Newspapers / The Democratic Banner (Dunn, … / Feb. 1, 1894, edition 1 / Page 2
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.'UK TIMES. Piuuina Every Thursday. IH. J. II. DANIEL, Editor Proprietor. a. id THE FULLER' TRIAL. .THH.rDLRECT ' EVIDENCE X)F THE STATE INTROtHJCED. - WITNESSES EXAMINEtffilr ' THE D3FENCEL FULL SYNOPSIS OF ALL THE TESTIMONY. Fayettevilie, N. C. Jan. 26th. '94. Wilmington 'ME3SENGE9. When court open this morning at 10 o'c'ock, the court room was well tilled with people, and afer Clerk Cain had read his minutes of yester day proceedings and the court had approved thein, the Fuller trial was proceeded with. ,F. P. Jones, called, a, long list of "State witnesses. -pTrobbly twenty five or more. Among them were L. C. Jones. Capt. W. S. Kingsbury, Mai B. C Gorbam. Ij, j. ivacaiey. Dr. J. W. McNeill". Capt.'S. J. WaL ton. J. Wv Morns, James Burns. . L.Cook. James R. McNeil, (colored V ndertaker. Joseph- Hadley(col), J . Fteeraan- (col)', Jim Levy and Jarvis Buckingham. The defendants council, J. G. Shaw then called a long list of his witness es, and after all had been sworn, upon motion of Col. Argo, the witnesses were excluded from the court room and the State's Witnesses went into ttie 'yld -'Equity office" in the. south west corner of the building, ..and 'the defendant's witnesses retired to a room do wrr-tai Vs. except a fe on botli sides, including the doctors, preachers and Jawyetsy who were k Inwnd tn remain in the Court room THE STATE'S EVIDENCE. .J. H.rMarsh. testified as follows SbUcitorr fiJcNeiir- bojiducting the exaiqipatioB t . t am a regular licened physician. I graduated ?romr Jeflferson Medica c!n;ntode1pilhit 188?.pd havoibeen practicing . ever -. since. I think! iSSrf'Velt 'wnether aoy wond I exftmiaQ moducetl ?deth. .1 ejCAm met? Nibo'trJiiaiH: C. Parkei,Lthe;sireI;:ifemB and of tbe breast-bone between the second and third tib3. ; I, traced the wound mad it neat tbrougn the. edge of the Tlghhing,jiasied tnrouU thebeart and 'went thrqugh tbf ede of the left lunV and through tbe'diap'nragm lhtp the abdominal cavitv. " f found the. ball.4ying.on tbe left side of the spi ral 'WWfeb? ; ""The d'octdr here, exhibits theball, which is of 32-cafibre,ftnd continued : "In my opinion." tn'b--.w6jHd. pro duced Parker's death.' ' Th4"detor - here:' shows- the Jory about ' "erc.Jie .fountLxhe ball in Par ekr's ody, illustrating the position by pointing to the same parU of bis own person ,''Tle' botiy,!'-he said, "was lying , on Hy'streetin front of Mrs. Ooo'- hViuse,. He was dead when I got to him'," which was proba bly a little after"2 -o'clock in ttie afters noon. The bodyv:was removed 'to Capt. S J. Walton's .boarding house after the coroner had 'summoned the jury, and there was .where. l.made th3 r.ost mortem exumrnntion.' - . 1 f rossrix agnation bv oeyrge. MIRiXse. H;rtilI)f.:Jttnes kaid;. . T IIV .... M - i I U)Uii(.rn'o other wbuids tn Far- ker,s person. Thefc, was. some dis'col oratioiof the.Jjacy- nrider .the. skin, snch as is irdbSl. by.:ileath. ?J made ajloae aod.criticaV'exannnation. i e him last Thtf'ilay be 'was4 killed "and when he was buried. I waa with him at dinner time, and eaoie out and sit tn t!c balcony of Hie porch with Citnt. Walton. Fuller, the fHs- oner, cams u; to . .r thi gate arid- ask 1 me if that man Parker was then.' I told him ves, he isat dinner. I will i call him.' He said 'No, I am in no! hurr-; necfi :not call him.' Fuil-j er en,dnwrr oartl3-xho- marker, ' house. ..Parker-came out and said : ! ana sam : mV :i said ; er wants to t Arc yotonTg.diiwu tow yes, and bv thtf wav. Fuller see youN.