of a mile I think. Q Did you know Will Mathis well? A Yes sir. Q See if you can see him anywhere in the Court room. A I don't see him now -- but I have seem him since I come in here. Q Probably you are looking too far off? A Yes sir I see him now. Q Where is he? A He is right there (indicating defendant.) Q Tell the jury whether his house was close enough from your house to see? A Yes sir it was in plain view -- we could see anyone walking in the yard. Q How about hearing noises? A I could hear them talk if they were talking loud and I could hear the baby cry. Q After John A. and Hugh Montgomery came to your house what did they do? A They went out and got on their horses and went on over to Mr. Mathis'. Q Did you see them arrive there? A I seen Mr. John A. Montgomery -- I supposed he was the one as he was on the black horse -- I never seen Mr. Hugh go up there. Q But you saw Mr. John Montgomery? A I supposed it was Mr. John -- I couldn't see well enough to be positive it was him but I believe it was him. Q Did you ever see them again? A No sir. Q Did you ever see them after they were dead? A I think I did. Q Did you hear anything that night about the house of Will Mathis? A Yes sir. I heard 2 large guns fire. Q Where were they? A It seemed to me they were at his house. Q What time did those men go down there that evening? A Near about sundown. Q Do you know whether Will Mathis was at his home or not? A No sir I didn't know it but I believed he was there. Q Did you see anything going on about the place -- any work of any kind? A Nothing only him fixing to kill a hog. Q Had you seen Will Mathis shortly before that? A Yes sir I seen him -- he come to our house inquiring for his hog and I told him I hadn't seen it. Q Before you heard the 2 large guns did you hear any other shooting at Mathis' house that night? A No sir. Q Now after the 2 large guns did you hear any shooting over there? A At 2 o'clock in the night I heard 2 more large guns fire. Q Where were they? A They seemed to be at his house. Q Did you see anything with reference to that building that night -- as to its burning or anything of that sort? A No sir, I didn't see anything but a light on the wall at my house. Q Was it shining through the door or the window? A Through the window. Q Did you get up to see what it was? A No sir. Q At day light what did you discover the next morning? A I discovered that Will Mathis' house was burned down -- it was our house but Will Mathis lived in it. Q Did you go over there that morning? A Yes sir. Q Who went with you? A My husband and family and Mr. Roebucks family. Q What did you find on getting over there? A I found two persons burnt up. Q Was Mrs. Roebuck with you? A Yes sir. Q Had the house been entirely consumed or was it still burning? A It was still burning but it was almost all burnt down and nothing left hardly, just fire coals. Q Were the two bodies burning? A Yes sir. Q What did you do if anything to rescue the bodies? A Mrs. Roebuck and myself wanted water poured on the bodies -- and some one spoke up and said they thought it was against the law to go near the bodies -- and I told them that I didn't think that the law would hurt anybody to throw water on the bodies and put out the fire -- and Mrs. Roebuck said yes she would do it if they didn't, so my husband and Mr. Roebuck poured water on the bodies and put out the fire to stop them from burning. Q Could you tell whether or not they were human bodies? A Yes sir I think they were. Q Did you see the bodies removed? A Yes sir. Q What direction did that house face? A South -- the shed room was on the West and the dining room on the North. Q How many chimneys? A One chimney -- it was in the large room. Q How many doors in that room? A Three. One into the end room and one on the South side and one into the dining room. Q Were there any outside doors to the side rooms? A There was an outside door to the dining room. Q That opened North? A Yes sir. Q Did you ever see Mr. Will Mathis anymore after that house was burnt? A No sir. Q Where were the bodies lying with reference to the large room? A It seemed to me that Mr. Hugh had just started to the front door and might have been shot back and he just fell back. Q How close were his feet to the door? A Tolerable close. Q Where was Mr. John A. Montgomery's body lying? A He was lying back a little ways from Mr. Hugh. Q About how far? A About as far as that little rise there (jury box) Q Were there any clothes on either of the bodies? A Yes sir there were clothes on them -- I think they had on all their clothes but they were badly burnt. Q Was there anything on top of them at all? A There was straw on Mr. John A. Montgomery. Q Was it entirely consumed or still burning? A Still burning -- just the ashes. Q When you first got there could you tell whether there was but one body there? A No sir, not hardly. Q What did you do before you discovered the second one? A Someone drew water and poured on Mr. John A. and I don't know who first discovered Mr. Hugh Montgomery. Cross Examination Q Did these officers tell you their business out there? A They brought a summons to my husband. Q Did they say anything about Will Mathis? A They said they was going over there. Q Did they say what for? A No sir. Not particular. Q Did they say in a general way what they were going after him about? A No sir, I don't think they did. I don't remember. Original Questions Q Do you remember what the date of this occurrence was? A It was in November of last year -- last November. Q In what County and State? A Lafayette County, Miss. Q And in November 1901? A Yes sir. Q Was there anything said at all by the Montgomery's about the state of feeling existing between John A. Montgomery and Will Mathis? A No sir not a word. Q Was there anything said as to the friendship existing between them? A No sir. Q How late did you stay up that night? A Ten o'clock Q And the two shots occurred before you retired? A Yes sir. Q About what time? A Between nine and ten -- nearer ten. Q How many shots did you hear? A Two. Q Did both sound the same? A Yes sir. Q How quick in succession were they? A Tolerably quick. Q Was there as much as a minute or two between them? A There might have been. Q They were fired far enough apart for you to distinguish that there were two? A Yes sir. Q Was it the sound of a pistol -- shot gun or rifle? A I don't know -- it was just a large sound. Q It didn't sound like a pistol then? A No sir, it wasn't a pistol. Q Or rifle? A I couldn't say about a rifle -- for I don't know anything about guns much. Q Did you get up and go to the door or window to see? A No sir. Q Did you have any conversation with the officers about the negro Orlando Lester? A No sir. Q You say you saw the bodies of Mr. John A. Montgomery and Mr. Hugh Montgomery in the ashes? A Of course at the time we didn't know who it was but since everything has gone like it has I believe it was them, Q You saw no marks of identification on them? A No sir but I believe it was them. Q You just saw two human bodies? A Yes sir. Q Did you hear any shots at all before you heard the big guns? A No sir. Q You did hear more shots later on in the night? A Yes sir, two more large guns about the same size noise as the others. Q Did you hear any more shots that night? A Not until about 3 o'clock in the morning. Q How many did you hear then? A It seemed to me several pistols. Q Had you prior to that heard any conversation in the neighborhood as to the killing of some negroes and who were charged with killing them? A I heard the negroes were killed but not who killed them. Q Had you heard in a general way of any suspicion of anybody? Counsel State Objected: -- By the State: -- I. Question Q The officers said nothing to you about looking for anybody except Mathis did they? A No sir. Q Were people out there looking for the officers to come out to investigate the matter? A I wasn't looking for any. Q You don't know of anybody else who were looking for them do you? A No sir. Q Did you say those bodies had clothes on? A They seemed to have clothes on but burnt badly -- I didn't see the cloth on their bodies but I heard others say ------- Counsel State Objected -- Objection sustained. Redirect Examination Q Knock on the table giving your idea how close together those two shots were . A Knock ----knock (three or four seconds between) Orlando Lester, witness for the State being first duly sworn testified as follows: Q Do you know Will Mathis? A Yes sir. Q Did you know John A. Montgomery? A Yes sir. Q Is he living or dead? A Dead I suppose. Q Do you know? A Yes sir. Q Did you know Mr. Hugh Montgomery? A No sir I didn't know him. Q You have seen him have you? A Yes sir. Q Where? A At Mr. Mathis'. Q When? A On November the 16th. Q Who came there with him? A Mr. John A. Montgomery. Q What time of day did they get there? A About an hour by sun. Q What were you doing there? A Helping Mr. Mathis kill a hog. Q Did you live with Mr. Mathis? A No sir. Q With whom did you live? A Mr. Owens. Q What did they come there for? A To arrest him I suppose. Q Mr. Mathis? A Yes sir. Q Did they arrest him? A I don't know whether they did or not. Q Did you hear them talk with Mr. Mathis with reference to the arrest? A I heard something said with reference to going to town. Q Did they go that evening? A No sir. Q Did they go at all? A No sir, I suppose not. Q You suppose not? Don't you know they didn't? A I know they didn't go that night. Q State to the jury in as clear a way as you can what happened after John A. Montgomery and Hugh Montgomery got to Will Mathis on the evening of November the 16th 1901? A After they got there Mr. Mathis asked them to stay all night with him that night -- he said he didn't care to come to town that night but wanted them to wait until morning to give him a chance to make bond without having to go to jail. Q What did they say to that? A Mr. John said he didn't care he says "Hugh it is just with you Mr. Hugh said I don't know Will I had some business off somewhere I wanted to tend to -- (I don't know where it was he said) Mr. John said it is with you Hugh -- it don't make no difference with me -- the man has got his hog down here and it is in bad shape to leave tonight -- then Mr. Hugh said I don't care I will stay -- I can go tomorrow night on the train." Then Mr. Mathis went on helping me clean the hog -- after we got the hair off he hope to hang it up and he went in the house and made a fire and asked them in the house. He come out and told me about the time I got through cleaning the hog wanted me to off and get his gun -- Q Where did he say he wanted you to go? A Down to Mr. Owens. Q Whit Owens? A Yes sir, I asked him what he was going to do with it and he told me after a while -- so he went back in the house and come back out there again and told me what he wanted with the gun. Q What did he say he wanted with it? A He said he wanted to kill them fellows there and then he told me to go and get George Masks gun and tell Mr. Owens to come and bring his gun. Q Did you get Mr. Owens gun? A No sir. Q Did you get any gun? A Yes sir. Q Whose? A George Masks. Q Where did you get it? A Out of the rack at his house. Q Did you ask for it? A No sir. Q Did you see him? A No sir. Q Was he at home? A No sir. Q Did you ask any member of his family for it? A No sir. Q When you got his gun where did you go? A Back by Mr. Owens and back to Mr. Mathis'. Q When you went to Mr. Owens what did you do there? A I didn't do anything, only stood there and talked with him a few minutes. Q Tell what was said. A He asked me if I got the gun and I told him I did and he told me to tell