State vs. B.F. Fridge, East Baton Rouge Parish, Louisiana Aug. 1, 1885 - Feb. 27, 1886 - Capitolian - Advocate File prepared and submitted by Sherry Sanford. ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** PROCLAMATION ---------- $ 200 Reward State of Louisiana Parish of East Baton Rouge Whereas, by an ordinance passed by the Police Jury of this parish, at a regular meeting held on Tuesday, the 14th day of July, 1885, the Sheriff of said parish was authorized and empowered to offer a reward of two hundred dollars for the arrest and conviction of one GREEN WATSON, who, on the nineteenth day of June 1885, on the Jack Redden place, in the parish of East Baton Rouge, did commit an atrocious murder upon the body of Croft Holmes, who after the commission of said crime made good his escape and is now a fugitive from justice. Now, therefore, I, J.W. Bates, Sheriff of this parish, in conformity with the aforesaid ordinance, do issue this my proclamatin calling upon all good citizens generally, to aid and assist in procuring the arrest of the said GREEN WATSON, so that he may be tried for the crime for which he is and is indicted, and by virtue of the authority in me vested, I do hereby offer a reward of two hundred dollars for his arrest and conviction. This proclamation to be in full force and effect during the period of four months. DESCRIPTION OF GREEN WATSON White, about eighteen years old, 5 feet to 4 inches high, weighs about 140 pounds, square built, bow-legged and has a swinging walk, light hair, boyish looking, large blue eyes, quiet disposition, fuzzy growth of beard and moustache. July 16 J.W. BATES, Sheriff THE FRIDGE CASE The case of the State vs. B.F. Fridge, Joel Barnett, Nelson Kirby, Green Watson and Albert Jackson, accused of the murder of Croft Holmes, on the 19th of June, 1885, was called up for trial in the District Court, at 12:10 Monday. After consultation, the attorneys for the defense announced their readiness to proceed with the trial, and the court ordered that the jurors be called. The regular venue was exhausted at about half-past two o’clock, out of which three jurors, viz: J.B. Williams, Pike Babin, and Hampton Burris, were obtained. The court then ordered the sheriff to summon one hundred talismen to report at 4 o’clock p.m., and ordered a recess of the court until that hour. At about half past four o’clock the court met and the work of selecting a jury was recommenced. A list of twenty-five talismen were made out from which two jurymen, Messrs. R.C. Gordon and Moore Allen, were obtained. The sheriff then made out another list from the number summoned. From this list one juryman, Mr. J.B. Kleinpeter, was sworn. Judge Burgess then ordered that the six jurors be kept in the courthouse under the charge of the sheriff and that court be adjourned to 10 a.m. Tuesday. The State is represented by District Attorney Beale, assisted by ex District Attorney Geo. W. Buckner. The accused are defended by Messrs. E.W. Robertson, E.F. Russell and K.A. Cross. The legal talent on both sides is strong, and it is evident that every inch of ground will be closely contested. In the selection of the six jurors 26 persons were excused for cause, 13 challenges were made by the State, 11 in behalf of Mr. Watson and 7 in behalf of Mr. Fridge. ( Missing pages for 1st & 2nd day of the trial) (THIRD DAY OF THE TRIAL) The third day of the trial, of B.F. Fridge et als., charged with the killing of Croft Holmes, closed Wednesday evening at about 6 o’clock, with the selection of the twelfth juror. The panel is composed as follows: J.B. Williams, Pike Babin, Hampton Burris, R.C.Gordon, Moore Allen, J.B. Kleinpeter, Mills Whitaker, Z.T. Brown, Eli Browning, Archy Clark, Jack Morrison and W. A. Simmons. During the time this jury was being selected the regular venire of 30 jurors was exhausted, a list of one hundred talesman was exhausted, and out of a second list of one hundred talesman all but about sixteen or eighteen were called. Of thirty peremptory challenges due the State, twenty-eight were made, and forty-nine of the sixty due the defense were also made. There were fifty-three challenges for cause and a large number of talesman were excused on exemptions. When the jury was completed the judge delivered the usual instructions to the sheriff and the jurors, and ordered court adjourned to 9 a.m. Thursday morning. TRIAL OF FRIDGE ET ALS. Fourth Day. The fourth day of this trial began on Thursday at 10:30, Attorney-General Cunningham, appearing to assist the District Attorney. Judge Buckner, who had been employed by the prosecution only to assist in empaneling the jury, did not appear in the case. The Courthouse was crowded with spectators. The trial of the case began with the reading of the indictment to the jury by the District Attorney. The first witness was called at 11:45. Mr. W.A. Craig, J.P., fifth ward, sworn -- The witness testified to having held an inquest on the dead body of Croft Holmes, on the 19th of June, 1885. Recognized the process verbal. Certain statements in the process verbal were objected to by the defense, and the objectionable part was ruled out by the court. The document was then filed as evidence of “corpus delicti”. Witness examined the body, found twelve holes in the right side and two glancing wounds on the side, all looking as if they had been inflicted by buckshot. Described in the field, locating the body and surroundings. On the morning of the shooting, at about 6 o’clock, Barnett came to witness’ store and asked if Fridge and Kirby had been there, and remarked that he had come to meet them for the purpose of settling the Holmes matter, and would not stand any compromise between Fridge and Holmes, shortly after Kirby came up. In speaking of the admission of the prisoners Kirby said when Holmes came toward them he asked Holmes to give the name of the author of the rumors in regard to his sister. Holmes answered the Jacksons, when Kirby gave him the lie and deceased fired at them, and the shooting on their side began. On cross-examination, witness stated that Kirby and Barnett left and went down the road. Stated that Holmes was at his store a few days before the killing and left a shotgun. About half an hour after Fridge came up and passed on. Shortly after Holmes returned, and witness asked if he had met Fridge; he said yes. Witness then inquired if they had spoken, and he replied yes. Holmes stated that he had a notion when he met