-Vewwent;out- and . walked : - ' 1 . - -. ... .. 1 togeiherva-rrd wlreh we got in front of Mrs. Cijovs . bou.se iuuer was stand ; ing tuere wuer'e the lence and piazza i ..''"W.ifft-W When I ot there I think bc-loMs.. 'T' )'a:rr?mf K1 ..9M.m??Jf;R?."l-;..r" r: , f " V. ' '."-.J.Uer and Parker were about, three! FuUei-; for UI WiSa'-lTtJi &m.. 1 K' . "? t tPl. No one was there but Mr. th, time Pi iH. . jj. KMomy tcstiiied : I "" - . " iner? uouauec , H f Lm Cook n jumpeij over ' gaged U be . knuw C lacker. He board- i 1 cei . Huska aA she mused . ddmsJs a, I went oat of the ie I The -State . j !.-. i. ft. i . . w ' o n im 'u hit i 1 l t n - ii.nwv t i ' a ! Uu 3;miU llUUU VHU lUe. 1 aaWlauJ wu,"n v!.. a. a4o4 ui lb, .x : UILL 1 . maKe a utllo aoicti, about ei?htce:i wM.tiicre over ten minutes. It vasli v n r . j!r...i.ni'. i U.cbea.r;KUpedidf-Ptker. f W&ut " .ui or ,,ar 2 ..'cock. I looked off- , i ,,' ""f., ,1 to .ee yi'hiiit but t muter .., and hen I looked Tl L f .-orn " on. I tittc, 9tlw tMklHi" Ful'erand Pker were fi,ut-p"J. emW by . " " ' . about Jove pjfairs. When I got to uvul.t. . .1-. -v f tnrnn -rrnnd find I saw Parker on top of Fuller, beat- , inr iiiifi nnd the next thins a pistol f shot fifd, sojneone is Mr. Webb said: Hello. shot.' and ran up there.' I did not j bak. Parker had noth ing inlrff fhands as we walked. along; afld we , were talking only ordinary talk. On cross exa'mi nation Mr . Kings bury said: Fuller boarded at Miss Starrs and Parker at Walton's. Mr. II.. L. Cook's house is between thenr I aiji intimately acquainted with Fuller.' There whs nothing unusuai in his 'manner. -When I told Parker FuJIer wanted to'&ee Mm lie laiighd Fuller was 'standing aa I would have stood. He was not concealed in the least, and any one could see bim going up or down the street. He tin rl nnlliSmf in Ilia Konrla WQ fiLAnfl'4 king with h,s hafls in a natural posi tion. Webb's 1. I judge,. arot loU parceaIromhee Fuller find Packer werp.i Wfcerf I. looked back Parker was on top of Fuller, I saw no ope else at the time. I saw Fuller after wards. He passed by me and his nose was bleeding looked pretty blood-. I said nothing 10 him nor he to me." ,On' redirect examination Mr. Kingsbury- said : I was not looking back for any one else. If there was anybody I did not see them. There might have been somebody, bat I didn't see thorn," Emma Taylor (eol.)was then exam ' ined ; by Judge Womack. 5he,8aid: f,live up ort?H:ay street.; The' day the bomicine occurred I wafc fcbing down Hay street, on the right side of the s'reet, going towards the market, and on same side as Mr. Walton's boarding-house. I saw Parker and Capt. Kingsbury come out of the gate a little distance ahead of me. Saw Fuller and Parker meet, and saw Ful ler str&e' Parker. and. Parker strike Fuller. Fuller wa .'Standing -near Mrs.- Cook's. Fniler and Parkef met kinder running.-together. The .first lick I aaw. Fuller struck Parker and Prker knocked . Fnlier. -jdown.. and then Parker struck - Fulle? white :be was down, and 'Parker waftien: aboUt on hi,s knees, I stopped little dia . tarrce . off. The . pi stol then " firedi Fuller was . doimr nothing. RsM: could n't do-;aiyrtings.When0(Rr was falling T sVuvethlnjlut nf hia ritrhthnnd."" I don't knOW What it was.. the., pistol... and Pa-rtjeFteH: -Tlifr-mstot was nft nfe right handJ think JJ ; theree? I-Member , -. Beeogi.waj. bfe'd'man.nejCr the TailroacV i On'ctoss examination by Mr.baw Emma Taylor: -Tlie first time I told this was at the boteP Tuesday n,ijht to Mr. McNeill I talked with you and didn't tell yon Indicia V a.ee them when