Second Day. The examination of Balus, Eddins was respond as follows: The difficulty occurred on Saturday; the witness has been in poor health ever since; he suffers in head and ‘back and side particularly; the pain is in the small of his back direct- ly behind the wound. [At the instance of the counsel for the defence, the Judgo Advocate was required to set forth in the recorded proceedings of the Court an exact description of the wound, which was exhibited.] W. T. Hamner, Jr., was duly sworn and testified as follows:- ,Direct E.camination.Witness was present at the difficulty; it began at an auction; the auctioneer was selling an article, for. which a negro. had made a bid: Hollingsworth asked the auctioneer to hold on and let him see it; thí auctioneer told Hollingsworth to make him a liberal bid; fifteen cents) been offered; Hollingsworth said he would be d if he would give that for it; Hollingsworth them turned to the crowd and said “bid up niggers, bia up;” he repeated this and said, “why in the helli. niggers, don’t you bid up a nogro named Brown asked wlyy Hollingsworth didn’t. bid himself; Hollingsworth grasped at the negro; the:negro shov ed Hollingsworth away; Hollingsworth drew a little pistol and shapped it at thomegro thro or .three times; the negro took the pistol away from Hollingsworth, and threw it down; Hollingsworth threw a stool at the negro or struck at him with stool; the negro struck back with the stool; somebody got the stool away from the parties; Hollingsworth draw a pocket knife, and run at the negro with the kuffe; the negro threw Hollingsworth down; Hollingsworth underneath, had the knife iu his liand, over the negro’s head, cutting at him; some one called to the negro to get up; the negro said he wouldn’t while Hollingsworth had the knife; Hollingsworth broke the blade out of his knife some way or other; then the ne- gro got up; Hollingsworth went into Kirkman & Andrews’ store and eame out with a poker or a piece of iron; he started to go to the negro; the negro lad a big stick in his hand; lingsworth threw the piece of iron as the negro; the negro struck Ilollingsworth once, may be twice, with the stick; about this time Mr. Bandolph came across the street; witness walk- ed off’ ten or twelvo steps; Randolplh didn’t make any halt; ho walked right up and fired his pistol; the nesgro started to go into the store, but somebody told him not to go in there, and he then went towards Randloph; somebody said “cateh him;” Hollingsworth then knocked the negro down with a brick-bat; somebody came up and asked what was the matter the negro said he had been stabbed; he was asked who did it. [The answer to this question tras objected to by the counsel for the defence, and the objection was sustained]; Randolph was standing in the street with a knife in his hand; witness was fifteen or twenty steps from Randolph; wit- ness though it the .blade of the knife was seven inches long and the handle four inclines long; the negro that was stabbed and that witness saw on the ground, was identified as Balus Eddins; witness couldn’t remember when this occurred; it was on a Saturday; it occurred at Tuskaloosa; the wounded negro was carried to a woodsliop; witness thought the negro was it a bad condition when he was carried off; the negro was bleed- ing from the side. cross Examination. hollingsworth) did not ent any body; didn’t know how Hollingsworth broke lis kuife; saw Hollingsworth with the knife in his hand during the fight; didn’t say Hollingsworth had the negro down; did say the negro had Hollingsworth down; after lic was ent, Eddins walked fifteen or twenty steps before he fell: Hollingsworth struck Eddius with a brick-bat or rock just before the latter fell; witness didn’t see it, and din’t see Hollingsworth throw at Eddins; saw a brick-bat or a rock ly. ing near Eddins; couldn’t say whether the knife Raudolpli had was a knife with a fixed handle or not; was not near enough to see; supposed it had a fixed handle, Re-direct Eramination. It was Ed. dins who had Hollingsworth on the ground; wasn’t positive about this didn’t know how near Hollingsworth was to Eddins whe: Kandolph fired; didn’t see Hollingsworth until after Randolph had fired; next saw 1101 lings worth after Eddins was down; Hollingsworth was then 20 or 30 steps from where Eddins fell: Rantlolph was about 15 or 20 steps from Eddins when the latter fell. Cross-Examined.-Wasn’t: as positive that Brilins is the negro that barl
Here the Judge Advocate announced that the case for the prosecution was closed; and Thomas H. Curtis was called for the defence: Direct Examination. Witness lives in Tuskaloosa; knows Ryland Randolph; was present and saw the difficulty between Randolph and Eddins; it grew out of a fight between Hollingsworth and a negro named Brown; Hollingsworth and Brown were fight- ing; for some time nobody interfered; finally they were parted; the difficulty seemed to be over; Eddins camo up armed with a big stick, cursing the white people, and swearing they shouldn’t run over his. brother; Hollingsworth came out of. the store and walked through the crowd of negroes; 1 didn’t think Hollingsworth had seen