Mr. Mathis he couldn't go. Q Why? A He said if he would go away his wife would alarm the county. Q What did you do then? A I went and carried him the gun. Q Did you get anything at Mr. Owens? A No sir. Q Did you have any shells with the gun when you got it? A Yes sir. Q How many? A Two. Q How many did you carry to Will Mathis? A Two. Q How many more? A That's all. Q Did Mr. Owens see those shells? A No sir. Q He didn't see them? A No sir. Q Didn't you state yesterday in your own trial that he did see them? A I don't know whether I did or not. Q Did you show Mr. Owens the shells at all? A No sir. Q What did you do when you left there? A Went on and carried the gun. Q Carried who the gun? A Will Mathis. Q State to the jury what time you got back to Mr. Mathis house? A I don't know -- they was eating supper. Q Who? A Mr. Mathis and Bill Jackson and them two officers. Q So Bill Jackson was there when you got back? A Yes sir. Q After you got back and supper was over what was done? A Mr. Mathis and Mr. Jackson had a talk -- I went on and cut the hog up and I told him that I had done cut the hog up and asked him what must I do with it and he told me to bring it on in and spread it out on the table and I carried it in and spread it out and told him it was in there and he said alright then. Mr. Jackson got up then to go home I think and he come out to where I was at the pot and Mr. Mathis went back in the house and Mr. Jackson stood there and talked to me a while and then Mr. Mathis come back out there and told us he had done got them fellows off to bed now; him and Mr. Jackson went out to the lot and then I think and Mr. Mathis told me to go out there and get a jug of his he wanted to get some whiskey for Mr. Jackson and I got the jug and he filled up the bottles for Mr. Jackson. Q Then what occurred? A After he filled up the bottles he didn't have no stoppers and he told me to go and get some stoppers for Mr. Jacksons bottles and I went and got them. Q What kind of stoppers? A Cob stoppers. Q Where did you get them? A In the side room. Q Who were in that room? A John and Hugh Montgomery. Q You went in there with what? A A lamp. Q How many lamps were in that house? A Only one. Q Where did you go with that lamp? A In the room where the officers were. Q From where? A From the big room. Q The living room? A Yes sir. Q What occurred when you went in there with the lamp? A I went in and got the cobs and started out and Mr. Jackson and Mr. Mathis were at the door. Q What occurred? A They told them fellows they was after them -- they says "I come after you now -- give up -- raise your hands if you don't I am going to shoot you" and they didn't say nothing and didn't raise their hands and they shot them. Q Who shot them? A Mathis and Jackson. Q Will Mathis and William Jackson? A Yes sir. Q What did they shoot them with? A Breech loader and winchester. Q Where were those men when they were shot? A In the bed. Q Were they dressed or undressed? A Undressed. Q Did they kill them or not? A I suppose it killed them. Q Did you see them afterward? A Yes sir. Q Did they ever get out of the bed? A No sir. Q After the killing what was done? A Mr. Mathis told his wife to get up he wanted her to go to her fathers. Q Is Whit Owens her father? A Yes sir. Q What did she do? A She got up and fixed to go. Q Who went with her? A I and Mr. Mathis. Q Then what did you do? A Mr. Mathis and his wife went in the house when we got to Mr. Owens, I did not go in. Q Then what? A He come back out and told me he wanted me to go back up to his house with him and told me to go and get Mr. Owens shovel. Q Did you go get it? A Yes sir. Q What did you do with it? A I carried it back down and give it to Mr. Mathis and he carried it back up to his house. Q Who went with him? A I and Mr. Owens. Q When you all got up there what did you do? A I didn't do anything. Only went in the house him and I and Mr. Owens. Q Was the lamp lighted all that time? A No sir. Q How far was it from Will Mathis house to Whit Owens? A A mile and a half. Q How far from Whit Owens to George Masks? A About half a mile. Q How far out of the way was it in coming back from George Masks to go by Whit Owens in going to Mathis house. A It wasn't any out of the way hardly. Q When you got back up to the Mathis house did you see those men? A Yes sir. Q Where were they? A In the bed. Q What did you do then -- all of you? A I didn't do anything -- Mr. Mathis went and got their pistols out of the bed. Q How did he get them? A He went and turned the cover back and taken them out of the bed. Q Tell the jury the condition the bed was in. A I don't know I never noticed particular. Q Did you see any blood? A Yes sir. Q Where were those men shot? A I don't know -- it looked to me like they were both shot in the head. Q Did you look for any wounds anywhere else on them? A No sir. Q What was done then? A Mr. Mathis drug them off on the floor into the other room. Q They were in the side room? A Yes sir. Q When he pulled them off onto the floor what did he do with them? A He pulled the bed mattress off on them. Q Then what? A He bundled up some clothes there and told me and Mr. Owens to carry them back with us. Q Anything else? A Yes sir a feather mattress and some quilts. Q Did you carry anything else back -- a gun or anything of the sort? A Yes sir I carried the winchester. Q What did you do with George Masks gun? A It was down at Mr. Owens. Q You left it there after the shooting the first trip down there? A Yes sir. Q When he got the bed clothing pulled off on the men what did he then do? A He cut the straw mattress open with his knife and set it afire with the broom. Q Where did he get the fire? A Out of the fire place. A You mean he stuck the broom in the fire place and then stuck it to the straw mattress? A Yes sir. Q Then what? A Wasn't anything only me and Mr. Owens went on back to his house and Mr. Mathis got the horses and left. Q Where were the horses? A In the stables -- they had been put up and fed. Q Did you see Mathis when he left there with the horses? A Yes sir. Q How did he leave? A He went riding off -- riding one and leading the other. Cross examination Q Do you know that this is not your case being tried? A Yes sir. Q Do you know that anything said here can not be used against you any further? A Yes sir. Q Is what you are telling the truth? A Yes sir. Q Have you told it all just as it occurred? A Yes sir. Q Haven't changed it any? A I suppose not. Q Or from the way you told it yesterday? A I think not. Q Have you made the same statement all the time? A I think I have Q You didn't make any different statement to Mrs. Standifer in the jail? A Yes sir I suppose I did. Q Don't you know you did? A Yes sir. Q What did you tell her? A She asked me if I done the shooting and I told her I did. Q What made you tell her that -- was that the truth? A No sir. Q What made you tell a story then? A Mr. Mathis told me to tell her. Q You will do anything he tells you to do will you? A No sir I wouldn't do anything he told me to do. Q Were you afraid of him? A No sir. Q You just did it for accommodation then? A He told me if I did that that would clear him and he would get out would take me out. Q You believed that did you? A I didn't know. Q You thought you would run the risk. No answer Q Who are you trying to clear now? You can't clear yourself? A I aint trying to clear anyone. Q You are not working under anybody elses influence now? A No sir. Q Nobody has got you to tell this tale you are telling this evening? No Answer Q How about that? A No sir I guess not. Q Are you sure of it? A Yes sir. Q Didn't you say yesterday in your own trial that Mr. Owens gave you some shells? A Yes sir I said that. Q Why did you say that then? A I don't know. Q Just for fun? A I don't know. Q Did you have anything different to make you tell the truth yesterday from what you have today? A No sir I guess not. Q Didn't you make a drawing showing the position of the house and the men in the bed yourself with the gun holding it? A Yes sir. Q At whose instance did you make that? A Mr. Mathis. Q Didn't you know when you drew that and made that statement and admitted the killing that it would affect your case? A No sir. Q You have no motive then for anything yesterday? A I don' understand. Q Have you any reason for saying what you do beside telling the truth this evening? Has anybody told you they would get you out if you would tell this tale A No sir. Q Or keep you from being hung? A No sir. Q How many different statements have you made about this thing? A I don't know sir. Q No more than three or four have you? A I don't know whether I have made that many. Q You have admitted making three haven't you? A I don't know as I have. Q You admitted that you told Mrs. Standifer a different tale and you admitted that you told a different tale yesterday in your trial and the one you told this evening makes three? A Yes sir. Q What made you go after that gun? A Mr. Mathis told me to go after it. Q Was that the only reason? A Yes sir. Q Where did he tell you to go? A He told me to go to Mr. Owens and to George Masks'. Q What did Mr. Owens tell you when you got to his house? A He didn't tell me anything -- only told me to go ahead and wait until I come back and he would tell me more about it. Q More about what? A More about going back up there. Q When you come back what did he tell you? A He told me to tell Mr. Mathis he couldn't come -- he said his folks would alarm the county. Q Did he give you anything to take back to Mr. Mathis? A No sir. Q You sure of that? A Yes sir. Q Positive are you? A Yes sir. Q You were just as positive yesterday that he did give you something to take back weren't you? A No sir he didn't give me nothing. Q Were you and Will Mathis on good terms? A Yes sir I suppose so. Q What made that cut across the back of your coat? A Mr. Mathis cut it. Q What for? A Just because he wanted to I reckon. Q Had you done anything? A No sir. Q Did you ever call him a lie? A No sir. Q Had Mr. Mathis ever whipped you before that? A No sir. Q Nor given you a beating? A No sir. Q When you got back with the gun what did you do? A I stood around there and waited until he come out. Q What happened when you were standing around waiting? A Didn't anything only he come out and I called him and he snatched his pistol and shot. Q Did he shoot at you? A I don't know. Q What else was done? A He come out there and said he just done that to get those men to come out there so he could kill them out there. Q Is that all? A He told me to cut up some wood for him and he taken the gun and went in the house. Q What about his dog? A He turned the dog loose. Q What did you do then? A I never done nothing. Q Didn't you run? A No sir. Q Did the dog get hold of you? A No sir. Q Why not? A The dog knowed I was there and never paid no more attention to me. Q Didn't you go up there snapping the gun? A No sir. Q Hadn't you violated the law? A No sir. Q You didn't think then that those officers came after you? A No sir. Q Did Mr. Mathis tell you they came after you? A No sir. Q Did he tell you anything they said about you? A No sir -- he said they asked him who was I? Q What did he tell them? A He said he told them I was Therykill. Q Didn't he tell you they were looking for you? A No sir. Q What was your reason for taking part in this thing -- going after the gun and coming back and carrying off the clothes and all that? A Mr. Mathis told me to . Q You would do anything he told you at that time? A No sir I don't know that I would do anything. Q Did you refuse to do anything he told you? A I don't know. Q You don't remember