the pistol fired X didnt eto to the hotel. Parker " and Fuller fell about the same time; Parke rfe 11 I think becaus of the lick. He struck Parker, Parker struck him seve ft or eight times after Fuller was on the ground', and ws beating him -with both hands. He was making a lick at.. the time the pistol fired. I think the pisf.pl was in Fuller's right band, but I don't know exactly Which iside the pistol was on, and I can't say ex actly which side the "something', in Fuller's hand was on. When the pis tol fired I was about as far from them them as from where J stand to the other sidebf the bar (which is: about' twenty-five feet). I never noticed u,,y "iv-ci on I'arKer. I lived ou the a plank. road and-was on Biytay Mr. Ho'.thnd's, ana think it was to the ntaresi wa. I always went that way unless I ha some business some oujer wa3. 1 had a small bundle ofl cities carrvinji vhem to my mother. married. Turn Taylor is my bus band. Ihavcbeen married five years I have three children, the' oldest, years of a'e. Womack a V .-IWitl : about hHlf wav between the twoW ro?lds on the north side of the street, j 1 ve opposite Mrs Cook's. The day ofjhe homiciiie I . was . in the front Part of the house I first saw Fuller leaning n the porch of the house. "r,,"l,, " iJorcu oi uie uouse. t ,,Lfl was on the bannister j ai,d Ids right, hand back of him. He ! A. wouui n:cs.on:lly step, out on the! fside walk and look up the street and tuen would step back to about th c! same po&ilior. l don t supiose lu . Eurfirea' propose to tell yonrai 1 i kobw Doca.rcse :nere I ' wa,sn C;'&nor; ' Josh' : H adley w M &f fG sta'e s witness, Droqgiit me a note to '"ins. I didn't see tnera meet, i that Parker was ray v are much alike and . - . -r bought at Srst husband as tney about '.tins same size. They,, were Jutting each other with, their hsts while 'standins. and then" they Tell to the ground, and Parker hit Fuller with juV, fists several times', and a Parker kinder raised up. Fuller hot him. I couldn't Ull whether Parker had anything in his hands or hot. Fullerbad. a pistol. .-.He. took it iut of hi rear pocket after he wh.- on tlie grjrmn'Tr' He held it in. h.13 .hand a minute or two after he took ii oui before he fired. At the tim .the pi1 tol fired tfrrjcer. was rising as if in the .act of getting., up and was. no striking Fuller at the time. don kuow Trvniflier Parker saw the into' or not. . 8e didn't appear to see it. a9 he made no efforttoget it. Be tore, Fflllerlfrew be trying to get the piswjVljjjROsifjon. Parker forkor' fell to' Fuller's rteht. and Ptt?ke(?stlefeywlth? bis' head ' towards tjfo- majketk.jdiuse-. Bd) rrilleoveV'tfn his back with bn head otbe MeIor8idewalk.Thd firat tbesexlreme: person j wKHherwW busHan'd,, nThe witjg of 11 hme T live i n i ; where I waa-ir abjftist J poite-M rs.: - Cooks iirjU?e';:l Tbereftip 1 srita b?nbbery fti It he tvard of; my Jipuseri fewas; mating downuunpg m$ ,wn?fv -vu"?r voum be een oin the street' np'or down Jot a good distaryce. The niiche (n the fence and piazza Is 'iao: as high as Fuller's head. rXk?bannister wa hher.thinihiatie. H&vaffstHnd- jjxg .tu ere is a rtH.ii w.iyuuc didn't see them wnen luey nrst met, ana saw Wtbfngiri tfte i'hand of eitTier I didrf see Anjpn6 T Gook'at first. I saw QsfjotTA9.t down the street.7;I8w nV one before the shbotine. tixcftWLPallcef. and 'Fuller. then,,Vn Cok wlyTCamexouX of bis: mooter s" nouse. . .. - .