Hollingsworth down as ho was that Eddins is the negrogs tabbed in the fight; didn’t see Randolplh: when Edslins fell; ewhen first Randolph after the negro was down lie was in the middle of the street, in front of Foster’s harness shop; itlayns three or four minutes after/the negro fellt that witness saw Randolphif there was a good big crowd about when Eddins fell; the corner where the negro fell is called Foster’s corner; the shoe shop is on the corner; thie harness shop is nextito the shoe shop. Examined by the Court.-Randolphi fired in the direction of Mr. Rhea’s to- wards, the wall; couldn’t say lie fired at any one in particular; Eddins was the not see what Eddins was doing when Randolph fired; thinks = Eddins was stauding with liis, sile towards Ran- dolph; was:10. or 12 steps. from Ran. dolph when ‘Randolph fired. the Judge Adrocate.- If the negro, was eut while Hollings- worth was on the ground, witness didn,t know it; Hollingsworth. had his knife in his hand over the negro’s head trying to cut him; dou’t know whether the, nagro that had Hollings: worth down was Eddins on not; Hol- lingsworth commenced the fight with Brown; can’t say whether it was Eddins or Brown that had Hollings worth down. The Judge Advocate here submit- ; ted extracts from the Tuskaloosa Monitor, of which the accused was and is editor. The counsel for ‘the defence-objected. The objection was overruled, and the extracts read as 1 follows: Hollingsworth down as ho was that Eddins is the negrogstabbed in the fight; didn’t see Randolpli: when Ed- slins fell; ewhen first Randolph after the negro was down lie was in the middle of the street, in front of Foster’s harness shop; itlayns three or four minutes after/the negro fellt that witness saw Randolphif there was a good big crowd about when Eddins fell; the corner where the negro fell is called Foster’s corner; the shoe shop is on the corner; thie harness shop is nextito the shoe shop. Examined by the Court.-Randolphi fired in the direction of Mr. Rhea’s to- wards, the wall; couldn’t say lie fired at any one in particular; Eddins was the not see what Eddins was doing when Randolph fired; thinks = Eddins was stauding with liis, sile towards Ran- dolph; was:10. or 12 steps. from Ran. dolph when ‘Randolph fired. the Judge Adrocate.- If the negro, was eut while Hollings- worth was on the ground, witness didn,t know it; Hollingsworth. had his knife in his hand over the negro’s head trying to cut him; dou’t know whether the, nagro that had Hollings: worth down was Eddins on not; Hol- lingsworth commenced the fight with Brown; can’t say whether it was Eddins or Brown that had Hollings worth down. The Judge Advocate here submit- ; ted extracts from the Tuskaloosa Monitor, of which the accused was and is editor. The counsel for ‘the defence-objected. The objection was overruled, and the extracts read as 1 follows: Eddins; Eddins struck Hollingsworth with a stick; about the same time Hollingsworth threw a piece of iron at Eddins; Eddins was about to strike Hollingsworth again, when Randolph came up from the opposite side of the street; there were several persons between Randolph and Eddins; Randolph spoke to Eddins and fired his pistol; the pistol was elevated; the ball struck the wall ten or twelve feet from the ground; Eddins run at Randolph as soon as the pistol was fired and struck at him with his stick; Randolph, witness thought, caught the blow on his arm; they clinched and Randolph out Eddins with a knife; don’t know in how many places Eddins ent; they separated, an Eddins went one away and Randolph went the other; there were several persons between Randolph and Ed- dins ,when the, pistol was fired; the pistol was elevated enough to go above all their hands; think Randolph shot at Eddins; the couldn’t have done without probably hitting otlièrs; this occurred in Tuskaloosa on hr Saturday, about the 28th of March; it was about 15 or 20 steps from where the fight was to Foster’s corner; after the ‘alleged stabbing Randolph went towards his office, in an opposite direction from Foster’s corner; saw. Hollingsworth and Ed dins in a fight before Randolph came np; Eddins struck Hollingsworth twice with a stick; didn’t see anybody strike Eddins after he and Randolph parted; didn’t see Hollingsworth use a knife in ‘his fight with Eddins Hollingsworth used a knife in his fight with Brown; from Eddins’ position when lie fell, Randolph could not have thrown a brick-bat or rook to hit him; they were about 30 steps apart; saw Eddins strike at Randolph twice before they clinched; before Eddins strnek Randolph, Randolph told him not to strike that white man; didn’t see Eddins fall at Foster’s Randolph dil not appear