anything that you refused to do? A I don't know sir. Original Questions -- Q You spoke of Mathis taking the pistols out of the bed what was the condition of those pistols? A Bloody. Q What else did they take? A They taken the watch. Q Whose watch? A I don't know -- he got it out of one of them vest pockets. Q What kind of watch? A Kinder gold looking watch. Q Anything else? A Yes sir some money and some cartridges. Q What else? A That is all. Q Do you know whether Hugh Montgomery had on a ring or not? A Nothing only I heard Mathis say something about a ring. Q Do you know what became of it? A No sir. Q Did you hear Mathis say anything about what he wanted done with the watch? A No sir. Q What did he do with it when he took it out of the vest pocket? A I don't know. Q Who do you say now did the shooting? A I told you while ago Mr. Mathis and Jackson. Q Where were you? A There in the room. Q What did you have in your hands? A The lamp, and some cobs in the other hand. Q Which one of the three statements you have made is the truth? The one you told Mrs. Standifer or the one you told yesterday or the one you tell today? A I told the same one yesterday I am telling today? Q Exactly? A I think I have. Q When you were on the witness stand in the Coroners inquest did you make the same statement there you make here? A I don't know. Q You don't remember what you said there do you? A No sir not all I said. Q Yet you remember these things just as they occurred? A Yes sir. Q How many shots were fired with that shot gun? A I don't know -- only one I reckon. Q How many with the rifle? A Only one I reckon. Q How many with the pistol? A When Mr. Mathis shot at me? Q No in the house? A There wasn't any with the pistol in the house that I know of. Shell Vines, witness for the State being first duly sworn testified as follows: Q Do you know Will Mathis? A Yes sir. Q Did you see him a short time after the killing of the 2 Montgomerys? A Yes sir I saw him the next day at my brother Kin Vines'. Q Did he make any statement to you about that matter? A Yes sir he said something about the matter. By the Court -- See how come the statement to be made first? Q You are not an officer? A No sir. Q Did you know at that time of the killing or burning of the house? A No sir. Q Had you offered him any inducement or made any threat against him? A No sir. Q Was the statement he made voluntary? A Yes sir. Q Now state what he said to you? A He come and wanted me to swear that he stayed at my brothers where I saw him, on Saturday night. Q Was that the night the house was burnt? A Yes sir -- I asked him what for and he said the Revenuers had come in on him and that he give them a "high ball" and got away and I told him they would take him up as he was under bond for his appearance at Court and he said he didn't want to go to jail and he would stay away from the officers and not go in jail till Court come up and I told him there was no use in me swearing that for I didn't know where he stayed last night and I told him I never saw you until just awhile ago and then he said that wasn't all of it and I asked him again what had he done that he wanted me to make such testimony and he didn't say -- he said his house might have burnt up the night before and that the damn sons of bitches were in it. Q Was that the first information you had of it? A Yes sir. Cross Examination Q Have you seen any of the Jacksons since that occurrence? A Yes sir. Q Have you talked with them? A Yes sir I talked with the one that come from Texas yesterday. Q Did you talk about this occurrence? A No sir. Q You have talked to none of the Jacksons about this affair or these confessions? A No sir I have not. Q Is there anything you have failed to tell that Mathis said to you? A I don't recollect anything else. He said they come in on him while he was cleaning a hog and that Bill Jackson was there -- he said he asked Jackson to help his wife dress the hog that he was going to step off and then he said his wife come to where he was and he told her to go get his pistol and bring it to him that he was going to get away and he said she went back and opened the bureau drawers and wrapped it up in the babys clothes and brought it to him and then he told her to get ready and he would carry her to her fathers and that she come back and he carried her. Q Did he say whether or not the officers were killed? A No sir he said it might have been. Q No didn't say he killed them? A No sir. Q Did Mathis say anything to you about the negroes difficulty or being afraid the officers were after him? A No sir not that I recollect -- I wouldn't firmly say he didn't. Q Are you related in any way to the Jacksons? A I reckon not -- my brother married Bill Jacksons daughter. Redirect examination Q What kind of ball did you say he said he give them? A High ball. George Jackson, witness for the State being first duly sworn testified as follows: -- Q Do you know Will Mathis? A Yes sir. Q Do you remember seeing Mr. Mathis about the 17th of last November? A I don't remember the date. Q Do you remember hearing of the burning of Mathis house and the killing of the two officers? A Yes sir. Q How soon after that did you see him? A That night -- a while before day next morning. Q Where? A At my mothers house. Q Did you live there with her? A Yes sir. Q What time? A About an hour before day. Q How come you to see him? A He come to our house, and hollered at the gate. Q Did you go out to him? A I was sleeping in the back room and my youngest brother heard him and got up and went out and he asked was I at home and my brother told him yes By the Court: -- Did you hear that? No Sir. Q Did you get up and go out to Mathis? A Yes sir. Q Tell what he said to you in that conversation? A When I got out there he spoke to me and I to him and I says Will what the devil are you doing here this time of night so sorter laughed a little and says George I am in trouble and I says what about -- he seemed he didn't want to tell me much and he says can you do anything for me or will you and I says I always do all I can for a friend -- I told him to tell me what was the matter -- he seemed he didn't much want to tell me but he finally told me what had happened. Q Give his language as near as you can. Counsel Deft: -- Did you tell him to tell you about it or did you insist on his telling you about it -- that is he was reluctant to tell you and you urged him to tell you? A Yes sir. Q You told him you would befriend him? A I told him if I could do anything for him I would always do all I could for him. By the Court: -- Was that all that occurred? A No sir. By the Court: -- Was that all the conversation before he told you? A Yes sir. By the Court: -- Did he ask you about doing anything for him? A Not until he told me there was some trouble up and I insisted on him telling me to find out what was the matter. Q What did you tell him about doing anything for him? A It seemed like he wanted to tell me and yet didn't want to tell and I allowed from what he said something was up. Q You are not an officer of the law? A No sir. Counsel Deft: -- Objected as incompetent -- confession not being voluntary -- Q Now go on and detail the conversation as near as you can? A He told me Mr. Hugh and Mr. John A. Montgomery come to his house late that evening and arrested him and was going to take him to town and that he had a hog killed and was cleaning it and that him and Mr. Hugh had a talk and he finally got them to wait until the next morning and he was to go to town with them the next morning -- he said him and High had a private talk and that he told Hugh about some kettles being there in that neighborhood. Q What sort of kettles? A Something they make whiskey in. Q Go ahead now? A He said he told Hugh that Mr. Jim Pilcher had a kettle, and Franc Jackson, and Hennell Sigler had some beer but he didn't know whether they were at work or not. Counsel Deft: -- Objected &endash;Objection sustained. Q Tell us what he said about the killing? A He told me it was understood with him and the negro to kill those men and he said the negro was to do the shooting but he said when the time come for them to do the work he said the damn negro give down and that he had to do the shooting himself -- he said he shot Hugh Montgomery first right in the mouth he thought and that he had to shoot John A. Montgomery twice -- he said the first time he shot him he didn't know for certain whether he hit him or not and that he shot him the second shot -- and he said after he killed these men he taken his wife and little chap and they went down to Whit Owens and said "did you do that sure enough -- Counsel State: -- Objection &endash; Objection sustained. Q What did he say when he returned? A He said that he decided to burn the men up and that they had bled on the bed clothes and in the house and he decided he had better burn them up too -- and he said he taken them by the heels and drug them off the bed onto the floor and put the straw mattress on top of them and then split the mattress open and stuck fire to it and shut the door and went out and left. Q What did he say, if anything about any pistols they had? A He said he got them -- said they had three. Q Did you see them? A Yes sir. Q Did you examine them? A Yes sir. Q What condition were they in? A They had some blood on them. Q What became of those pistols? A He let me have them. Q Did he point out either of them as any special property of the Montgomerys? A Yes sir -- he said the one that had the piece broke off the handle was his and said that Hugh Montgomery had that one. Q What about the others? A I don't know that he told me whose they were -- they were right new. Q What kind of handles? A Black -- gutta percha. Q What make? A Colts -- 38 I think. Q What became of those pistols? A I took them and hid them and told John Welch where they was -- they agree to risk John Welch to go and get them -- and I told him where they were hid and he went off and got them. Q Did you see them after he brought them in? A Yes sir. Q Was Will Mathis riding or walking the night he came to your houes? A Riding. Q Did he have anything else beside the pistols? A He had some money. Q Did he tell you where he got it? A Yes sir -- off them men. Q Did he tell you how much he got off each man? A No sir -- he didn't have but very little. Q Did he have a knife and some cartridges? A Yes sir he had a knife. Q Did he say who he got that from? A I think Mr. Hugh. Q What became of it? A I put it away too and they got it. Q Do you know what horse Will Mathis had when he came to your house? A He said it was the one Mr. Hugh Montgomery was riding. Q What did he do with it? A He carried it up close to Curdie Halls and left it with the bridle up on the saddle. Q And the saddle on the horse? A Yes sir. Q Did he make any statement to you as to what he had done with the other horse? A He said he left it over close to Jim Mathis'. Q What was the color of the one left near Halls? A Grey. Q Where did you go then? A To Bill Jacksons. Q Where did Mathis go? A He went too but he stayed out behind the store until I went down to Bill Jacksons and got him to come up where he was. Q Then where did he go? A Over in dog town. Q Sis you all keep out of the way of people and the houses by going through the woods? A We didn't go by nobodys house -- we stayed out of the way as much as possible. Q For how long? A Plum on till we over to Vines. Q How long before he was arrested? A That was Sunday -- he was arrested on Wednesday. Q How many days were you out with him? A Plum until Wednesday morning. Q Was he dodging all the time? A He was trying to