-itefe-MrliRlcmre? stefsont and is.I see weidlYlr, On rlreCt3bdg 'Womack the wincss Said 'could easily see over jthe;. fejscfromr" where I ; wa,' When 'Fuller looked up the street he would.step outpjbe.sidewalki a' step or" two-- . ;..V.r. . ;; 'Mat ICfifTrum.e oiiciloT McHeill aaid : ' On 'Aug. il,' 1893, I -was sitting on my porch about t 'iJl0c1sd &liv6 on JHay St. I .as.ibont jsey eKfive ' r eighty fee tcwWfji;4lc.ul pccur red 'betweeji Fvutler add Parker. .' I nas playing with my; baby irhen :I hatd tumsllBivI rafi ouVPnJthe haldcKark I saopjnao in; top act of gelling up JMiurHH- vn. ku giuuu, iio liLt Ao-dhorn find ''' ' the, Staife lop9 hi m and 003 ects'4 und Mr. Henry Lilly Cook at thel body, j rW Ufd;;Krnxoit straigb. Mr: Cook, in order to relieve his gaspgfrcditifisiiliai;o1 Jhirt where tbe ball went through was smoking and Mr. Cook called for some water. Before it came I took my fingers and put it out. I saw knucks about three feet from Parker on his left side. I picked them up and, laid them on a pillow Mr. Cook had' placed under Parker's head. I left! them on the pillow. I don't know who picked them up," Qn cross exatotloii byj4 Mj.." Bat tie, ihe witnessaMoS -Mt" house is I eait from where the shooting occurred, and; is tbe second bouse from Mrs. Cook's and next to Webb's. Webb's is about fifty or sixty yards- from where the shooting occurred. My wife was sitting on the steps, and a iiuie cmiu was uiayino; arouna rav I : 1 . 1 . 1 1 .j 1 . ! knees hen the pistol fired. Fuller's lace wa3 towards me and he was half nokea- atly.tieaury,-.Ba iiev 'Uiem iuai.u suiter, was in. wie uaoiu 01 oarry- . Is.8ize.mie isai . atout roaai i iu; .a F1811 ",IU u ieuirevu u'iu ;:e y 17aVDound.r o Xi was m tue naoit 01 earning Knucks. raised and brushing his clothes withM,ve3 bn Hay. '-street several houses tSome one said : 'What did vou do that fr.' aud Fuller replied that he ! Lad iue down and was. Seating me.' ; fuller 6 face was very bloody. I L an a ' rs f and hi, hands were not bloody." ' "r:.u" V r!-!?lu'su 3T I xiv.iiciu. eitj . a. ncui- tt tue place where the ilimcwtv occurred soo'a after it happened, I was acting coroner, l ot ,a pfaxrw nucks" (liere he produced them) Mand think tfjev are the same knucks s I phvp tae llie m t(ClcrK Cain. Thoy were giv rae bv Mr. Cook, lie gave them ? to me at the inque-L ! The State here offered to introduce ! Clerk Caiu to show that the knucks j.iuagu Fayciteviile work al ; depot. I saw Fuller th t 1 ri.mnni.' said : live in the Shon, Cut . e nigut before ite homicide, ana on 4ionnay or Tuesday night before the. killing he showed me a pair of knucks. Ye were at t: e window talking aud. he said : 'I vniiL t show yon something and we or. :niu the light, and be rhoed me a p ir 01 knucks and said that iht-r wnr a nice nair. He said that he had them to have iiirn a brass pair tvist b- thetu.. I saw the jKnucks a year HfV.re. 1 tiwned tbena(iay or t wo mhI Hold tueiu to Jarvis Buck iu-ham" (He- here is shown the k- u-'ks in court ad t:iink9 they are the rtanie knuckb ) "He a'so showed uie a pMtol ai.d i-nid h had none and liajl .lxmiht hiiu one .that day." ; V; c:r-8- t xHiniiH'd bv ir. Battle. H4Q witi.eh . aid dut know wheth er it ai Monday or Tuesday night. :; l am .ilght watch-maft at the Short Cut depot:and have - been.for - seven vear. . He siiowep me,a,ptstoi. luree. pefore. which lie had borrowed from , Dr. Lil ly . H e said Ire warn ed to have a pair of knucks molded frdm the "Ones he showed me; said lie wanted & pair, to weigh about half a pound," , ;J. W. Morris. ..examined by Judge Womack, s'aid : "l" ;know Fuller." I saw hi m in tbe rear of the s!erifT.s office the. day of the killing. He said 'he wanted to speak to me, and we stepped aside, and he ask rue to-see Akonk (David Watkins) and tell