to shoot at any particular person; he fired over the heads of the crowd; witness is 54 years old; has lived in Tuskaloosa since 1852; the stick used by Edilins was a very large ono Ed- dins’ content was very violent; .he was (cursing generally everybody there; he said they shouldn’t rnn over bis brother; Brown is `not Eddins brother. Cross Examination. Witness was 5 or 6 feet from Brown-and Hollingsworth when their difficulty commenced; as about 15 steps from Randolph when he fired; Randolph was 6 or 8 feet from the crowd when he fired; doesn’t remember the names of per- sons in the crowd; they were freed men. Examined by the Court. Witness heard Randolph say; about the time of the shooting, il don’t strike the white man any more;” heard Randolph: say nothing after the firing; there were four or five in the crowd [around Eddins] when the pistol was fired; all colored. William Farish was and sworll. Direct Examination. Witness knows Randolph and Eddins; saw them in a difficulty, on Saturday, the 2Sth of March last, in Tuskaloosa; Heard and saw a pistol fired; it was fired by Randolph; Eddins struck Randolph wice; Hollingsworth had a difficulty with some negroes near the store of Kirkman & Andreirs; Randolph came Across the street to where the fight was going on, walk ed in the crowd, and fired a pistol upwards; immedi; telyalter the firing, Eddins struck at Randolph with a stick; Randolph caught the blow on his arm; Eddins struck Randolph twice and was in the act of striking a third time, when they clinched, and Randolph cut Eddins; just before Randolph came up), Eddins was flour ishing a stick; Eddins had his stick by the little end, in both hands, and drawn up over his right shoulder in a threatening manner, as lie approached Randolph; the stick was an usually large walking stick; couldn’t say what knd of wood the stick was; saw Eddins when ho fell; after Randolph eut Eddins, the par- ties separated, going in opposite directions: Hollingsworth pursued Eddins with a stole weighing from two to four pounds in his hand, and struck him on the head, knocking him down, on Foster’s corner; Hollingsworth struck Eddins a second time, ou the back of the head, after Eddins fell, and drew a small knife and struck Eddins with it several times; couldn’t tell whether the knife ent Eddins or not; Eddins walked 25 or 30 feet after he was eut before he Randolph was distant, when Eddlins fell, about 50 feet; Eddins walked from near the store of Kirk- mail & Andrews to Foster’s corrier before he fell; think it is from 30 to 40 feet from it. & Als store to Foster’s corner, [this witness evidently has almost no idea of distance.-RE- PORTER]; the direction of Randolph’s pistol when lie fired was sneli as to indicate that lie did not fire at Ed- dins; the ball from Rudolph’s pistol struck the wall about 12 feet from the pavement. James Rhea, Jr., was called and sworn Witness lives in Tuskaloosa; knows Randolph and Eddins: saw them in a fight; on the 28th of March last, near Kirkman & Andrews’ store, in Tuskaloosa; heard a pistol fired on that occasion; didn’t see it fired; Randolph fired it; Eddins advanced towards Randolph with a stick in his hands, raised; Randolph got out a knife and opened it; by that time Eddins had reached Randolph; Eddins struck at Randolph with his stick: Randolph dodged the blow: Eddins struck at Randolph a second time, and Randolph warded out the blow with his arm; then they clinched: thinks Randolph but the negro; Eddins was try. ing to strike Randolph all the time; don’t know which of the parties left first; Randolph -vent- towards his office; Eddins struck the first blow he struck twice, the first blow was dodged, the second caught on Ran arm ; Eddins had been in a fight with Hollingsworth immediately before the difficulty with Randolph; Eddins advanced on Randolph with a large hickory stick, grasped by the small end with both hands, and raised in a threatening manner over his right shoulder; didn’t see Eddins fall; don’t know what caused him to fall; Eddins walked about 50 steps from where he was ent before he fell; Randolph had gone across. the street in an. opposite direction before Eddins fell; don’t know how far it was from Randolph to Eddins when the latter fell; Eddins walked from near Kirkman & Andrews’ to Foster’s corner before he fell; it is about 40 steps from K. & A.’s store to Foster’s corner; the ball from Randolph’s pistol struck the wall tem or twelve feet from the ground; saw Randolph about the time Eddins fell; he was then about 40 steps from Foster’s corner. The next question asked by the console for the defence was this: ” Did you hear Randolpli say, at or soon after the diffienity, anything go- ing to explain the cause of his firing the pistoI? This was objected to by the Judge Advocate. The objection was sustained, on the ground that the words soon after” were too indefinite, Cottr. adjourned till to-morrow at 9 o’clock, A. M.