keep out of the way all he could. Q Was there anybody in pursuit of him? A Not that we knowed of but we thought it. Q You found out when? Q When I struck up with these men in the road on Wednesday morning. Q Where did you leave Mathis? A Down in the botton -- Yocona bottom. Q Did he say where he was going? A Yes sir -- he said he was going to Mr. Samelbards -- he wanted to get some of the boys to go over to Mr. Owens and find out what the people had decided about the men being killed. Q And whether they were after him or not. A Yes sir. Cross examination Q Did you say you buried the pistols? A No sir I hid them under a clay root. Q Did the men force you to tell them where they were? A They asked me and I told -- there was a crowd of them and they was talking every which way and I told them. Q Without any further provocation? A Yes sir. Q Didn't they tell you what they would do to you if you didn't tell them? A They was talking pretty rough and I told them -- they never even asked me about the knife and cartridges but I told them. Q When they got to talking pretty rough you told them the whole thing? A Yes sir. Q Did you see a rope anywhere? A No Sir. Q Why did you hide the pistols? A I hid them because I knowed they would be called for and I wanted them where nobody else could get them and I had no chance to put them in a safer place at that time. Q Was there nobody you could give them to to keep? A Of course I could -- but me and Mathis was out and wasn't with nobody. Q What kin are you to Bill Jackson? A Brothers they say. Q He is now under arrest and indicted for the same offense as is Mathis. A I don't know that it is for the same -- he is under arrest for it. Q Have you ever been convicted of any crime? A No sir. Q Haven't you been convicted for illicit distilling? A No sir. Q Are you under bond for illicit distilling now ? State Objected -- Sustained. Q Are you and the defendant on good terms now? A We never had any trouble in our lives. Q You haven't any prejudices against him for testifying against your brother? A No sir -- Mr. Mathis is a man I never had any dealings with much -- he was always good and kind to me - we pass and repass and never had any trouble in our lives. Q How far did you live from him? A Three or 4 miles. Q How far from Whit Owens? A 6 or 7 miles. Q Are you and Whit Owens on good terms? A Yes sir. Q Close friends are you not? A Yes sir. Q Have you been to the jail to see him? A Yes sir. Q Been in his cell and talked with him have you not? A Yes sir. Dr. P. W. Rowland, witness for the State being first duly sworn testified as follows: -- Q Are you a practicing physician? A Yes sir. Q How long have you been practicing? A About 20 years. Q You have a license to practice in this State? A Yes sir. Q Were you called upon with other physicians to perform an autopsy on the remains of John A Montgomery? A Yes sir. Q Do you remember the date? A Sometime in November last. Q Tell the jury what you found from your examination? A The trunk of the body was the only part left intact -- the legs were off about half way between the knee and hip joint -- the entire body was very much charred -- the back of the skull was off -- the lower jaw and part of the upper jaw was present with a few of the teeth -- the arms were contracted in this fashion - (drawn) - the fingers off and the spinal column thrown back -- this bone here seemed to have been cut (arm) with a sharp instrument -- the was a violent contraction of all the muscles remaining, especially the arms and abdomen. After the abdomen was opened -- we found an opening in the stomach which was supposed to have been made by some sort of gun shot wound. Q Could you tell the direction of that wound? A No sir. Q Did you find any charred holes in the trunk that had burned in to the inside? A Yes sir -- on the right side just under the arm the ribs were burned into. Q Were the ribs broken? A Yes sir the ribs on the left side were intact. Q On the left side were there any holes though the trunk into the cavity? A No sir I think not. Q Where was the hole you decided was a gun shot wound? A Directly over the stomach -- the diaphram was torn apart -- part of it lying directly over the wound -- it seemed to have been torn by a missile. Q What is the diaphram? A It is a muscular membrane which separates the contents of the abdomen from the contents of the chest -- lying from the ribs across the spinal column. Q What was the condition of the stomach? A There was a hole in the stomach about the size of a dollar and the contents of the stomach had come out -- we found some character of food in the tube leading from the throat into the stomach -- it resembled meal or corn bread. Q Was it digested? A No sir. Q What did that indicate? A That he had eaten it in a short time before his death. Q Finding it in the throat what did that indicate? A One of two things -- he might have been shot while eating or he vomited after he was shot -- either would have left food in the tube. Q Was the stomach in such a condition that it could have ejected anything from it? A I think it could. Q How long does food have to lie in the stomach before digesting begins? A A. It depends on the kind of food -- from 2 and a half to 3 or 4 hours. Q Did you attempt to trace the missile as it passed through the stomach? A Yes sir. Q Did you see any wound in the liver? A I think not -- the spleen was wounded -- the membrane covering the spleen was torn -- and we thought one of the kidneys was torn. Q What direction, judgeing from the different parts that were wounded -- what was the general course of the missile that passed through him? A My idea was that it was from right to left and from above downward. Q Could you tell without seeing the entrance and exit of a wound where it went in or where it came out? A No sir. Q And the entrance and exit of the wound was charred? A Yes sir. Q Wasn't it as likely to have passed in at the left side ranged upward and come out above? A I think so -- there was no possible way of telling where it went in or came out. Q Did you find any shot in the body? A No sir. No cross examination Mrs. Jennie Standifer, witness for the State being first duly sworn testified as follows: -- Q Have you ever seen Will Mathis? A Yes sir I saw him in the County jail here in Oxford. Q When? A Saturday afternoon after the killing of the Montgomerys. Q Tell the jury in what capacity you were acting when you saw him? A I was acting as correspondent for the New Orleans Picaune -- they telegraphed me to get a sketch of his life from him if possible and I did so. Q You are not an officer of the law? A No sir. Q You used no threats or persuasion to make him tell you anything? A No sir. Q Did you make him any promises or hold out any promise or reward? A No sir. Q Tell the jury what he said about his connection with the killing? A He volunteered the statement that he didn't do the killing he said that Orlandus Lester did it -- he said he could have prevented it if he had wanted to but that he did not do the shooting -- he repeated that several times. Q What part did he say he did? A I didn't ask him -- I asked him where he was born and who his father and mother were and about his carreer in life. Q Did he say whether or not he was armed? A I asked him if he was drunk on the evening of the killing -- he said he was pretty full of whisky that he had been drinking all the afternoon but that he wasn't so full that he didn't know what he was doing and that he treated them right and got them to stay. Q Did he say he was present when the killings occurred? A No sir. Q Have you got it in print as to what he did say? A It is in the Eagle that was mentioned here yesterday. Q He told you that he could have prevented it if he had wanted to ? A Yes sir. Q Was there anything said by him about the light -- as to who held the light? A I think he said he held the lamp but I am not certain -- but I am certain that he said he did not do the shooting -- he said Hugh Montgomery had mistreated him and threatened his life and that others had threatened his life and that he carried a pistol and was oblige to carry it and that Hugh Montgomery had taken this pistol away from him and that he had paid $20.00 for it and that that was what the fuss was about. Cross examination Q Did he say anything in that conversation about shooting at the negro? A No sir. Q Did he tell you to ask the negro anything? A Yes sir he told me to ask the negro if he didn't do the shooting and that the negro would tell the truth about it. State Closed Will Mathis, witness for the defense being first duly sworn testified as follows: &endash; Q Tell the jury just what happened on the occasion of November the 16th? A On Nov. 16th Mr. Hugh Montgomery and Mr. John A. Montgomery come to my house about sundown, and arrested me -- Mr. Hugh read the indictment to me, I had just killed a hog and scalded it and was scraping the hair off, I asked him to stay until I got my hog cleaned -- I told him I could go now -- but I would like for him to let me get my hog fixed up -- Mr. John A. Montgomery said "Of course we will stay and I asked Bill Jackson would he go on my bond and also go and get Toy Moore. Mr. John A. said it is just with Hugh about staying all night -- Hugh said I ought to go back to town -- Mr. John says I will stay here and you can go back -- he says I ain't a skeered to stay with Will -- Hugh decided to stay too -- They asked me the negroes name and I told them Threlkill -- Hugh asked if he was a brother of Bob and Frank Threlkill &endash; the negro decided they were after him so he slipped off and got the gun -- after supper I stepped out and the negro said "shoo" I thought he said shoot -- so I thought there was two of them there aiming to kill me -- so I shot and then turned my dog loose and he run the negro up a sapling -- he pitched the gun over behind some briars -- he told me he had been all around the house trying to get a chance to kill the men but couldn't do it because he might shoot one of us -- he come down and I made him cut up the hog and cut some wood -- he told me what his aim was and I says "You damn black rascal you aint going to do no such thing, I says John A. Montgomery is going to be a good witness in the counterfeiting business they got against me and you shall not hurt them. He said Mr. Owens told me to do it -- an he said Miss Cordie oughtn't Will let me do it, and she says "No he oughtn't Will knows his business better than Pa. So Bill Jackson got ready to leave and he went out and got his mule and the negro got his gun and started too. So I went in the house and asked the men if they wanted to lay down and they said they believed they did, so I took the lamp and went in the side room with them and they pulled off their clothes, Hugh had the pistol he took from me, and I seen it; I asked him about it a time or two, I asked him that night, Hugh said Mack Adams took it to Washington, so when he pulled off his coat and pulled off his pistol and put it under his pillow, I saw it; Mr. John A. Montgomery had done got in the bed, I says to Hugh let me see that pistol, and he says no that is mine, I says that is my property and Hugh says no it s not I called Hugh a damn lie, he reached back for his pistol, and says I will take you to town right now, he said get up John A. and about that time the negro heard us and run in with the gun and shot the men, after he shot them I told my wife to get up, I didn't want to witness no such thing, the negro asked me to help bury them and I told him I aint going to do no such thing, I haven't got anything to do with it, I am going to leave