Fridge to speak about the matter between them and Barnett; but concluded that if Fridge did not come on to him, he would not go on to him. Stated that Holmes had a pistol. Mr. Charles Arthur, sworn -- Knows all of the accused. On the morning of the killing he met Messrs. Barnett, Fridge and Kirby and Jackson about two miles below Craig’s store riding towards town. Did not see Watson. Mr. R.W. Honea, sworn -- Heard of the killing; saw five persons ride by his house at about 8 o’clock that morning. His eye sight was bad and could not distinguish who they were, but his daughter also saw them and told him their names. Mr. J.C. Brown, sworn -- Sat on the coroner’s jury that examined the dead body of Croft Holmes. Described the locality, position of body, etc. Wm. Cook, Sworn -- Was present after the killing; described the wounds on the side and stated he saw a bullet hole between mouth and chin at location of the imperial. Described locality and position of body. On cross examination stated that he was not unfriendly towards accused and denied having made any contribution in aid of prosecution. Mr. J.T. Craig, sworn -- Sat on the coroner’s jury; described the wounds, location of field, its surroundings and position of body. Went with posse to arrest accused; found Messrs. Barnett and Jackson at Mr. Lovett’s; Jackson was allowed to go home with Jim Fairchilds, one of the posse, and Barnett was taken with the posse to Nelson Kirby’s where the latter was arrested at about 12 p.m. that night. Barnett stated to him that he had nothing to do with the matter further than go there with Fridge to straighten up the rumors that had been circulated about his sister; also that Fridge had fired five shots and described the place where empty pistol shells had been thrown; witness went there afterwards with another person and found the shells as described. Took a large pistol and cartridge belt from Jackson when he arrested him; Jackson made no resistance (pistol and belt identified). Jackson said he had nothing to do with it further than to go along as the friend of all parties and took no part in the shooting. When arrested Kirby admitted being there but denied firing any shots. Kirby said that when Holmes came towards the fence he asked of the author of certain rumors, when Holmes mentioned Jackson, and upon Kirby’s disputing the response Holmes fired one shot and the shooting then began. William Westbrook, sworn -- Saw the wounds in Holmes side; went with the posse to arrest the accused; related the substance of Mr. J.T. Craig’s statement relative to the arrest. Barnett asked him how they found out about the killing and he replied that Kirby had called to Eli Britt on the road and told him somebody had killed Croft Holmes in Jack Redden’s field. Also that Fridge had told Crowly Holmes that his brother had been killed and admissions made to Crowly Holmes. Barnett told him Fridge had fired four or five shots; that he had gone to Redden’s field to see Holmes and tell him to come to the fence to settle the matter in a friendly way and that Holmes did go. The words between Kirby and Holmes were repeated as coming from Kirby to witness. Mr. Jackson also stated to witness that Barnett said Holmes told him to tell his friends to come on he was not alone. Barnett also told him that Holmes fired the shot at Fridge. Also that a shot was fired from behind them; that Green Watson was behind them and had a shotgun. Witness stated that Jim Fairchild, one of the posse, went home with Jackson and staid there that night. Next morning when the party returned from Kirby’s, Jackson was outside, and they asked where Fairchild was and Jackson said he believed he was in bed asleep and went in to wake him up. When Fairchild came out the posse started to town with Barnett, Kirby and Jackson as their prisoners. Mr. A.A. Croft, sworn -- Was a member of the coroner’s jury. Described the wounds, the locations and surroundings of the field, corroborating other similar statements. Knew none of the facts. Recognized the shirt taken from Holmes’ body when it was dressed for burial. Saw one mark of a shot - the top of a bush was cut off. A question was asked on cross examination whether Holmes had borrowed a gun from witness’ son. It was objected to by the State and the jury withdrew to allow argument of the objection. The defense desired to prove that deceased had borrowed the gun three days before to go squirrel hunting, and that after his death the gun was returned and that witness unloaded it and found it contained loads of buckshot. The court ruled against admitting the evidence and the defense took a bill of exception. Jack Redden, sworn -- Barnett came to his house the morning after the killing; passed through his yard into the field to see Holmes; afterwards returned same way and shortly after heard one shot followed by others. His impession is that the first shot sounded like that of a shotgun. Described the location of his place, the field, etc. Was sick in bed at the time and knows nothing further about the facts except from hearsay. On cross-examination he stated that he first heard a dog bark, one shot and words sounding like Oh! Oh! Followed by other shots. These words did not sound like Hold! Hold! Mr. Eli Britt, sworn -- At about sun up Green Watson came to his house with a shotgun; he asked him where he was going, and Watson said out on the road to straighten up Some d--d lies. Also said that Fridge had stayed up all night at his brother Nels. (Meaning Nelson Kirby), and that they would be along presently. After the shooting saw some persons coming from the direction of Redden’s field, and when they came nearer he recognized Fridge, Barnett, Kirby and Jackson. Kirby called to him and said some one had killed Croft Holmes in Jack Redden’s field. When Watson left witness’ house he went in the direction of Craig’s Store. Witness was on his way up the road and heard the shots. Did not distinguish a difference between the third, fourth and fifth shots. Court then adjourned to 9 a.m. Friday. TRIAL OF FRIDGE ET ALS. Fifth Day. Court opened pursuant to adjournment, a large number of persons being present. The case being called, Mr. Eli Britt, a witness for the State, who was on the stand at adjournment, concluded his testimony by stating that in order to reach his home by the nearest route, Mr. Watson would take a different route from that taken by the other four accused when they left Redden’s