bim to say nothing about wuat he showed him the other night. In coasequence of it. I saw Watkins and told bim as' reqiifcsted." Here tbe State asks h'm to tell whai Watkins said when be delivered the message objected to. by the de tense. The State also proposed f6 show what he told Monk in addition to. the message objected to by the defense. The court excludes it and the witness continues: . The rel tiona existing Jbetween -Fullei and myselt are very friendly, We are not related by blood or marriage" : ' On cross exam ination the witness Diyid. Watkins. recalled, said : 4After the homicide I had a conver sation with Mr Morris." ' The defendant objects- to : the con. versaiion. The;Suate offers to show that the defendant tried to suppress evidence after the homicide warid to corroberate Mbrris, ' Tu ' -defence state, they (,dnot, deny- ; what : Mr; Moms said. The court admits jt-asl oorroborativ of Morris and the wit nei3 coiitinues. . ' "Mc. Morris delivered a niesaage to me that Fuller sked bim tiv tell me nott o sav anvtlii nor abnut what, te.showed me a,night or rw.J before." Miss Emma Steele, examined bv Col. Argo; said : ; "I live in. Fayette vilie. I am acquainted with' Fuller, the prisner at the bar. I . also knew Parker.' Fuller was a frequent visi tor at our bouse, as was Parker. saw. Fuller at our house on Monday night .before tte homicide. Fuller. PaVker, my sister Loula and myself were present. There was a conver sation between sister Loula and Ben , Parker the deceased, in the presence of Filler on Monday nisut My sis ter Loula and Fuller were sitting on the front piazza and Parker and my self were sitting on the back piazza. Fullerand my sister came out where Parker and I were and Fuller says r I understand, MK Parker, you said to day I was a liar.' I. told Parker that. Mr. Fuller said he would whip me as he would any other street nig ger. Parker, then said : I did 'say to Miss Loula that that was a lie.' I My sister was very angrv with Par ker Jud abused bimbut Parxer made no reply, fuller and my sister left j ad went down to my brother's house. X live on' Mum foTd street. My brother Walton!. 1 did not see some time before then. .At rker was killed I was en- married to him." here otfered to ask the . question as to how Fullerwos recei- ved at the house, in order to show I that he was not in as good favor with .tue family as Parker, io order to court exc uded it. The State then KUU lu.e'Won : "uo you Know "iiciuci ruuer w us engageoi io your lister L.oulaf, and the defense ob-( jjected. Obiection overruled. Thej witness, however, answered ttiat she i dia not, and defendants asked that it be taken down. Miss Addie Chandler, examined by Col. Argo, said : ! live in Fay ettevilie. I have lived heje teen or Eighteen years. I lived Mr. Steele's. . I was acquainted with! r-arKer and luller. I saw Fuller at Mr. Steel's Monday. Wednesday and Thursday night before Parker was killed on Friday. I did. not know that Fuller and Miss Foula were en- gaged." sation between Fuller and Miss Loyi on Wednesday right in reference to their getting married. - Tue defea. objects, and the cmirt mrrules li onjectiou;'; The elendaAtexcepteu and the witness proceeded 'M Fuller told JLiiula tha bd would roariyer.m two or three dhJ Slie seemed worried, and he s he would take her away from the e people where sue .would never them again. , This was on 7edntsd2 night in tbe early piu of lheigJi lit -HeTWa,iJ - ront 'P1 with M isa Loula. . A a I waa m2. in il house fuller toll me to wt .a"-mlnT ute, and nri-'said tbat he "was einV tcithat fellow Parker, and calh what she did. and said m re beside . Then if he dared to resent it, hi was going to slap bim in the fice - tie a Pux T f" "V be. re sented tbaKlhat'be was dolns loh Laud kill him. audi!1; tcjidihimitliat nouiu oe uung 11 ue qiq, . 