here, I went and got my pistol and by then, the men had been drug off on the floor. All three of the pistols were lying on the bed, I picked them up and put them in my pocket and I picked up a book with $3.00 in it lying on the bed and put it in my pocket and left them lying there -- I never had a thing to do with it -- all I did was taken the pistols after the men were done killed and drug out on the floor. I went on with to George Jackson's and he went with me to Curdie Halls -- who is a cousin of Hugh Montgomery -- I says to George he will know Hughs horse so I will take it up there and turn it loose so Curdie will get it -- I told Jackson about the negro killing them and about his fixing to burn them -- I never toted out anything but a feather mattress -- the negro started to throw some fire on it and Mr. Owens told him to stop. Q You heard the statement of George Jackson made while ago? A Yes sir. Q Did you make that statement to him? A No sir not all of it. Q What part of it wasn't true? A The part about me giving them the high ball -- I told him the men were killed at my house and I expect burnt up. Q Is Shell Vines related to Bill Jackson? A Yes sir his brother married his daughter. Q Is there anything you have left out now? A I didn't tell about us having late supper. Q Why was supper late? A We killed the hog and my wife was late about getting the entrails and lard fixed up. Q You and John A. Montgomery were friendly were you not? A Yes sir -- he was my witness and was going to swear against Bill Prewitt with witness against me in the other case. Q You had not motive to kill John A. Montgomery? A No sir he was a good friend of mine -- I would as soon thing of hurting one of these men (jurors) as quick as I would have him. Of course I made a statement to the Coroners jury different to what it was -- I told them a whole lot on myself that wasn't so -- I done it for fear of violence if I denied anything -- they asked me if I had anything to tell my folks and I said "Why I will get to see my wife myself won't I?" and they said it was doubtful" so I began to talk and told everything I could on myself just as bad as I could make it and tried to make myself just as guilty as I could just like I wasn't going to try to make myself not guilty so they would think I didn't want to clear myself or make any defense -- I says all I want is to have a chance to talk to the young boys of the country that I may give them warning. Q So you made that statement because you were in fear of your life? A Yes sir I was afraid then and have been all the time to let them know I was going to make any fight for myself at all -- afraid if I did they would hang me. Q When you were surrounded by the officers of the law and when you were in the County Courthouse -- you told the tale that you participated in the killing -- was that why you were scared? A Yes sir I was scared all the time. Q You say after the officers were killed you and your wife and the negro went down to Whit Owens? A Yes sir we went down there and the negro followed on behind us. Q Did Mr. Owen come back with you and into the place? A Yes sir. Q Your wife didn't come back? A No sir. Q You brought a spade or shovel back from Owens didn't you? A No sir -- Lester brought it -- Mr. Owens sent him for it. Q Who suggested to get the spade? A Olandus Lester asked me if there was any shovel up to my house and I told him no and he asked Mr. Owens hadn't he better get one and he said Yes and he went and got it. Q Whit Owen went back up to your house and went into the house with you? A We went back up to the house and when we got to the yard they asked me where I was going and I told them I was going to get a horse and leave here. Q Whose horse? A I went to get my mule and he was gone and I got Hugh Montgomerys horse. Q Then what? A Mr. Owens asked me wasn't I going to help and I said No it ai't my job I says Ed Welch seen them men here and Bill Jackson too and there will be men here before day hunting them and I ain't going to do it. Q You were certain that Lester and Whit Owen had pulled the men off the bed? A The two men were drug off the bed when I went in there and get my pistol and I picked up the other pistols and the pocket book and put them in my pocket. Q How much money was in the pocket book? A Three or four dollars. Q You got that money out of John Montgomerys pocket didn't you? A No sir -- I stated before the Coroners jury I did but I never. Q Did you get Hugh Montgomerys knife? A No sir -- I borrowed his knife that night before supper. Q Did you get his cartridges out of his pocket? A No sir I got them out of the belt -- his belt was lying in the bed. Q How about Hugh Montgomerys watch? A I don't know a thing about that -- it was took off after I left -- I guess Mr. Owens or the negro one got it -- I never took anything but the 3 pistols and the money and the cartridges. Q And the horse and bridle and saddle? A Yes sir. Q And the rubber coat on the saddle? A I don't remember about that. -- if the coat was on the saddle I got it. Q Didn't you take that watch off and give it to Whit Owens? A No sir. Q And didn't you tell him to take it and take care of it and if you never got back and your baby got enough to know something about a watch give it to him? A No sir -- I told them that before the Coroners jury but it isn't true. Q Why did you tell that then? A They asked me about the watch and I thought the best thing I could do was to tell something. Q And you just told the first thing you thought of? A No sir I tried to think of what was the best thing to tell to save my life Q And you thought the best thing was to tell them you took the dead mans watch off his dead body and told your father in law to give it to your child when he got old enough to use it? A I didn't think that -- I think you are mistaken about that. Counsel Deft: -- Objected to manner of questions -- Objection sustained. A What statements I made in jail were all false -- men you come there every day and even preachers come there and told me they didn't know what night I would be took out of jail and hung and said if it wasn't for the prayers of the good people I would have already been took out and mobbed so I made like I was guilty as I could all the time. Q You also told that the negro did the shooting and that you were there with pistol in hand so if he failed you were to finish the job? A Yes sir I told that. Q That wasn't true either? A No sir Q When you came into this Court room and set down in the presence of the Coroners jury; didn't I state to you then "That I understood you desire to make a statement as to how this thing occurred" ------- A I asked then to take me on to jail -- I didn't want to come to the Court house -- I wanted them to slip me in the jail. But after they got me herre I told them I didn't want to make no fight. Q Didn't I tell you "I understand you want to make a voluntary statement about this matter" and didn't you say then "I want to tell all about it"? A I don't remember that I said that -- I said I wanted the people to give me a chance that I wanted to have a fair trial and give the young people a talk that it might be a lesson to them. Q Didn't I state to you then and there that you had a right to make a statement if you wanted to but that there was nothing compulsory about it and that if you made it entirely voluntary you could do so if you saw proper? A You told me you couldn't force me to make it -- you didn't wait for me to make it you commended asking me questions -- and the most I told was I just said "Yes" to you. Q Didn't you make this statement to me "Mr. Roane I want to tell all about Page 20 how this thing occurred and the I want to have a fair trial -- if you all will protect me and not allow me to be hurt" and after you made that statement I said "Gentlemen, I think from the statement the defendant has made there is enough to convict him and I beg that no violence will interfere. A You got up and made a big talk. Q There was no demonstration to hurt you was there? A There were lots of them here that wanted to. Q Did they attempt to? A You had a big crown around me running and dragging me to jail. Q You run too didn't you? A Yes sir I did. Q There wasn't anybody in all that trying to hurt you were there? A They didn't but plenty was trying to. Counsel Deft: -- You were afraid they could do it. A Yes sir when I come out the court house the tops of the houses were covered and they were hollering "they have got him tied with a rope." Q Didn't I state to you that nobody had a right to make you make a statement and that it must bevoluntary if made at all and that if you made any statement we wanted the truth and nothing but the truth? A I don't remember you saying it that way. You asked me if I wanted to make a statement and you said you had not right to make me make one. Q Didn't I tell you it would have to be voluntary? A I don't remember that? Q And that nobody had a right to make you tel it? A I don't remember that. Q You did tell on that occasion what purported to be how the thing occurred? A I told you all the tale but I didn't tell the straight thing. Q You told that you held the light for the darkey to do the shooting? A I held the light for them to go to bed but not for him to do the shooti Q Didn't you say in the statement you made before the Coroners jury that you held the light for the darkey to do the shooting? A Yes sir I told you that too. Q You were not sworn before the Coroners jury were you? A No sir I don't think I was. By the Court: -- I will require you to leave out any testimony with regard to the Coroners jury. Counsel State: -- Objected -- Overruled -- Exception taken. Counsel State: -- We desire to prove that he wasn't summoned or offered as a witness but made a voluntary statement at his own request. By the Court: -- I hold you can't ask him anything said before the Coroners jury. Q You can rad and write can't you? A Yes sir. Q You are not a profound scholar? A No sir. Q Do you know who Mrs Cordie Mathis is? A Yes sir my wife. Q Look at that and see of that is your handwriting? (Hands witness papr A No sir I never wrote that. Q Do you know anything about it? A No sir. Q Is that your signature there? A No sir I never wrote it. Q You might have dreamed it? No answer. Q Did you get anybody to write this for you? A No sir. Q Do you know Shell Vines? A Yes sir I have seen him -- Where did that come from? Q Didn't you write that in jail and send it out to Shell Vines in an envelope addressed to your wife? A No sir. Q Did you write this? (Hands witness paper) Mr. Shell Vines: -- I will write you this statement, I want you to tell that I come to Kin's Sunday morning, and that I told you and Kin that Orlandus Lester had killed Hugh and John Montgomery and burned them and that I never had anything to do with it; that I was holding the lamp for them to go to bed, and I got into a fuss with Hugh about my pistol and the negro jumped in the door and shot them and that I told you all that the Page 21 negro had slipped around my house trying to kill them unbeknowing to me, but he failed. I went in the yard and the negro made a signal to me but I thought he said shoot and I thought it was somebody trying to get to kill me and I shot at him and he then let himself be known and told his name. I told him he should not do it for they were just doing their duty as officers and made him go after some wood for me. I told you all that I was afraid they would put me in jail and I thought I would dodge until Court so if they put me in jail I wouldn't have to stay long. Tell that I never made any secret of it at all. That