place. Mr. Ed. Brown, employed on Kirby’s place, stated that he saw Fridge and Jackson at Kirby’s that morning; saw Kirby there an hour by sun that day; did not know where Kirby staid the night before the shooting; he saw Fridge and Jackson come in and saw them ride off shortly after with Kirby. Did not see any arms; did not see Watson with a shotgun. Kirby had told him Jackson was at the house; did not know him; recognized Jackson among the accused in the court room as being the man he saw Watson ride off half an hour before the other three named; he remained plowing in the field that day. Crowly Holmes, brother of deceased, was the next witness called. He was plowing his field when he heard his horn blow; started to the house and when he got near his corn crib he met the parties; as he came up Fridge threw up his hands saying, Crowly, Croft has been killed; witness demanded to know how did the shooting, when Fridge stated that they had gone to see Croft about the reports that had been circulated and that he fired at him; that when Croft fired he rolled off his horse and fired one shot at him. Barnett also stated they had gone there for the purpose named and that when Kirby asked Croft for the author of the remarks about his sister Croft said Jackson and Kirby gave him the lie, whereupon Croft fired at Fridge. They also told him the man who killed Croft was not in the crowd, which consisted of Fridge, Barnett, Kirby and Jackson. The parties then rode off and as they did so Barnett turned to him and said, if you need any help let me know. Witness went immediately to the spot where his brother lay, pulled the body into a shady place where it fell and covered it with a quilt. In relating the admissions of Kirby and Barnett to witness, their statements were about the same as those related by Fridge, except that Barnett told him about their going to Croft’s house to see him and not finding him went over to Redden’s, where Mrs. Holmes, mother of the deceased, told them he was at work. Barnett also told him that after the shooting, Croft was downed and called to him, that he got over the fence and went to Croft, who looked up but did not speak and he thought he was then dying. On cross examination the defense asked witness if he had not written a letter to Fridge explaining the purport of certain scandalous rumors about the sister of Kirby. The State objected to witness answering, the court sustained the objection, and the jury was withdrawn to allow counsel to argue the reasons why they desired to prove that fact. The jury returned into court at 2:30, when the cross examination was resumed. Witness found his brother’s pistol about 15 or 20 feet from the body. He and his brother were natives of Pike county, Miss., and the latter had resided in this parish about a year and a half. On redirect examination, witness stated two of the cartridges had been fired, as the shells were empty when he found it; thinks the pistol was laid where he found it; showed no evidence of recent discharge; that it had dry dust and crumbs, as if from the pocket, inside the barrel. The State offered the proclamations of the Governor and Sheriff, offering rewards for the arrest of Green Watson, to show that he was a fugitive from justice. Mr. R.W. Tucker testified as to a visit to his place of business after the shooting, on the day it occurred by Fridge, Kirby and Jackson; Barnett came with them but rode on; Fridge and Jackson asked for their mail; saw Fridge was excited about something and asked him what it was; at first Fridge evaded stating the reason, but afterwards remarked that they had gone to Holmes to settle the matter of those rumors; that Holmes had fired on them and that he had returned the fire, but he did not believe his shot killed him. Fridge also said what he had done was in self-defense. The parties then left the store. Miss Honea was called, and testified to having seen five men ride by her father’s house, going down the road, on the morning before the shooting, and that she recognized Watson and Kirby. Mr. King Lovett testified to seeing Barnett at home that morning before the shooting, and to seeing him and Jackson at about 12 o’clock. Had heard Barnett speak of the scandal as if the responsibility for it laid between Fridge and Croft Holmes. D.S. Gaster, aid to the Chief of Police of New Orleans, testified to having gone to Dallas, Texas, after Watson; that Watson had been arrested by a detective at his request; that Watson was known where he was arrested by the name of Tom Thompson; that Watson would not acknowledge his right name until after the indictment and warrant was read to him. In speaking to Watson of the murder, the latter replied: “If we did kill a man we did it in self-defense.” Pompey Noble testified to Watson calling on him for the loan of a pistol for Kirby, on the morning before the shooting. He did not have the pistol and Watson did not get it from him. Watson had a shotgun. Robert Redden, Jr., testified to the finding of the five empty shells spoken of in the testimony of J.B. Craig. They were found about 15 feet from the fence where the shooting occurred. William Noble testified to Watson’s calling on him, while at work in the field, for the loan of his pistol for Kirby. This was early in the morning, before the killing occurred. Watson had a shotgun with him at the time. Heard of the killing afterwards through Mr. Britt. On being recalled, he stated to the defense that the pistol was returned loaded. It was ten days after the killing when the pistol was returned. James Fairchild was deputized to arrest the parties; arrested Jackson and Barnett; Jackson asked witness if Holmes was shot in the mouth. On cross examination, witness said all that Jackson asked him about it was if Holmes was shot in the mouth; denied promising to help pay for the prosecution. Mr. W.A. Craig was recalled and identified the pistol picked up in the field belonging to Croft Holmes; gave his opinion of how the shells and barrel would have looked had it been recently fired. Mr. Jack Craig recalled and testified to the finding of the pistol, but had made no close examination of the weapon. Mr. A.A. Croft recalled and testified to the finding of the pistol; to its appearance, which was, in his opinion, that it had not been recently fired; saw specks of rust in the chambers containing the blanks or shells. W.J. Westbrook recalled and stated he saw the pistol, but did not examine it; said Crowly