Wayne County, NC - Court - Waitman Thompson Murder Trial File contributed for use in USGenWeb Archives by Guy Potts File transcribed by Vera Kirkman, Goldsboro, NC Goldsboro Messenger Goldsboro, N. C. Thursday, May 16, 1878 THE TRIAL OF WAITMAN THOMPSON, The case of Waitman Thompson for the murder of his wife, Mrs. Celia Thompson, removed from this county, was called in the Superior Court at Wilson on Monday last, before Judge Kerr. The State is represented by the Solicitor, L. J. Moore, Esq., and Hon. W. T. Dortch: the defendant by Messrs. H. F. Grainger, John F. Wooten, F. A. Woodard and H. G. Conner. Mr. Dortch opened the case on behalf of the State. The following jury, by the way a very good one, was drawn:--Moses Rountree, Robt. W. Hines, J. H. Ellis, Daniel Jordan, B. Boswell, James Draughn, Coffield Barnes, J. F. Wiggins, John Tomilton, W. W. Farmer, J. W. Thorn, and Jesse Haynes. Intense interest is manifested by the trial. About 130 witnesses have been summoned and the trial will probably continue the remainder of the week. The evidence against Mr. Thompson is circumstantial, and every particle of it will be stubbornly contested. There is every reason to believe that the accused will have a fair trial. Mr. Dortch is conducting the examination of witnesses on the part of the State in his usual vigorous style. Six of the State's witnesses were examined before adjournment Monday evening. The testimony is as follows: Haywood Toler, colored: I saw Celia Monday evening after sunset; don't know what day of the month; was going in the woods after a load of wood; Green Uzzell, a colored boy, was with me, going with wagon two mules; was going north; I live on the county road about a quarter of a mile from where she was found on Mrs. Finlayson's land; the little boy said look there is a dead man; the mules ran; had passed the body before I saw it; went and told Mr. Levi Strickland at his house; went to John Vinson, Sr., and told Tom Vinson first. Levi Strickland lives half a mile from me; went back with Mr. Vinson, Strickland and others and staid all night. Cross Examined: Have been sworn before the coroners inquest; my mules dashed out it, the woods as I got against the dead woman; the boy spoke after the mules commenced to run; after the wagon got by her. Don't know how wide the road is, its a small cart path; mules ran 200 yards; saw a bundle in the road about ten steps ahead of the dead woman; saw but one bundle; was a dark evening, cloudy, think the sun was down. Green Toler: I was going after a load of wood; lived at Finlayson's place; lives with Haywood Toler; was in the wagon going on; I set in hind part of wagon; saw the dead woman; said Lordy, uncle Haywood, here's a dead man; the mules run; saw a bundle laying in the path; went on through field and home and went out and narrated it; went to Levi Strickland's and John Vinson's. Cross examined: It was little after sunset, not dark; was right against the body when I saw it; mules jumped before I spoke; can't tell how far mules ran; was quite dark when we got to the house. Luke Uzzell, colored: I live at Mr. Harris' place near Mr. Thompson's; did live in 200 yards of his house down the river; lived there four years but left there last January three years ago; then moved to Barna Daniel's land; was there two years, then went back to Harris' place, about two miles from Thompson's. I often heard fighting and voices in direction of Thompson's; could hear licks and woman crying; no one lived with Thompson at that time; they had no servants; I heard he call Thompson's name and ask what he was fighting her for; this was in the night. Cross examined: I first told Mr. Dortch about this; don't recollect that I ever told any body else: saw Thompson and his wife together several times and they seemed loving; he cut wood and made fires for her. Abram Franklin: I six or seven years ago worked with Thompson about three weeks; sometimes he would drink too much and was very bad in his family; was drunk but one time while I was there; we came to Goldsboro and he got a jug of whiskey; we got home at 2 o'clock that night. I went to sleep and waked up hearing Mrs. Thompson calling 'Oh, Mr. Franklin!' I went into the room, found Thompson with a double- barreled gun; Mrs. T. said he had been trying to shoot her; she said he had popped two or three caps; I took the gun from him and found it loaded. I went back to bed but heard him spank her and heard her say oh, Mr. Thompson, don't! Cross examined: When Thompson was sober he was very kind to his wife; saw him help his wife wash and scour. Don't recollect hearing caps pop, there was a passage between the room I occupied and theirs. They seemed to be in good humor next morning after the