I said I would tell it if I was called. Tell that I showed you some pistols and you asked me what I was going to do with them. I told you that I am to give John Montgomerys pistol to his people and I aimed to keep the other two. I am going to have you and Kin summonsed to swear this for me. This was the first statement I made and if you all swear it they will have to take it. I am going to swear that Orlandus slipped off and got a gun and came back and tried to get to kill the men unbeknowing to me but failed. That some of us kept in his way and that I went out after some wood and he said "shoo" for me to come to him and I thought he said shoot and I shot at him thinking it was somebody aiming to kill me. He let hisself be known and told his name. I told him he should not do it and made him go after some wood and chop it up and I went in the house and in a few minutes the men went in to lay down and I carried the lamp in for them to see to go to bed and after they pulled their clothes off I saw my pistol and I told Hugh Montgomery he had told me a damn'd lie about my pistol and that I was going to have it and he said to me God damn you we will take you to Oxford tonight. The negro heard this and ran and shot them both before I knew he was in the house and we all left then and went to your Pa's and me and your Pa and the negro went back up there. There is not any use for me to tell you anything else that I am going to swear for you was not there. If you can swear the same that I have right and not get yourself in trouble I can come clear but I don't want you to tell anything to hurt yourself to save me. Don't let anybody know that I am going to try to beat it and that Lester is going to take it all on himself. If you all will do that I will come clear. The negro will tell he did it all and Cordie will tell the same and they won't have any witness against me. I am working the thing a damn sight finer that they think for. my lawyer says that this will clear me. I have never been sworn yet. Don't let anybody know anything about this. I want to surprise them" Your friend, Will Mathis, Oxford, Mi Q That is about the same statement you are making here today ain't it? A I didn't write that. Q Didn't you instruct somebody else to write it for you? A No sir. Q You have these parties summonsed here? A I haven't had Kin summonsed. Q You had Shell Vines summonsed? A Yes sir. Q What for? A To prove by him that I told him about them men about them being killed there and who done it -- I told him that on Sunday morning but he denied it here today -- I told him I wanted him to swear that I stayed there that night. Q That was a lie wasn't it? If they had sworn that it would have been false? A Yes sir. Q Yet you wanted them to do it? A Yes sir I told them I wanted to prove myself away from home and they told me they wouldn't swear no lies for me. Q You wanted to prove yourself away from a place where somebody else was committing a crime even if you didn't have anything to do with it? A Yes sir. Q You were willing to have your house and things burnt up to hide a crime that somebody else committed? A Yes sir.. My father in law was into it and I couldn't save him. Q How was he into it? A The negro stated that he sent him there and that he give him the shells and told me to kill them and he wanted em to do it and I told him he shoul not do it that they were just doing their duty as officers. Q He said Mr. Owens wanted him to kill them and sent you word to not let them get away didn't he? A Yes sir. Page 22 Q He sent some buck shot shells didn't he by Lester? A Yes sir. And I told him it didn't matter a damn what Mr. Owens said I knowed my business better than he did. Q You selected Shell Vines and Kin because you believed their testimony would be taken for you? A I knew they had got me in a bad thing and I wanted to get out the best way I could. Q Shell Vines didn't get you into it did he? A No and he didn't help me out either. Q Ain't you doing the same thing now -- trying to get out? A I want to get out but I ain't doing it by telling lies. Q You have told several tales about it? A Not since I have been on the stand this time -- this is the first time I have been sworn. Q Do you tell the jury that you wouldn't swear a falsehood to get yourself out of this trouble? A No sir -- I tell them I am not doing it. Q You do tell them you tried to get somebody else to do it? A Yes sir. Q You say you didn't write that? A No sir. Q It sounds mighty like you don't it? A I didn't write it. Q Isn't that your signature? A That is my name but I didn't write it. Q Do you think now that you are a damn sight smarter than they thought you were? A No sir. Q Mr. Bennett was in jail with you wasn't he? A Yes sir but he stayed with Jackson and Owens he didn't come in and stay with me -- they haven't none of them taken up with me in there -- they have been in with the other crowd in there -- he stayed with me half a day. Q You know Bennett? A Yes sir. Q Ain't he the same Bennett you gave a letter to smuggle out to your wife? A I don't believe Bennett will testify that I ever gave him a letter. Q What do you say about it? A I said I didn't do it. Q Didn't you write to your wife that one Parks, a federal prisoner, had told you that you could get saws in Memphis for twenty cents apiece and that you could get a dozen for $2.00 and that it would take a dozen to saw out of the jail and that Parks had agreed to go to Memphis and get the saws for you to saw out of jail? A No sir. "Dear Cordie: -- It is with a sad heart and a tear in my eye I write these few lines. It is you and Cleveland (That is your baby's name?) A Baxter Cleveland. Q "It is to you and Cleveland that is troubling me -- I think how happy we have been together and how sweet Cleveland was to me and how I have to be taken from you and I just don't know what will become of you and him. If I could just get out I think maybe we could live together again. I don't think Aunt Bet -- (You have an Aunt Bet?) A Bill Jacksons wifes mother is an Aunt to my wife. Q You call her Aunt Bet? A Yes sir. Q "I don't think Aunt Bet and others can get you afraid to live with me -- I wish I could see them -- I would make them remember the last time they saw me and it could be the last time they would want to see me. I think people think I was mean to you and that you didn't care anything for me. Q How do you spell care? A I don't know -- Do you want me to spell it I would spell it "ker -- would you spell it "ker or cer". Q "Cordie -- there is a man in jail by the name of Parks - he is from the Mississippi bottom he says if I will get some one to go with him to Memphis he will get some saws that I can get out of here with -- the saws I can get out of here with if they are steel hack saws -- 10 or 12 inches long made for sawing iron -- I never told him that I could get anyone to go with him -- I told him I didn't know who would do -- he says he is going to get them and bring them to me if I can get some one to go with him and bring them back they cost 20 cents a piece. -- Q Was Parks from the Mississippi bottom? A They say he was. Page 23 Q How do you spell cents? A Sents I would spell it. Q "He says it will take 12 of them to saw out -- by talking 12 he says I can get them for $2.00. I have got 2 of my pictures for you and Cleveland and if you don't get someone to get the saws -- if you can't get some one to buy the saws get George to buy a &endash; Q You had pictures taken? A A fellow come there and taken them while I was in jail. Q He agreed to give you two? A Yes sir. Counsel Deft: -- Objected to the introduction of the lettersas incompetent and to all questions as to the letters. Q You have a brother in law -- George Mass? A Yes sir, but me and him don't get along. Q "If you don't get some one to get the saws get George to buy four half in drills and two files and a brace and an inch auger and coal chisel and hammer - I can get out of here if I can get them -- and send my pistol with them and you come for it will take a good while to get out that way but I can get out. Your best lover" Q You wrote that didn't you? A No sir -- -- I want to know where you got that. Q "I think if you will see Jim Kimball and tell him about the saws and the name of the saws and tell him to write to Neut to send the saws to him and he can fetch them to me -- If I could have told Walker I think he would have went out and got them for me -- Cordie send my pistol to me anyhow if you can't send anything else and send me a pint of whisky with the pistol if I have to fight my way out I want to be half drunk and nothing wouldn't excite me" Will, you said all that didn't you? A No sir. Q It sounds mighty like you don't you? A I don't know that it does. Q You don't get excited when you are half drunk do you? A I don't get excited no time -- unless it is something like they had me that day. Q "Be sure and get 44 catridges" What size is the pistol you wife has of yours? A I ain't got none. Q What size is the one you had? A Forty one. Q "Be sure and get 44 catridges for pistol and 32 winchester catridges for Raglands pistol" -- He is the jailor? Your purpose was to kill him and get his pistol wasn't it? A He didn't bring his pistol in the jail. Q You have been watching him then to see whether you could knock him in the head and get away? A No sir. Q Look at that hand writing now and see if that ain't your hand writing honest injun"? A No sir it is not. Q It tells a good deal about folks and their names that you know about -- Who is Walker? A I don't know I didn't write that. I reckon there are more folks in jail that knows my folks beside me. Q Have you got any objection to writing a little for us? A I say I didn't write that. Q Have you any objections to writing a little for us at our dictation? A I don't have to write to make you believe what I said do I? You prove I wrote that. Q I want to prove it by you? A You can't do that I didn't write it. Q Do you object to writing some for us? A I ain't going to write -- if you can't take my word -- of course if I want to I could turn here and write a running hand and change my hand anyway. A I want to tell the jury that there are more men in jail beside me charged with this same thing and they have been in cells together and they found out I was going to tell the straight thing about it and they Page 24 have gone together -- the other day I told Vick Richmond to tell my wife to come down to the jail and Mr. Owens told George not to tell her come down there that he didn't think she ought to see me and they are all against me. Q Have you any reason to suspect that anyone else wrote those letters to get you in trouble? A I never thought about such a thing until now but I believe Jackson and Bennett is the ones that done it. Q You say you didn't give Bennett a letter to bring out to your wife? A No sir and Bennett won't testify to such a thing either I will bet my life on it. Defendant asks that he be permitted to write at the dictation of Counsel for the State if they now desire. By the Court: -- I will allow that. A What must I write? Counsel State: -- Shell Vines. (Witness writes) I will write you this statement I want you to tell that I come to Kin's on Sunday and that I told you and Kin that Orlandus Lester ---- A I have now wrote enough for you now to compare the hand writing. Q Well -- sign your name? A W.E. Mathis. Q Write Will Mathis. (Written) Counsel Deft: -- Renew objection to the introduction of letters. By the Court: -- The letters are not in evidence -- Nothing but the testimony of the witness is competent --- those letters are not offered in evidence.