Holmes showed it to him at his gate and remarked to him that Croft had only fired twice, two of the shells being empty. On cross examination, witness stated he was not related to any of the accused and had no interest in them. William Cook recalled -- Crowley Holmes showed him the pistol; did not examine it. Eli Britt recalled -- Saw the spot where Holmes’ pistol was found; it was on a little elevation of the ground; did not examine the pistol closely. A youth by the name of Smith was called and sworn; had heard of the murder; saw Green Watson go up the road that morning with a shotgun. On cross examination the defense asked if he had heard Croft Holmes use scandalous language about Kirby’s sister. The State objected, and the Court sustained the objections. The defense reserved a bill. The jury retired, and the attorneys for the defense stated that they desired to show by this witness that such language had been used by deceased as against Fridge; that they desired to disclose that there was no conspiracy, and that Kirby was merely taking steps to fix the responsibility for the scandalous rumors when he went with the party one that day, and that Kirby had no motive to kill Holmes. Court then adjourned to 9 a.m. Saturday. TRIAL OF FRIDGE ET ALS. Sixth Day. Court opened last Saturday morning with the usual large attendance to witness the proceedings in this trial. The case being called, young Smith, who was on the stand at adjournment the night before, testified on cross-examination that deceased told him at Fridge’s Store that Fridge had denied being connected with the reports about the scandal, and that Fridge would have to acknowledge it or they would have a fight. Holmes told him the reports were against Miss Watson; heard him say the report was that Miss Watson had to go away on account of being in a delicate condition. Witness told Sam. Kirby of this conversation, after the killing of Croft Holmes. No influence had been brought to bear on him, nor had any one threatened him. The District Attorney was sworn, and testified in substance that in order to identify the parties who had been seen passing Mr. Honea’s on the morning of the killing, he had this witness supoened; hence there was no ground for suspecting that the witness had been influenced by threats or otherwise. A youth by the name of Craft was next sworn and testified to having loaned deceased a shot gun on the Wednesday before the killing; that one barrel of the gun was loaded with squirrel shot and one with buck shot that it was loaded the same way when it was returned on the Monday after the killing, and that he saw the gun at Holmes’ house on the day he was killed. On cross-examination witness admitted to having ridden to Mr. Pruitt’s with deceased, on the Wednesday named; to having met Mr. Fridge on the road; to Holmes remarking, “Well, Ben has come down;” to deceased’s going with him to his father’s for the shotgun; to having told his father about loaning the gun and to their having met Fridge on the road the day the gun was loaned. At about noon the State announced that they would rest their side of the case, but reserved the right to introduce rebutting testimony. After consulting, the attorneys for the defense asked that Mr. Daniel Morgan be called. Mr. Morgan was called and sworn; A diagram of the place on which the killing occurred, drawn by Mr. Morgan, was produced and recognized by witness. By request witness went to Redden’s field to make the diagram, some three or four weeks after the killing, in company with Mr. Jackson and Mr. Redden, who assisted in making measurements for the diagram. The two long lines on it were not measured and the distances set down on them were guessed at. The witness was then withdrawn by defense an consent of State’s counsel, for the present. Mr. R.H. Redden was next introduced and testified that he sat on the coroner’s jury, examined the body of deceased; found 12 buckshot wounds and two glancing wounds on the right side of the deceased’s body. Explained the nature of the ground, the location of the several objects on the ground, particularly the places where the oat cradle, the body and the pistol lay and the probable point from which the shooting was done. From a diagram made by him on the floor in front of the jury, he described the position of the oat cradle to be on a line with the gap in the pine thicket where the shooting is said to have been done leading diagonally to the left of the gap; that about on a line between the gap and cradle he found two shotgun wads. He then described the position of the body, which he said was to the right of the oat cradle towards the right or west side of the fence. Deceased’s pistol was found about half way between the place where the body fell and the gap in the pine thicket and nearly on a line with the latter. He also found a mark on a rail as if cut by a pistol ball, and the branch of a twig that looked as if it had been also cut by a bullet. Mr. Ed. Deas was called and testified that on the 18th of June lst he had passed through Nelson Kirby’s place, on his way to the rear of Jack Redden’s field, to set a bait for bees; that he stopped a short while at Kirby’s, and then went on to the place , where he placed some honey in a tin vessel to attract bees. After doing so he walked off into the woods to look for bees, and after being gone sometime he returned to his bait; seeing no bees around the bait, he continued to walk around Redden’s field and look at the crop, and see if there were any water melons. After going a short distance he saw a man in the field cradling oats. He continued to walk on around the outside of the fence, and presently he saw four men -- Messrs. Fridge, Barnett, Kirby and a man on a sorrel, bald-face horse, ride up to the fence in an opening through the pine thicket. The parties were all in plain view to him. After the men go to the fence, he saw the man in the field lay down his cradle and start towards the four men at the fence. After walking a piece from the cradle, the man in the field drew his pistol from his right pocket and fired at the men on the outside of the fence. As the man in the field drew his pistol, he saw the man on the bald-face horse throw up his hands and exclaim! “Hold, we come for peace.” As soon as the man in the field fired he (witness) turned and ran off through the woods; he did not care to be mixed up in the trouble. He heard three or four other shots as he ran off. This