drunk; heard them laughing about some milk; I had drunk some of the whiskey. I shot the gun next morning at a sparrow-hawk and killed it. Henry Grant, Sr.: Some eight or ten days before the death of Celia Thompson Wait was at my house and we had a conversation about his rents; he said Mr. Warters had carried a bag of cotton to Mr. Wail's and that his wife got all the rent; but there was a day for him. About two years ago I heard a fuss up the road, I was in the field; they were on a buggy going to my house and he made threats to throw her out when he got to the bridge. I was about 30 or 40 steps from them; I got on the fence and saw him attempting to throw her out, and when I appeared the fuss stopped. Thompson was then sober. Mrs. Thompson never had any children. [Here the State introduced deeds, &c.] J. J. Casey: In August, 1876, I went to Mr. Grants to work on carts. Thompson said I am going to kill myself and kill Celia and someone else, and wants some smart man to see him buried under the cedar tree in the yard; he had been drinking cider but was not drunk. Cross examined: He had been drinking a good deal of hard cider but he was not drunk nor sober. Mrs. Silvia Goodson: I lived at Thompson's about three months about nine years ago. He was not good to his wife then, he abused her in good many ways-quarreling and cursing; heard him curse her often while I remained there. Visited them afterwards and saw him throw a crutch at her and run her out the door. They had been married then about two or three years. A year or more afterwards I went home with her and he told her if she didn't leave there he'd give her the worst beating she ever had, and she left. I have seen her bruised up on her face and arms two or three different times; I heard her tell him on one occasion he had attempted to kill her and he denied it with an oath; this was about two years ago; he was then sober. He was drinking when he threw the crutch at her. Cross examined: I am a cousin the the deceased and was raised by her father. Miss Elzania Strickland: I am going on 14 years old; my father is Levi Strickland. I boarded at Thompson's about 3 or 4 months, going to school in the year 1876, in the fall; while I was there Thompson was always cursing and abusing his wife; one night about 9 or 10 o'clock while I was there she got scared and jumped out of the door and said, Lord have mercy, he will kill us. Mrs. Thompson and myself then went to Mrs. Harrell's and stayed the night. Thompson was drunk that night; came home about dark. One night he tried to make her lie with him and she would not, and she got behind the bed in the room where I was and he struck a match and tried to pull her out, she hallooed and he turned her loose. I and Mrs. Thompson stayed at Mrs. Harrell's several nights while I was there to avoid him. Cross examined: When he was sober he was right good to her; he was drunk nearly every week while I was there; I am no kin to Mrs. Thompson. James H. Grant: About 12 months before the death of Mrs. Thompson, Thompson said he was going to kill himself, but before doing so, he would kill Celia and some other person. He wanted me to see that he was buried opposite the porch beside a cedar tree. He had been drinking but was not drunk. On another occasion 3 or 4 years ago, I was at Mr. John Vinson's, Thompson was coming home from town, he said he was going home and kill himself; he went on and I heard a gun and heard his wife scream; he had been drinking a little. We boys went to see what was the matter, we met Mrs. Thompson barefooted, without a bonnet and her clothes undone. We went on to the house in haste and Mrs. Thompson came behind us; found him on the bed laughing, the gun lying on the floor and signs of shot in the ceiling. Mrs. thompson requested me and Dick to stay all night and we remained. Henry Grant, Jr.: 13 or 14 months before the death of Mrs. Thompson, Thompson said he was going to kill Cella and kill himself, and told where he wanted to be buried by the cedar tree in his yard. Cross examined: This is all I remember about the conversation; he had bean drinking; same conversation was had in the presence of myself and brother, J. H. Grant. Matthew Strickland; In 1876 I lived close by Mr. Thompson. I heard him threaten several times to kill his wife. Cross examined: Have been living last 12 or 15 months with Barna Daniel. I was at Thompson's house when he made the threats; he was sometimes drunk and sometimes sober. Heard him say in the fall of 1876, he intended to kill his wife before the mule trial. John Vinson, Jr.: One night about and hour in the night in the fall of the year, I think in the year 1870, I met Mrs. Thompson in her nightdress coming from towards home; it was cold