Mrs. Will Mathis, witness for the Defendant being first duly sworn testified as follows: --- Q Tell the jury all about the fuss that took place at your house on the night of November the 16th from the arrival of the officers until you left? A Let them ask me questions. They come before sundown -- Will was killing hogs -- the negro was helping him -- they hollered around at the front side and I told Will -- he went around to the front and while he was around there the negro said to me "I am a good mind to kill them men" I told him he wasn't going to do anything as such that I wasn't going to have any such as that -- they come on around and I didn't think there was any thing of the sort I never heard any more about it -- after that I went on and the negro went off I didn't know where and he come back and made a fuss out in the bushes and Will went out and he wouldn't let himself be known and Will shot at him -- thought it was somebody trying to kill him -- after that Will come in the house and asked Hugh about his pistol and he told him he didn't have it that someone else had it -- when they went to go to bed that night I fixed the bed and Will carried the light for them to see how to go to the bed and he happened to see his pistol some way or other I think and they got to talking -- Counsel State: -- Not what you think. A How come me to know I heard them talking and then the negro heard them quarrelling over it and he run in and shot the men. Q Then what happened? A I left I don't know -- Will went with me and the negro too. Q Did you try to keep the negro from shooting? A Yes sir -- I told him that he shouldn't do it and that he wasn't going to do it. Q Was there anybody else there at the time? A Bill Jackson was there but he had gone. Q Was he there when the shooting took place? A No sir. Q Do you know what he left for or whether or not he had gone? A No sir. I don't know what for I didn't ask. Q You didn't hear him say? A No sir. Q Did you hear him say whether or not he was coming back? A No sir. Q Did any conversation take place between you and the negro as your husband out in the yard? Page 25 A Not that I know of -- only the negro had such a talk as that -- only what the negro said. Q What did he say? A He said he was going to kill the men. Q And you told him not to do it? A Yes sir and Will told him they was just doing just what their business was. Q Was the darkey afraid the officers had come after him? A Yes sir they had called his name that night. Q They asked for him that night? A Yes sir and he thought they were after him. Q Did your husband tell the officers the darkeys right name? A I don't know. Q Those men were killed in your house? A Yes sir. Q They were shot right there and your husband was in the room when they were shot? A Yes sir. Q Having a quarrel with one of them? A Yes sir. Q About a pistol? A Yes sir. Q That night your husband took you to your fathers? A Yes sir. Q He was under arrest by the two officers? A Yes sir I reckon so. Q You heard him talking about making bond? A Yes sir. Q After the killing you and your husband and the negro Orlandus Lester went to your fathers Whit Owens and then your father Whit Owen, and you husband and the negro went back to your house? A They went away I don't know where they went. Q Didn't you hear them talk about going back before they went? A No sir. Q They went off together? A They went out of the house. Q They went off and were gone two or three hours before your father came back? A They were gone a little while -- not long. Q Your husband didn't come back? A No sir. Q You never saw him any more until he was arrested and in jail did you? A Yes sir once -- I seen him Sunday night. Q The next night after the men were killed he slipped up to your fathers house? A He come there. Q You stated to the Coroners jury that you didn't see him didn't you? A I don't remember -- you all had me so excited and scared. Q You are not scared now are you? A Not very bad I don't reckon. Q He got the gun and winchester rifle and left that night didn't he? A I don't remember I didn't see him get the gun. Q Was it there before he came? A I don't know. Q Was it there after he left your fathers? A I don't know. Q The next time you saw him was in jail next Fridaynight? A Yes sir. Q Did he tell you where he had been? A No sir. Q Didn't he tell you he had been running from the officers? A No sir. Q Didn't he tell you about the posse being after him and dodging through the woods like a rabbit? A No sir. Q Didn't he tell you he was trying to get away? A No sir -- he said he knew they had papers out after him and that he was just dodging until Court come on and then he intended giving up. Page 26 Q You knew your house was burnt down? A Yes sir I heard it next morning. Q You saved a feather bed didn't you? A I didn't. Q It was saved? A They say it was. Q It is down at your fathers? A I reckon so. Q Your father came back that night after he had been gone? A Yes sir. Q He brought some of your clothes and the baby clothes didn't he? A I don't know. Q Have you seen that feather bed? A I have seen several -- I don't know that I would know mine from one of the Mas. Q You know the baby's clothes were brought? A No sir not all of them. Q Did you carry any baby clothes away that night? A No sir. Q You have had some of the baby's clothes since that night that were left there by you haven't you? A No sir -- I brought some of the baby's clothes. Q You have got some of the clothes of your dead baby too haven't you? A There were some. Q Were they brought away before the house was burnt? A I reckon so. Q You testified before the Coroners jury? A Yes sir. Q Didn't you tell them that you didn't know where your husband was when the shooting occurred? A Yes sir -- I don't remember what all I did tell you all. Counsel Deft: --Objected as incompetent -- Overruled -- Exception taken. Q What ever you told was the truth? A I don't remember what I told. Q Have you been in jail part of the time yourself? A Yes sir. Q Have you had a conference with your husband? A I reckon so and everybody else -- we had no secrets. Q Didn't he fix up this tale about this fuss since he has been in jail? A No sir --- they wouldn't' allow me to get in there with him and talk. Q Do you know your husbands handwriting? A I ought to. Q Do you know his signature when you see it? Look at that and see of that is not his signature down there. A No sir that don't look like his writing to me. Q What is the difference between that and his? A I have seen right smart of his and this don't look like it to me. Q How much does it differ? Look at Will Mathis -- isn't that the way he writes it? A Not exactly that way. Q Have you had any letters from him since he has been in jail? A I had one letter the other night here. Q Haven't you got others from him? A No sir. Q Didn't you get a letter from him and turn it over to Mrs. Jackson? A No sir I haven't got any from him. Q Look at that and see if that is Will Mathis writing? A This looks more like it than the other does (matter written by defendant while on the stand) yet I couldn't swear this is to save my life. Q You said you ought to know his hand writing? A Yes sir that is the way he signs his name. Q Still you can't tell whether this is his hand writing or not? A It looks like it. Q When you were before the Coroners jury didn't you state that you left your husbands house that day before dark? A I don't remember. Q Didn't you state that you eat supper at your fathers house? A I don't remember. Page 27 Q Didn't you next state that you went home after 10 o'clock after the shooting? A Yes sir -- I don't remember what I told you the first time. Q Didn't you state that the men didn't eat supper at your house? A I don't remember. Q Didn't you state that your husband went off to Dutch Bend and wasn't at home at supper? A I don't remember. Q Didn't you further state he slipped off and wasn't there at all? A I don't remember -- I told you I don't remember what all I told you. Q Did he slip off? A Not that I know of. Q Isn't it a fact that Jackson was there a few minutes before the shooting? A He was there a while before the shooting but he had gone. Q You didn't see him go? A No sir. Q You didn't see him leave the place? A He went out of the house -- he bid the officers good night and I thought he had gone. Q You don't know whether he was there any more that night or not? A I didn't see him if he was. Q You simply didn't see him -- but you don't know where he was? A No sir. Q How long before the shooting was it that did not see him? A I don't know I didn't have any clock. Q About what time did the shooting occur? A After ten o'clock. Q Jackson was there until ten o'clock wasn't he? A Somewhere near ten. Q Were your husband and Jackson drinking that night? A They all seemed like they were drinking a little. Q Wasn't that customary? A Not more than for others. Q Isn't it a fact that Mr. John A. Montgomery didn't drink a drop that night? A It don't seem like he did. Q Did Hugh? A He acted like he did. Q You didn't see them drink? A No sir. Q You smelt it on your husband? A No sir. Q Did you see him drink? A No sir. Q Did you see him with whiskey? A No sir. Q Did you see him offer the Montgomerys liquor? A No sir. Q Did you hear him say he offered them whiskey? A No sir. Q But they looked like they were under the influence of liquor? A Yes sir they acted like it. Q Was Mathis drunk when he went down to Mr. Owens? A No sir -- I never seen him drunk enough to show it walking. Q How about Lester was he drinking? A I couldn't swear any of them were drinking. Q Did you get a letter from Will Mathis enclosing a letter in the same envelope to Shell Vines since he had been in jail and didn't he write in that what you all were to swear? A No sir. Q Did he write you a letter to get him some saws and a hammer and other tools? A No sir I never heard of it until this court. Q What is your baby's name? A Clelon. Q What is Bill Jacksons wife name? A Beulah. Q Haven't you an Aunt Bet? A Yes sir several and cousins too. Counsel State: -- Asks that Court adjourn until tomorrow morning --- Counsel Deft objected until this witness is finished -- Objection overruled -- Exception taken. Page 28 Q The day you were arrested here in town and carried to jail do you know who it was arrested you? A No sir. Q Do you know A. Z. T. Johnson? A I have seen him. Q Did you say to Mr. Johnson soon after he arrested you that you supposed they had arrested you for telling two different tales about the matter? And didn't he tell you "No they haven't arrested you for that? A I don't remember. Q Didn't he say they had arrested you for being a party to the killing and didn't you tell him that you had nothing to do with it and that you did everything you could to keep them from killing them and that you thought you had done it until they did it? A I don't remember. Q What is the matter with your memory? A I told you they had me excited and scared. Q You were not in Court then? A You just as well to have had me in Court as to have had me where you were going to put me. Q If you said that was it the truth? A I don't remember if I told him that. Q if you did was it the truth? A No. Q Then why would you make a statement of that sort? A I don't remember whether I did or not. Q Your recollection of the event of the killing was fresher then than it is now? A I don't know. Q You were sworn as a witness before the Coroners jury? A I reckon I was. Q You swore you would tell the truth and nothing but the truth didn't you? A I don't know. I told you I don't remember what I told. Q Didn't you say then that you went to your fathers house about sundown and that Orlandus Lester was the only one that went with you? A I don't remember. Q Didn't you say that before you left that Hugh and John A. Montgomery had left your husbands house? A I don't remember. Q Didn't you say that they had left and that you didn't know which way they went? A I don't remember. Q Were you asked these questions and did you answer "Was that before your husband left or after? A. After Q. Did your husband slip off? A. Yes?" A I don't remember. Q Were you asked "who left first? A. Bill Jackson"? A I don't remember. Q Were you asked How long did he leave before the Montgomerys left? A. He left before my husband left"? A I don't remember. Q You were asked this question "Bill Jackson left and then your husband left and then you and the darkey left and the Montgomerys left and there was no one at all left