witness was put through a very lengthy and searching cross-examination by the District Attorney and Attorney General, and it was developed, that he had rented and cultivated land from Sam Kirby, adjoining Nelson Kirby’s, which is two or two and a half miles from Jack Redden’s; that he left the place and moved to a station on the Mississippi Valley railroad in the 4th ward on or about the 28th of September. That he had seen and talked with Messrs. Morgan and John Fridge about the case before he was subpoenaed and that about three weeks before the trial he was in town and called at the jail to see the prisoners, and that he talked with them. Also, that he had talked with George Forbes about the case before he moved away and told what he knew, and that to other parties he denied all knowledge of it. He explained this by saying that Forbes was the first one he talked to about it, and was advised not to tell what he knew, for the reason that he might be in some danger. Mr. Daniel Morgan was recalled and testified about making the diagram; explained to the jury all the points indicated on the map; about having secured the broken branch of the bush and the part of the rail on which there was a mark as if made by a pistol ball; explained the position of this mark with that of the spot where the accused were supposed to be when the shooting occurred and the pistol inside the fence, which he described as being on a line. The broken branch was five and a half feet above the ground and six inches to the east side of the line running through the mark on the rail. The rail and the little branch were shown witness and recognized, and he explained their position at the spot from whence they were taken. He brought them to town and gave them to Col. Robertson, one of the counsel for defense. On cross examination he stated Barnett, one of the accused, was a nephew of his wife, and that his sympathy with his family is what prompted him to take the interest he had taken in this case. His cross examination was quite lengthy and very full, in the course of which he went over the facts in his direct testimony. Mr. Wm. P. Jackson was next called, and stated that he was the father of Albert Jackson, one of the accused. The defense asked him to state the circumstances under which his son went with Mr. Fridge on that morning to meet the other accused and the deceased. Mr. Jackson stated that on the 18th of June last Ben. Fridge came to his house, called him outside and told him he was in a great deal of trouble, and asked him to let Albert go with him. At this point the State objected and the jury was withdrawn until after the counsel had discussed the evidence of witness. When the discussion closed, in which Messrs. Cross and Robertson for the defense and the Attorney General for the State participated, the court adjourned to 10 a.m. Monday. TRIAL OF FRIDGE ET ALS. Seventh Day. The seventh day of the trial of this case began at 11 o’clock on Monday. After Judge Burgess delivered his ruling, refusing the admission of a statement by the witness on the stand at adjournment, as to the name of the party who called on him the morning of the homicide to request his son to go with the said party to settle the difficulty, the witness, Mr. Wm. Jackson, was recalled and instructed to state why his son went with the party but not to mention the name of the party. Mr. Jackson then made the statement that a person came to his house and called him out; that the person stated he was in a great deal of trouble and wanted Albert Jackson, son of witness, to go with him to effect a settlement if possible. He told the person that if it was a peaceable settlement he had no objection to consenting to his son’s going, but he did object to his going if there was to be any trouble. Upon the assurance of the party that he was going to endeavor to have a peaceable settlement, witness went into the field where his son was plowing, accompanied by the person. When they got to where Albert was plowing, witness explained the object of the person’s visit, and the person mentioned also explained it, when Albert turned an inquiring look to his father as if for advice, whereupon witness told his son that if he thought he could effect a peaceful settlement of the trouble he had no objection to his going, if possible, to have a peaceable adjustment of the trouble, witness advised his son to go with the person alluded to. His son went on those conditions with his approval. He rode a bright bay bald-face horse, a color that some persons might take for a sorrel. Upon cross examination the State disclosed the fact that it was B.F. Fridge who had called on witness to ask his consent for Albert Jackson, one of the accused, to go with him, and the attorneys for defense endeavored then to get a statement of the entire conversation had between the witness and Fridge, when the State objected. The court sustained the objection and the defense reserved a bill. A recess until four o’clock was then taken. Upon reassembling Mr. Calvin Jackson was called and sworn to proved that he had never made any statements to deceased relative to Miss Watson. This evidence was ruled out and the witness was excused. Mr. Daniel Morgan was recalled to identify a copy drawn fro the diagram he had made. The witness thought it was a correct copy and contained the facts pointed out on his diagram. After a lengthy cross-examination it was finally agreed by both sides that in order to show directions and measurements by scale, as the ground actually was, it would be best to send a surveyor out and have a diagram made on the ground. Accordingly the court appointed Mr. Wm. G. Waller to accompany Messrs. J.C. Holmes, W.A. Craig and Eli Britt for the State and Messrs. R.L. Pruyn, R.H. Redden and Sam Redden on the part of the defense, for said purpose. Mr. Waller and the other gentlemen were sworn and left for the place, some 25 miles distant, as soon as conveyances could be obtained. They are to report as soon as possible to-day. Mr. Morgan was questioned as to the character for peace and order in the community and spoke of them as being good, peaceable young men. Mr. R.H. Redden was recalled, and testified that so far as he knew, the young men all bore a good reputation as peaceable and orderly citizens. Sheriff Bates was called and sworn; Mr. Bates testified that he knew Fridge, Barnett, Kirby and Watson intimately, and Jackson casually. He had not heard of anything