weather. Thomas Vinson: I lived last year about two miles from Wait Thompson's; for 7 years before I lived in about three-quarters of a mile; Mr. Thompson and his wife got along very badly; he was most always abusing his wife; would go home drunk; have seen scars on her thumb and finger from a cut with a knife; some 4 years ago she came to father's house one night about 7 o'clock in her night clothes; saw her away from home at night several times; sometimes by herself; have often heard Thompson and his wife guarreling. They separated several times, sometimes she would go to her father's and at other times would stay in the neighborhood with her folks. She was an amiable and industrious woman; tried to get along if she could; sometimes would stay away two or three days, sometimes 6 weeks. I heard Thompson say once or twice he intended to kill his wife and then kill himself; this was about 12 months before her death; never heard him say so when he was real sober. Cross examined: I am cousin to Mrs. Thompson; have had a difficulty with Thompson about a gate. Levi Strickland: In July, 1876, I heard in Goldsboro a conversation between Thompson and his wife; they went to the court house and got into a quarrel, and she said he tried to cut her throat with a knife while she was lying on the bed. She said he wanted her to have some water; she didn't want any; he went to bring her water but brought a knife and put his hands on her head; she caught the knife and cut her hand; she put her feet off the bed and found a gun on the floor. T. J. Vinson: I live eastern course from Thompson's, about 3/4 mile. Thompson and his wife came to my house Sunday a little after sunset; left between 8 and 9 o'clock; asked them to stay all night; Thompson said he must see about his wife going to Goldsboro next morning with her father. He proposed to her two or three times before she said anything, and then she said "if we are going lets go." I next saw him Tuesday morning and then at my house Tuesday night. Wednesday or Thursday I saw tracks across the road about 1/4 mile from where her body was found, the other side of whats called Fellows Branch; right side of small Hickory Tree on the Goldsboro side of the road; about 300 yards from Branch. I think I saw about three tracks going across the road towards where the body was found. Thursday evening I saw some other tracks at end of the lane betwixt the Warters and Thompson; some 300 yards; about 400 yards from Thompson, manly half way; on left hand side going towards Thompson's in a little hog path; saw three tracks on the side Harrell lived on; tracks seemed to be going towards Mr. Harrell's; appeared to be same tracks I saw up towards the Hickory going across the roads. Think from the signs he made he was going tolerably fast. I believe the same shoes the prisoner had on Sunday night made the tracks. I noticed tracks I knew he made on Wednesday morning; my reasons for thinking the tracks were the same because they looked like the same. Cross examined: I was at Thompson's Sunday evening. I asked them home with me. No uncommon thing for them to go to my house and sit until bed time. Nothing peculiar about the track, never measured it. The track he made at my house Wednesday morning I never saw until the following Sunday. Was a small rain Monday night, don't recollect whether it rained any more that week. Tracks by Hickory and in hog path had been rained on when I saw them; saw but one track close to Hickory, it looked as if it was made from a jump. Am second cousin to Mrs. Thompson. I visited Wm. Haskins, fortune teller, in Jones county, the following week to see if I could get any information about the murder; Wm. P. Daniel went with me. Haskins, said - [Here Judge K. said didn't think the devil was a competent witness.] Mr. Grainger replied: "we only wish to show that he acted on the devil's suggestions." [Not admitted.] Had been to consult Haskins the year before in regard to the burning of a mill. The State then introduced a number of maps which were distributed to the jury. Wm. P. Daniel: Have lived in the neighborhood nearly 3 years. [Witness then explained the maps.] Found one track between Hickory and where the body was found; saw tracks near the pine, within twenty steps of the body, as if the person was standing behind the pine; saw two tracks in the road about four and a half feet apart; found otber tracks to within 250 yards of Harrell's house. Have been acquainted with Wait Thompson about thirty years, have often seen him make tracks. The tracks laid down in the map were Wait Thompson's. On Monday after the murder a pair of shoes were carried down there by Mr. I. F. Dortch and Dr. B. F. Arrington, which I fitted in the track and found