at the house? A. Yes sir. A I don't remember. Q "It was about dark when I got to my fathers" "I walked and it was about two miles" Did you say that? A I don't remember. Q Did you carry anything with you"? was asked and you said A. No, just the baby -- Did you say that? A I don't remember. Q You were asked when you got to your fathers house What did you tell him about coming and you answered A Never told him anything I left because my husband left and I wouldn't stay by myself? A I don't remember. Q You were asked did your father tell you anything about Orlandus Lester being there? And you said A No sir. A I don't remember anything I told you all. Q "How long have you known Orlandus Lester? Your answer A long time" Did you say that? A I don't know. Q When the question was asked "Do you know anything about the burning or killing? Didn't you say A. No sir.? Page 29 A I don't remember Q Wasn't the question asked you Do you know who did any part of it? And didn't you say "No sir?" A I don't remember. Q Do you tell this jury that you don't remember any part of your testimony that you gave before the Coroners jury? A I don't remember any of it. A Please tell us how you remember the events that occurred that night if you can't remember things that happened since.? A Because I remember the things that happened and I don't remember what I said. Q Weren't you worse scared than you are now? A Yes sir. Q Weren't you worse scared when two men were being killed than you were when you were before the Coroners jury? A I don't know that I was. Q You state that everything told before the Coroners jury was told under great excitement? A Yes sir. Q And fear of your life? A Yes sir. Q What were your feelings? A It looks like they ought to know without me telling them -- they had me into it and all and were talking about hanging me and all the rest and I was excited and of course I couldn't expect anything else. Q You were not responsible for what you said then? A No sir. Q At that time nobody had ever talked about hanging anybody had they? A Yes sir everybody talked about it. Q About hanging you? A Yes sir. Q When you first made your statement? A Yes sir I head it before I came to Oxford. Q Tell us on or two that talked about hanging you. A They talked of it when they put me in jail. Q Weren't you kept out of jail in the witness room until after you made your second statement? A No sir they put me in jail right then as soon as they brought me here. Q Didn't you sit down stairs in the Chancery Clerks office until after you had been brought before the Coroners jury twice? A They didn't bring me but once did they? Q I am not on the stand. A It don't seem to me like they did -- they brought me on the stand and carried me back in the room and then carried me to jail. Q Didn't you come before the Coroners Jury and deny all knowledge of the killing and deny everything about it until your father came on the stand and didn't he tell you to tell the truth after he come on the stand? A I don't remember. Q Didn't you come to town with your father? A Yes sir. Q There were no officers with you then? A No sir. Q You were kept here only as a witness and had been before the Coroners jury twice before you were arrested? A I don't think I was before them but once. Vick Richmond, witness for the Defendant being first duly sworn testified as follows: -- Q Where were you when Orlandus Lester was first put in jail? A I was in jail. Q Did Orlandus Lester made any statement to you about this killing when he was first put in jail? Page 30 A Yes sir about a week after he was put in. Q What did he say? A The first conversation was he told me about that map he drawed. Q Did he tell you anything about what he did? A Not until he told me about the map. Q Look at that piece of paper and see if you ever saw it before? A Yes sir he drawed that map I saw it. Q What is this intended to represent? A This is Orlandus Lester and that is Mr. Mathis and Mrs. Mathis and the little boy and them is the two officers. Q Where did you first see it? A Orlandus Lester had it. Q Did he tell you who drew it? A No sir but he is the one I seen it with. Q Did he explain it to you? A Yes sir. Q He pointed himself and Mr. Mathis and the two officers and Mrs. Mathis and the baby out to you did he? A Yes sir. Q Put your finger on the figure he said represented himself? A He said that was him with the gun in his hand and he said this was Mr. Mathis with the lamp -- but he said Mr. Mathis was setting on the foot of the bed. Q What did he say this was in one hand of one of the officers? A He didn't say -- if he did I don't recollect. Q He pointed this out as who? A Mrs. Mathis and little boy. Q Did he tell you what part he took in the killing? A No more than he said this is him in the door with the gun and Mr. Mathis on the foot of the bed with the lamp and the two officers in the bed. Q Did he tell you what he did with the gun? A No sir -- he didn't say he shot nary time but he said he had the gun. Q Did he say Mr. Mathis had anything else in his hand but the lamp? A No sir. Counsel Deft: -- We offer this map in evidence (Clerk copy Exhibit "A") Q You say Orlandus Lester didn't make any statement to you about what part he took in the killing? A Not until after he drew the map. Q What did he say then? A I asked him that I heard he done the killing and he said at first he did but after they brought him up here he come back down there and said he told that Mr. Mathis done it and said he didn't have anything to do with the killing. Q Did he tell you whether he did it or not? A At first he said he did do it and then he said Mr. Mathis done it and he stuck to it then. Q He told you Mathis was holding the lamp for him didn't he? A He said Mathis was sitting on the bed with the lamp. Q And then he told you that wasn't so -- that he didn't do the shooting? A Yes sir. Q He told you that Mathis told him to tell that he did the shooting so Mathis could get out and then he would come and get him out didn't he? A Yes sir. R E B U T T A L. A. Z. T. Johnson, witness for the State being first duly sworn testified as follows: -- Q Where do you live? A Tippah County. Q Are you an officer of the Federal Court? Page 31 A Field Deputy Marshall. Q Were you at the time the Coroners jury was investigating the killing of the two Montgomerys? A Yes sir I was. Q State whether or not you arrested Mrs. Mathis after the investigation had proceeded? A Yes sir I arrested her over here in the southeast corner of twon. Q State after you arrested her whether she made a statement to you about the killing? A Yes sir -- she said to me "I reckon they have arrested me for making two statements -- I says no you are not arrested for that the writ reads Murder and conspiracy to murder -- she says "I was there and done everything to keep they from killing them -- she first asked me who all was in the writ -- She then says I couldn't help it I done everything I could to keep them from doing it and thought that I had got them out of the notion and come satisfied they wasn't going to do it". Q She didn't tell you the reason she made those two statements? A No sir. Q You didn't tell her that you didn't know whay they had arrested her? A No sir. Will Mathis recalled by the State. Q Do you know Rev. Mr. Mills, presbyterian minister of College Nill? A Yes sir. Q Did you write him a note to come and see you? A I wrote it but I don't think this is the one I wrote. Q Who did you give it to? A Mr. Raglands boy. Q Why don't you think that is the note? A It don't look like my handwriting. I wanted to talk with him to get him to get them to let my baby come there to see me. Q Are you certain you didn't write this? A Yes sir -- Give me a piece of paper and let me write you one like this. Tom Ragland, witness for the State being first duly sworn testified as follows: -- Q Do you know Rev. Mr. Mills, presbyterian minister of College Nill? A Yes sir. Q Did you deliver at anytime any writing from Will Mathis to him? A Yes sir Mr. Mathis give me the note from his cell. Q Was there anybody in the cell with him? A No sir. Q Look at that and see if that is the note? A Yes sir this is the note Mathis gave me and I gave to Mr. Mills -- It was the day his baby came down here and they wouldn't let it in the cell. Q You sure he gave that note to you and not to your son? A Yes sir. Q Look at that hand writing and tell the jury whose had writing that is. A I think it is Mr. Mathis. Q Compare it with that. Look at the C's and the signature and the whole body of the letter and tell the jury whether it is the same hand writing or not? A I have read a right smart notes from him and I think that is all his hand writing. Q Now look at this and state whether that is his hand writing or not? A I think it is. Q Were these two last letters you identified ever delivered? A I know nothing about but one of them. Page 32 Q Which one do you know about? A The one about the pistol. Q Was that ever delivered? A It was delivered to me. Q Was it ever delivered to the party addressed? A No sir. Q You have never seen the other one before? A No sir. Q You say the letter in reference to the saws, hammer etc., came into your possession? A Yes sir. Q Did it come direct from Mathis? A No sir it wasn't intended for me to know anything about it. Q How did you get that letter if you have no objection to telling it? A I had a man in there named Bennett he expected to make bond and he failed that day and Bennett told me that Mathis thinks that thing is burnt up and he thought it was his duty to deliver it to me as he got it. Q So he gave it to you? A Yes sir. Rev. Mr. Mills, witness for the State being first duly sworn testified as follows: -- Q You are a minister of the Gospel? A Yes sir. Q Did you visit Mr. Mathis in jail? A Yes sir. Q Look at that note and see whether ot not you ever saw it before? A Yes sir I got this note from Mr. Ragland, the jailor yesterday morning. Q Compare that letter with that note -- By the Court: -- Are you introducing him as an expert on hand writing? Counsel State: -- Yes sir. Q Are you acquainted with the hand writing of Mr. Mathis? A No sir this is the first time I have ever seen it. Q Are you an expert on hand writing? A No sir -- of course I am brought in contact with a great many kinds of writing but as to being an expert that is different. Q You visited Mr. Mathis several times and talked with him? A Yes sir. Q He talked with you as a confidential advisor? A Yes sir. Q And as a preacher? A Yes sir. Q He submitted to you what professed to be a confession didn't he? Counsel State objected -- Objection sustained. Exception taken. Counsel State offers in evidence the note alleged to have been written my Mathis to Rev. Mr. Mills, also the two letters, one written to Shell Vines and other to Mrs. Cordie Mathis, combined -- the ones he denied writing or any knowledge of. Counsel Deft: -- Objected -- Objection overruled -- Exception taken. (Clerk Copy Ex. "B" & "C") Tom Ragland, recalled by the Defendant. Q Look at that and see whose hand writing that is if you know? A I can't say. Q You don't know whose it is? A Some of it looks like Mathis' hand writing and some of it doesn't. Counsel Deft: -- Offer this writing done by Mathis on the stand in proof Clerk Copy Ex. "D") Q Did you deliver a letter to Mr. Brewer for the defendant? A It seems like I mailed one to him. Page 33 Q Didn't you read it before hand? A Yes sir. Q Did the hand writing of it look like the one you just identified? A I never paid no attention to it -- I just read it and mailed it. Q About how many letters of Mathis' has been submitted to you that he wrote? A I don't remember. Q As many as a dozen? A I couldn't say -- he wrote to his brother. Q Did he write to some one as often as everyday? A No sir. Q Every week? A I suppose so.
I, Walter C. Blount. ex-Court Stenographer do hereby certify that the fore going 33 pages contain a true and correct transcript of all the proof offered and proceedings had on the trial of the case of State -- Vs -- Will Mathis as shown by my short-hand notes properly extended. Mar 1st 1902. Ex-Court Stenographer 3rd Dist.
I approve the foregoing as a true and correct transcript and copy of the Evidence and focussing on the trial of the said case of the State vs Will Mathis in the Circuit Court at Oxford LaFayette County at a Special Term of said Court beginning December 30th 1901. Witness my signature at Batesville, Miss. this March 12th 1902. /s/ P.H. Lowrey, Judge |
|
|
|
|
|
|
|