derogatory to them for peace and order until the occurrence under investigation. He stated that Fridge came in and surrendered himself at the courthouse the day after the homicide. To a question by the State, Sheriff Bates replied that Fridge came in before Mr. Craig brought in Jackson and Kirby. Mr. Sam Redden was sworn, and testified to having observed the rail on the occasion of a visit to his father’s about ten days after. He stated that he believed the hole to have been made by a bullet, from the fact that the hole was rounding on one side and frazeled on the other. To a question he replied that the side next to the oat patch was rounding and the side next the open space in the ticket was frazeled. On cross examination the witness stated that he, in company with his father and Mr. Eugene Barnett, a distant relative of one of the prisoners, were looking over the place where the trouble occurred and talking about it when the mark on the rail was noticed. Mr. Jack Redden was recalled and testified that when Joel Barnett called at his house the morning of the killing he was on horseback, without a coat, and thinks he was in his shirt sleeves, with possibly a vest on. Saw no weapons about accused. When Barnett rode up he called, and upon being answered by witness asked, “Is Croft here?” to which witness replied, “Yes, he is down in the oat patch;” and directed the accused how to go through the yard and around the garden to where the deceased was cutting oats. Witness described the location of his fences and was then excused. The Judge ordered court adjourned to 9 a.m. to-day. The defense stated that they were nearly through with their testimony and would consult about the introduction of further testimony. The defense will probably close their testimony this morning, when the State will introduce their rebutting evidence. The map to be made by Mr. Waller will be introduced to verify or disprove the facts as shown by the diagram drawn by Mr. Morgan and of the statements made by witnesses of the location of the body and other objects on the ground where the killing occurred. TRIAL OF FRIDGE ET ALS. Eighth Day. The eighth day of this trial began Tuesday with the testimony of Mr. E.D. Tucker for the defense. Mr. Tucker stated that on the day of the killing he went to Redden’s by request; when he arrived there the inquest was in progress; that before his inclusion a shower of rain came on and the body was moved to Redden’s gallery, where the inquest was concluded, after which the body was put in a wagon and taken to Mr. Crowly Holmes; that he and another gentleman dressed the body; he found no other wounds on the body than those discovered at the inquest. The witness was not cross-examined. The testimony for the defense closed with the above, and the attorneys for accused stated that they rested their case, reserving the right to use the diagram. The State then introduced their rebuilding evidence, as follows: Mr. Ed. Brown was recalled and testified that he lives on Nelson Kirby’s place. He saw the witness, Ed. Deas, on the morning of the killing of Croft Holmes plowing in his (Deas) field. When he saw Deas plowing it was between sun up and about a half hour after sun up. Witness was about 150 or 200 yards from Deas and knew it was him; witness was going to Kirby’s house when he saw Deas; did not recollect of seeing Deas when he went back to the field; did not see Deas any more that day. Not cross-examined. Joe Carpenter, a boy about 14 or 15 years old, testified he was living at Deas at the time of the killing of Croft Holmes; on the Friday the killing occurred he was working the in the field with the witness, Ed. Deas; the latter was plowing and he was hoeing. They worked until 12 o’clock and went to dinner, after dinner they returned to work and continued working until evening. He knew that Deas was plowing that day. After witness left Deas he went to his mother’s and staid two or three weeks, and from there went to work for Mr. Stockwell. Never heard Deas say anything about the killing before he left his house. After going to Mr. Stockwell’s Deas came to see witness where he was picking cotton; Deas asked him if he remembered what he (Deas) was doing on the day Holmes was killed; witness replied yes, Deas was plowing and he was hoeing; Deas then told him not to come to town and swear to that, if he did he (Deas) would maul him. Witness saw Mr. Watson that day about dinner time; he came and turned Kirby’s horse in Deas’ lot. The witness was put through a lengthy and very close cross-examination, but stuck very closely by the facts stated in his direct examination. Mrs. Jane Carpenter, mother of the previous witness, was called and testified, that at the time of the killing of Croft Holmes her son was staying with Ed. Deas; that some time after the killing her son returned home and remained with her some two or three weeks, and then went to work for Mr.Stockwell; that after he had gone to Stockwell’s Ed. Deas called at her house and stated that her son was telling that he (Deas) was plowing in his field that day, when he was not, and that he wanted to make him (her son), sing a different tune from that. On cross-examination, witness stated Deas told her he was not at home the day of the killing until 3 o’clock. Charley Squire, colored, was next called and said he knows Ed. Deas ; remembers the day Croft Holmes was killed; saw Ed. Deas at about 8 o’clock that morning plowing in his field, below his house. Sarah Neff, colored, stated that she lives near Nel. Kirby’s ; knows Ed. Deas; Deas’ field and hers are divided by a line fence; saw Deas plowing in his field on the morning the killing occurred. During the forenoon of that day she left her field and did not see Deas any more that day. John Larimore testified he heard of the killing of Croft Holmes; knows Deas and where he lived at that time; saw Deas about a week after the homicide, and Deas told him he knew nothing about it until Mrs. Nelson Kirby came to his house and asked him to go after Mr. Tom Kirby. Walter Browning testified that he saw Deas about two weeks after the killing; Deas told him he knew nothing about the difficulty; witness did not ask him about what he knew nor did he try to draw it out of him. Deas told him he learned of the killing the day after from Mrs. Kirby. Fred Browning stated that he heard of the killing. Saw Deas about two weeks after it occurred; heard Deas say he knew nothing about