they all fitted. There was a very little peculiarity in the shoes and tracks; the right shoe was little worn off at the heel. It rained a little on Monday night, not enough to put out the tracks; saw one of the tracks not more than fourteen days ago. I and T. J. Vinson went to see the conjurer, but we found all the tracks were found before we went. We went out of curiosity; had no faith in him; Mrs. Thompson was my cousin. Cross Examined: Its at least forty miles to where the conjurer lives, have been active in the aid of the prosecution; have done all I could. When I traced up the tracks there was with me two of my halfbrothers. Dr. Arrington and Mr. I. F. Dortch went along the path in a buggy; don't say the tracks behind the pine were Wait Thompson's, they were not full impressions. Barna Daniel: I am said to be the father of Celia Thompson. She had sent me word that she would come to my house Monday or Tuesday morning to go with me to town, but she did not come. Cross Examined: She sent word by Benj. Warters; he saw me at the meeting house. Its about two and a half miles from Thompson's to my house the way they walk; and about two and a half miles from my house to town. J. J. Casey: I saw several tracks near the Hickory tree and at other places; saw some going across the road in the direction of the murder; looked as if the person who made them was running; also saw tracks going in direction of Harrell's in acorn orchard; the same track I saw across the road going towards the body as those going towards Harrell's. Jno. Vinson, Wm. Daniel and Geo. Moses were with me; followed tracks to the hard road. Have known Thompson twenty years; saw his track right smart; saw his track frequently; in my opinion the tracks we saw were Wait Thompson's. As an overseer I acquired a skill in watching and knowing tracks. Cross Examined: Saw the tracks day after the burying. Levi Strickland: Saw tracks near the Hickory; some an lower side of avenue towards Harrell's, and when they crossed the road towards the body; saw them on Wednesday after the murder. Have known Thompson ten years; saw his tracks frequently; think the tracks were Thompson's; noticed the shoes he had on the day of the inquest; the shoes were little worn and corresponded with the tracks. Cross Examined: Very sandy on the road near the Hickory. Jno. R. Boyett: Examined tracks the week after the murder, one in slash about thirty yards from the murder; saw a shoe put in it, shoe fitted in the track pretty well. Saw them first on Tuesday when the jury went down. Saw track by Hickory on Sunday after the murder of Mrs. Thompson. Traced the tracks down to avenue; they seemed to be going both ways; saw she applied to track at Hickory tree; but couldn't tell much about it; there had been little rain; it was sandy and the track seemed pretty well filled up. Cross Examined: At the slash the whole track fitted the shoe which was applied to it. Ransom Garris: Saw the tracks referred to, and think they were Thompson's, saw them Sunday after the murder. Thomas Vinson: Saw tracks coming down the drain close to the murder, then back across the road and through old field towards Mr. Harrell's, was present when the tracks were compared with Thompson's shoes, and found they fitted. Have known Wait thompson all my life; seen his track often, and was satisfied with I first saw them that they were Thompson's. Thompson has a peculiar twist of the right foot that gives his track an unusual shape. John Vinson, Jr.: Saw the tracks referred to and think they were made by Thompson. Tobias Warters, Sr.: At the time of the murder of Celia Thompson I lived about three-quarters of a mile from Thompson. On Monday morning Thompson came to lay house before good light; didn't stay over one or two minutes; went to inquire of my son Ben what Mr. Daniel would do about carrying his wife to town. Ben said the old man would carry her this morning or tomorrow morning; was to go to her father's, and then with him to town Richard came with corn and I went down the avenue with Thompson to feed my hogs; turned out and fetch a few calls; my hogs came; I fed and counted them; I came back to the avenue and took down towards Mr. Thompson's house; when I passed by the gate at Thompson's I saw him standing in the yard; the sun was not more than up; did not see Mrs. Thompson; heard somebody in the kitchen which I judged was Mrs. Thompson; I passed on to the ferry, which is about 75 or 100 yards; bailed some water out of my boat and in about fifteen minutes turned back for home the same way; saw no person at all when I passed by Thompson's; I went on home. I next saw Thompson I think about 12 o'clock in his porch leaning up against a post; I had just got into his yard; my