1 wfent on in the house. . i don't think Fuller imadfe ahy.Yerjly to wliat I said , ! Cross examined by Mr. Shaw thV wrYela'rd bive liv6d at Steele's seventeen or eighteen year It is my home. 1 did not secrete myself to hear the Conversation. was not feavesdroppiog.. 1 WuS'sii ting near . them. ;Tbey were not . iQi the habit of talking their private af laiia uciurc iuc, uub Ulil bUat' DlVQt. ' Shortly after tbe homicide 1 went to Dunn on a vis&toJMr. Ed. Parker and .lr. XToprc upon invitation of the families; Ed Parker is a? brother ot ii en Parker, ana Dupree is a broth. ervm-iaw 01 111s. 1 also saw there Mr. Jones and Col. Aago, 1 did UQt expect ;ttj see Cdi; AT 'Wheii I went to D.unn. .1 thought I would see Ifr. o ones, as lie live'd there. ' U was two weeks before I saw Mr.- 4ones i- did not talk with bim in regard to the case, uub am umk w uoi. Argo. 1 dun' l know' whether 061. Argo" went there to see me or not. 1 bad a coo- versation wit b Mrs. J oh n Steele, "hut did not te4l her: thav I never heard- fuller make a thaeat. 1 read part of the testimony' before the coroner. .1 rooil tHt. !! vharrf If W i rw u.i w Mia, it cob iBtUK that ahe bad heard aae say something about threats. 1 did tell Mm. John Steele thai 1 ' did not say anything about threats to Mrs. West. 1 M not tell Mrs. Steele that I had beard uUefs'aeUrV'l- aaidftlhat d ri did not tell Mrs, West what she swote . . 1 .ii it : l . . . - 1 oj to do so; 1 told Co.. Argu be cause 1 chose to do ,so.' -The reason 1 did not tell . Mrs. Steele about it tuen was that she wi. at Mrs. Wak '.ton s gate, and I was in a hurry top) nome, as tney were very sick. 1 if. ter wards told Mrs; SUel ather houw in tbe presence of ber husband about tbe threats. ' afterwards went oo a visit to Bed Spings with Miss -Eo ma Steele, and came back with . Lcf last Monday morning. ' 1 Was siiffl mwned to court yesterday morning. v i didL?not come pack, to testify in : the case, because 1 did not want, lo testify ia the cast. 1 came back to uiy borne.. -1 have some feeling la tbe matter, because 1 think it is a 8ad affair! ' 1 don't know whether 1 told Mrs. John Steele that 1 would be glad to have Fuller hung. 1 bare not furnished a dollar for tbe prose cution of this case. t. 1 am frndly with MUi Km ma." K ' . Qn,.re-direct examination by Col. Argo tbe witness said i Parker ane 1 were not on good term8, 1 do no know whether Fa ler knew I was out on good terms- ' with ' Parktr at the time of the conversation 1 wes boroe in Brunswick, Ga., and my motber.-. died' when 1 was -3 years of sg When my jmotber died 1 caoe to Fayettevii let tq live with my sunt" Mrs. Steele, and have been livioj with her ever .since.,, 1 went to Bw Springs and t)unn; to be with Miw , Emma, as she was io-bad health. I went to Dunn upon invitation of Mr: Ed. Parker and Mrs. rhipree' The Sute here tried to show that Miss Chandler is a member of lbe church, and that she consulted W pastor as to ber duty tb disclose wh she knew. Upon Objection by tbe court overrnled it. . The Sute here rested ps case nd tbe defendant's counsel retired fof consultation. J EVIDENCE FOR THE DEFENC8. continued CJMlBMMtm MMttBUMlltmSM loUiif Tali. ntttmrrj. -. mmrt WILBUR R. SMITH. mr m
The Democratic Banner (Dunn, N.C.)
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Feb. 1, 1894, edition 1
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