it until the day after the killing. Witness did not try to get out of Deas what the latter knew of the killing. Witness saw the body of deceased and is positive he was the wound on his chin. Leander Browning testified that he heard of the killing; saw the corpse and saw a hole in the chin of the deceased. Mr. A.A. Croft was recalled and stated that he did not notice any wound on the chin until his attention was called to it the next day. Witness examined the fence and saw no such mark on the top rail of the panel near the oak bush as that described on the piece of rail shown him. Was positive no such mark was on the top rail he examined. The examination was made on the day of the killing. A recess was then taken to 4 p.m. When court again met John Summers was recalled and testified he saw the wound on the chin; knew it was a wound because he saw the blood oozing out. J.B. Craig was recalled and stated that he looked for marks on the fence where the shooting occurred and saw none; explained where and how he came to find the cartridge shells; did not notice the oak twig cut. Jack Redden recalled: described the character of timber around his place; did not hear Holmes’ little dog bark when Barnett went to the field to see Holmes. Shortly after Barnett returned witness heard the little dog bark and then the report of a gun. John Westbrook was called, sworn and testified to the movements of a man’s body in cradling oats; if the oats were large he would stand more erect, and if they were small he would bend over more. On cross examination the witness said he did not regard himself as an expert at hand at cradling oats. Court adjourned to 9 a.m. Wednesday. TRIAL OF FRIDGE ET ALS. Ninth Day. Mr. R.W. Tucker was recalled, and stated that prior to the killing Deas had spent no money in his store; that he had got things there on one or two occasions on orders from Kirby. That Deas had spent money there after the killing; Deas had spent $ 10, but he was not certain it was all cash. At that time Deas had not gathered his crop. George Forbes had hired Deas to make some boards for him and gave and order on witness. John Simmons, a youth, was called and asked if Holmes did not fire two shots from his pistol on an occasion before the killing. Witness said he met Holmes at church the Sunday before the killing, and that Holmes had told him so, witness did not see him do it. King Lovett was recalled and testified that Barnett told him on the day of the killing, after it was done, that Green Watson was the one who had the shotgun, and that Watson fired it. William Cook was recalled and stated he had been seated on the fence where the killing was done, and did not notice any bullet marks. Witness described to the jury the manner of cradling oats, and said a man could not cradle oats handy with a pistol in his right pocket without injuring his elbow. Did not see the wound on the chin of deceased until next day. B.B. Hatchell, sworn, and testified that he knew Deas; did not know whether Deas had money in June or not; knows Deas was poor for years; Deas bought some goods from him in July and paid for them with a $ 10 bill which witness changed for him. Ed. Brown was recalled and stated that on the day of the killing he plowed Mrs. Lee’s horse, that evening he plowed Kirby’s horse, the one Watson rode that morning. Did not remember seeing Deas from the morning when he was plowing in the field ‘til next day when Deas told him he did not know of the killing until Mrs. Kirby told him. On Sunday Deas remarked to him that if Kirby had been plowing in his field on Friday as he (Deas) was he (Kirby) would not have got in trouble. Court met after the recess, and the defense offered the map made by Mr. Waller, to prove the facts shown on Mr. Morgan’s diagram and by the witnesses for the defense. The offering of this map closed the direct testimony by the defense. Mr. J.C. Holmes was recalled by the State to prove that the pistol of deceased had not been fired on the day of the homicide, and other facts relating to the mark found on the rail and the broken twig on the oak bush. The defense objected to this testimony and reserved a bill. The witness stated that the condition of the pistol was dry, and had it been recently fired it would have been damp. Examined the fence and did not see either the mark on the rail or the broken twig. W.A. Craig was recalled to disprove the statement that deceased’s pistol had been fired recently and relative to the rail and bush. His opinion was it had not. Examined the rail and bush and did not see either the mark on the rail or the broken twig. Mr. Eli Britt was recalled to disprove the statement about the mark on the fence, etc. If the mark had been there he would have seen it. Did not see the broken twig. Mr. Bart Fairchild was introduced to corroborate the statement of Joe Carpenter at his mother’s house. Defense objected to the evidence and it was ruled out. In delivering his ruling Judge Burgess stated he thought the little boy had fully sustained himself. The defense objected to this remark of the Judge and reserved a bill. The defense endeavored to introduce Mrs. Deas to corroborate the statement of her husband, Ed. Deas, that he went bee-hunting on the morning of the killing. The State objected, and the Court sustained the objection, and the defense reserved a bill. The defense also offered to prove by Messrs. John Fridge and Daniel Morgan, the circumstances under which they learned what Deas knew about the case. The State objected testimony, and the defense reserved a bill. Again, the defense desired to prove the character of the witness, Deas, for truth and veracity, and the State objected. The Court ruled against admitting the testimony and the defense reserved a bill. The case was finally closed, and one of the attorneys for the defense, Major Russell, arose and announced that each of the accused desired to make a voluntary statement to the jury. Albert Jackson, was the first to speak. He arose and advanced to the front of the jury, and stated that on the 18th of June, Fridge came to where he was at work in the field, with his father, stated the nature of his trouble and the object of his visit. Fridge told him he wanted a peaceable settlement of the matter between him and the parties interested, and expressed a belief that if he would go along he could help to accomplish that end. Believing that, as he was friendly to all the parties, he could prevent