people were that day working in the cotton patch near his house. Thompson then went with me and my folks home an took dinner with us; he stayed at my house till an hour and a half or an hour and a quarter by sun; I and he then went back to his house; I left him at his house about three-quarters an hour by sun and went home. At deep dusk I next saw him at my house, and he stayed there till about 9 o'clock in the night. Jack Vinson hailed at my gate and said there was a dead woman up near the corner of the old Mines field, and said get up and go with us. Mr. Thompson and son Ben had gone up stairs and gone to bed; some of the women had not gone to bed. They said it was a white woman; we got up and put on our clothes. Mr. Vinson and G. Hinson came into the house, and Jack Vinson whispered into my ear and said, "Its nobody in the world but Celia." We gathered up some lights and we all went to see; my sons - Ben, Tobias, Richard, and a small black boy. Thompson, Jack Vinson, Tobias, Richard, and one or two darkies; they got to the body before I and son Ben. I was not in the field but a few minutes; when I walked into the yard about 12 o'clock I spoke to Thompson; he complained of being unwell; had taken a cold; was expecting his old lady back at 12 o'clock; he expected her to walk hams from Mr. Daniel's. He said she gave him a task of fifty pounds cotton to pick out, but he felt so unwell he had to come out of the patch; he also said she told him to go to Mrs. Harrell's and tell her something about some patterns. During the evening he spoke of his wife once or twice; also after supper that night he spoke of her not getting home; said he didn't like for his wife to tell him she would be home at a certain time and not do it. The nearest route from my house to Mr. Daniel's is two miles. When it was announced that a dead woman was found an the road, he said, "to be sure it can't be Celia." It was not announced openly at my house who the dead woman was. Cross Examined: When Thompson got to my house it was not good light; I saw him 35 to 40 yards before he got to my gate. My son Ben invited Thompson to go to dinner with us. I said, "come on Mr. Thompson and go with us, as your wife will not be home to get dinner for you." I heard him on former occasions say that where his wife left and promised to come back on a certain time he was uneasy if she failed to come. That night after supper he said, "Tobe go home with me." Tobe said, "No, its raining, he better stay all night;" was perfectly sober all day from Saturday night. SECOND DAY Malinda Warters: I helped to dress Mrs. Thompson about 12 o'clock Tuesday. Her head and face were badly bruised. Webb Hill: About 12 months ago Celia was coming towards her father's little ahead of Thompson, at the fork of the path when it lead out from county road; Thompson was cursing her and told her to go back home; told her g-d damned to go back home she should not go to her father's; Thompson was under the influence of liquor, had a little walking stick in his hand. Cross Examined: This was last fall 12 months ago when I was hauling wood; she was about 50 yards ahead of him I was not more than 50 yards from Thompson; she went on to her father's; he went back; this was about 1/2 to 3/4 mile from J. Handley. Matthew Faircloth: About 2 years ago I heard Thompson speaking about a mule he had traded, and said Mr. Daniel was trying to get the mule back for his own use; abused Mr. Daniel and Mr. Hines; said Mr. Hines had used his property for his own use and somebody would have to die about the way he was treated. Cross Examined: Don't recollect that he mentioned his wife in his conversation; something said about suit; Thompson was drunk; have known Thompson all my life he is a hard drinker; when he is drinking he abuses any person he is not friendly with; heard him brag about killing negroes; Thompson is a quiet peaceable citizen when sober, but when drunk makes threats and brags about what he has done and is going to do. Told me he had killed 2 negroes and could show where they were buried. The State then introduced record of suit for claim and delivery of a mule, C. Thompson vs. Dock Smith, which suit is admitted was pending at death of Mrs. Thompson. Ransom Garriss: Lived at Thompson's house in 1870 about 10 or 11 months. [The following excepted to: They didn't live well together; came home numbers of times drinking, would curse and abuse his wife and run her off from home, sometimes in day, sometimes in night. I heard her hollowing and went into the house and found he had her down on the side of the bed, had her clothes pulled up, she was begging him to turn her loose; heard him curse and abuse her right smart of times; he was about half