trouble between them, he went that evening with Fridge to Mr. Kirby’s and there met Barnett. He and Fridge stayed there that night and Barnett returned home. The next morning they, the five accused, went to Holmes’ house, not finding him there and learning he was at Mr. Redden’s, the party went over there to see him and talk the matter over. Four of the party stopped in the opening where the shooting occurred, and Mr. Barnett went around to Mr. Redden’s house to inquire for Holmes. Shortly Barnett returned and they saw Holmes coming toward them with his hand in his pocket. Kirby, who was standing with his arms on the fence, spoke to Holmes when the latter came near them, and asked for the author of the slanderous stories about Miss Watson (Kirby’s half sister), and Holmes replied, “Calvin Jackson and his wife,” and after making that reply looked in the direction of Fridge and drew his pistol. As he drew his pistol he (Jackson) called, “hold Holmes, don’t shoot, we come for peace.” Holmes fired his pistol and Fridge then dismounted from his horse, drew his pistol and returned the fire. Simultaneously with Holmes’ second shot Watson fired at deceased with his shot gun. B.F. Fridge, made his statement next. He said that about the first of June last he received a letter from Crowly Holmes, brother of deceased, stating the nature of the scandal about Miss Watson and himself, telling him he had gone to Joel, (meaning Barnett) one of the accused, and told him about it, and that Joel was going to trace the matter up, and he (Crowley Holmes), was going with him. He thought there would be a kickup about it for Joel was mad. Barnett had called t see him about the matter and he had promised to come down and arrange the matter. Accordingly, having some business in that neighborhood, he went down, and on the 18th called at Mr. Jackson’s, stated the nature of his trouble, and requested Albert Jackson to go along with him. He told Jackson he wanted a peaceable settlement, and upon that assurance Jackson went with him to try and settle the trouble without the necessity of a difficulty. They evening they met Barnett at Kirby’s, but too late to go and see Croft Holmes that evening. Next morning they went to Holmes’ house and were told he was at Redden’s. They went to the place where the shooting occurred, and Barnett went to Redden’s house to inquire for Holmes. After Barnett returned they saw Holmes advancing with his hand in his pocket. When Holmes came near them, Kirby, who was standing with his arms on the fence, asked who was the author of the scandalous reports about his sister... Holmes replied, “Calvin Jackson and his wife,” and immediately drew his pistol, when Albert Jackson threw up his hands and called: “hold Holmes, don’t shoot we come for peace.” Holmes fired at him when he dismounted, drew his pistol and returned the fire. At the second shot by Holmes, the person in the crowd who had a shotgun fired and Holmes fell. He, with Barnett, Kirby and Jackson, rode over to Crowly Holmes and told him what had happened; the latter remarked, “show me the s-- of a b-- who shot my brother and I will kill him,” He told Crowley the man who shot Croft was not with them. He then left and made preparations to surrender himself which he afterwards did. Barnett , stated that he heard of these scandalous rumors about his sister and had gone to Croft Holmes for the author. Holmes gave him the name of Fridge. He then went to see Fridge and told him he would have to come down and straighten the matter up. Fridge promised to do so, and in compliance with that promise Fridge came down and met him at Kirby’s on the evening of the 18th. They decided to bring Fridge and Holmes face to face in the matter, but as it was too late to go that evening, he left Fridge at Kirby’s and went home. Next morning they met and called at Holmes’ house. Not finding him there and being informed he was at Redden’s, they went there to see him. The other four stopped at the fence and he went to the house to inquire for Holmes. Being told by Mr. Redden that Holmes was in the field he went to where Holmes was, and spoke to him in a friendly manner, a and, as he did so, Holmes remarked, “ I know what you come for.” He then explained the object of the visit to Holmes, and returned. Told him who were with him. When he got back he saw Holmes coming towards the party with his right hand in his pocket. When the latter got near them, Kirby asked for the author of the scandal about Miss Watson, his half sister, Holmes replied: “Calvin Jackson and his wife,” and drew his pistol. As he did so, Albert Jackson called out, Hold Holmes, don’t shoot, we come here for peace.” Holmes fired a shot, he thought ,at Fridge, and the latter dismounted and returned the fire with his pistol. At about the same time Holmes fired his second shot, Watson fired at him with a shot gun. When Holmes fell he called, “ O, Joel” and he got over the fence and went to him and found him speechless. They then left and went to Crowley Holmes, where the conversation between the latter and Fridge occurred. Kirby’s statement was substantially the same as that made by Jackson, Fridge and Barnett, relating to himself. He stated that he had gone with the party to ascertain who the author of the scandalous reports was, and not for the purpose of doing bodily injury to Holmes. Watson’s statement was also substantially the same. Referring to himself, he stated that he had gone of his own accord, and had not agreed with the parties to go with them that morning with his gun, but with no idea of shooting Holmes; that when Holmes fired at them he leveled his shotgun and fired at Holmes; that he did it in self-defense, as Holmes bullets passed near his head. In reference to his leaving, he said he did not intend to stay away; that it was his intention to return. Court then adjourned to 9 a.m. to-day. The argument in the case will be made to-day. TRIAL OF FRIDGE ET ALS. Tenth Day. The tenth day of this trial was occupied by the arguments of counsel. The State was represented by Attorney General M.J. Cunningham and District Attorney L.D. Beale, and the defense by Messrs. E.W. Robertson, K.A. Cross and E.F. Russell. Judge Burgess began reading his charge at 10 o’clock p.m., whereupon the jury retired. At about 1130 o’clock, having announced their readiness to report, the jury entered the court-room with a verdict of “not guilty.” ******************************************