drunk.] Cross Examines: Got along tolerably well when sober; waiting on her right well when sober; cut wood and made fire while I was there; don't recollect that he helped her to cook or scour; I married a cousin of the deceased. John Vinson, Jr.: I went about 8 o'clock to the body with Levi Strickland and others; found body dead on right side of the path, 3 feet from cart rut on her face, hands under her. Knew her from her dress; think she was between 30 and 40 years, would weighed about 180. Jack Vinson, Geo. Hinson and a colored man, went to Mr. Warters to let it be known; had a hand light 21 feet from the body, give but little light; Thompson come with Mr. Warters and son; Thompson ahead, came staggering as if he had been drinking fell down over her, called her twice, said my wife is dead, he lay on her a minute or two and Strickland took him off. Saw fly blows on her head and face next morning about 9 o'clock. Cross Examined: Some bushes between the fire and where she lay near the sweet gum and oak, I lay near the fire, Warters and others were between 10 and 20 steps behind Thompson; Thompson fell on her and appeared to be crying; I stopped the distance between the fire and the body about a month after the murder in company with L. Strickland, and it was 21 feet am certain; I am cousin of Celia Thompson, have not been active in the prosecution. Levi Strickland: I heard the woman was dead at night 8th October; Haywood Toler and Gilford Tull came to my house and told me; I was the first white person who got there; she was lying to one side of the path about 150 yards from the main road, near a drain; found a large pine knot near where she lap, and just beyond there the bushes were thick. The body was lying just 3 feet on the right hand of cart rut. John Vinson and myself went together, Gilford Tull turned her head over to see who it was; her body was cold. It was about 8 o'clock at night; was cloudy, and had been raining some. I stayed late that night and went back next morning, found fly blows over her face and neck; some of them were hatched; It was about a mile from Daniel's on a path that leads from the two roads; path is sufficient for a wagon to pass. She was lying on her face with her hands under her. There was blood under her body and about 3 feet off. Wait Thompson came there that night; he came from towards the main road; we had a fire in the middle of the path near where she was lying, about 10 feet off we were sitting out on the left hand of the path round a little fire. Some persons came 4 or 5 steps behind Thompson; Jack Vinson, Geo. Hinson, Bias Waters and some of his sons came behind him; Thompson passed by the crowd and by the fire to where the body lay and fell down on her head. Cross Examined: Calvin Ferry, H. Toler, G. Tull, Jack Vinson, and others were there; about 18 in all. When Thompson fell on her he said "Celia, Celia, Celia!" He remained about 2 minutes; I was about ten feet from him, heard no sobs or other expressions of grief, saw no tears. I took him away from her; he went and sit down side of a tree and put his hands to his face. It was about 9 o'clock when Thompson came, I remained about 2 hours. Geo. L. Kirby: I am a practicing physician and coroner of Wayne county; was called to see the body of Mrs. Thompson the 8th October, got there about 9 o'clock Tuesday morning; the body was lying near a path about 150 yards from road; on path leading to Barna Daniel's; body was lying party on face; several wounds on the head, blood under her head and near her; about 15 steps further on towards Mr. Daniel's saw shawl and shoes; she was lying on her face and dress thrown up about her knees; had 3 wounds on her head, sufficient to have caused her death; the ground was hard, wounds were made with a blunt instrument might have been made with a club, a club was said to be picked up near there, a lightwood limb about 3 feet long; it was very heavy, would weigh 10 pounds, body was lying in edge of road about 2 feet from rut; her arms drawn up under her body; saw no blood on the club; I had Thompson arrested and continued the inquest during that day at B. Daniel's and continued next day at Goldsboro; I released Thompson Tuesday and told him he must come to Goldsboro next morning; I saw Thompson next morning at the Court House he came up and surrendered himself. Dr. W. H. Moore: Have been a practicing physician since 1840, have been in Goldsboro since 1854: made post mortem examination of Celia Thompson at Barna Daniel's the 9th October; body had been washed; wounds behind had fractured the skull sufficient to cause death; I examined under her clothes for evidence of rape but found none; she was a large fleshy woman, would weigh 175 or 180 pounds; think she died very soon after receiving the wounds, the wounds would have produced immediate death or insensibility; found no bruises about her person. The wounds were contused; made with a blunt instrument; all even of the same length don't think it was done with a club; think they were made with something like the eye of a hatchet. THIRD DAY Mrs. Sallie Harrell: At the time of the death of Mrs. Thompson I lived near Spring Banks, just east of Tbompson's; had been living there three years; my family was myself, husband and children, the oldest about five years. I saw Wait Thompson the day of Mrs. Thompson's death; he came to my house while we were at breakfast, about an hour and a half by sun; first I saw of him he was at the gate; asked him to have breakfast; said he was sick that morning with a bad cold, and refused to eat. Asked him if his wife was gone to town; said she was; had been gone 15 or 20 minutes; said she had asked him to tell me she would be home about 12 o'clock, and would come down to the gully and hallow, and I should go over and spend the evening with her. I noticed Mr. Thompson was sweating, and asked him why he was sweating so, and he said he was having night sweats and sweated through the day as he did at night, and that he had got after a rabbit out here in the cotton patch and had run the rabbit over the cotton patch, and that made him sweat freer. His clothes seemed to be drabbled up to his knees, as if he had been in the dew. He said he had been picking out cotton that morning and that his shoes were wet, and that he must get some new shoes or he could not pick out cotton. My attention was first arrested by the perspiration on his face, and I thought from his appearance he was worse off than I had ever seen him before; he said he was very tired. The cotton patch was just across the gully in front of my door. I judge it was about 100 yards, I thought Mr. Thompson looked very bad when he came to my house, and asked him "What's the matter?". He told me he was sick with a cold. I hears Mrs. Thompson screaming one night; it woke me up. She staid with me several nights. She came to my house one night about 10 o'clock. I know her voice, and know very well the screaming I heard were from her. Cross Examined: The occasion of my inquiry about Mrs. Thompson, I wanted to send by her for some things. There are trees and bushes all along the gully between my house and the cotton patch. There is a regular path from my house to Mr. Thompson's. Turney F. Harrell: Am the husband of Mrs. Sally Harrell. At the time of the killing of Mrs. Thompson I lived just down the river below Mr. Thompson's about 200 or 250 yards. Saw Thompson on the morning of the murder at my house, about, I suppose, one or one and a half hours by sun. He came to my house from the direction of Mr. Waters saw him in about fifteen steps from the gate. When I first saw him he was walking slowly; did not come in most direct route from his house. Both routes are sometimes used. There was no freshet in the river. Three pathways across the gully: the two extreme crossings are about 100 yards apart. The lower crossing might be the nearest route to my house; he came to the well and drank water. We asked him to take breakfast with us, but he refused. Told us his wife had gone to town, had been gone about 15 or 20 minutes. My wife asked him what made him sweat so; he said he had night sweats and had been running a rabbit. I then turned and saw perspiration rising on his face. He was pretty tolerable wet with dew to little above the knees. He looked feeble, like he was worried and fatigued from some cause. About two or three months before Mrs. Thompson's death, we heard Mrs. Thompscn screaming Oh Lord! Oh Lord!" and I went over to Mr. Thompson's to near the back of the garden; heard Mr. Thompson cursing and rearing around; heard Mrs. Thompson's voice, but could not understand what she said. [A written statement from W. F. Kornegay was here introduced.] David A. Grantham: Am Sheriff of Wayne county. Mr. W. F. Kornegay and myself examined Mr. Thompson's clothing on Tuesday after the homicide, and found the shirt soiled and circled under the arms as if from perspiration. S. H. Denmark: Was on the jury of inquest and examined the clothing in Thompson's house; found a shirt among other cast off garments not at all stained by perspiration. Joel Lewis: Myself, Dr. Arrington, Mr. Slaughter, Mr. Faircloth, B. T. Smith and others, visited the place where Mr. Thompson said he had run the rabbit. We could see no signs of a rabbit chase. If a man had run there I think I would have seen signs of it. We had a man to run over the ground where he said he run, for an experiment; he made considerable signs. After the crowd had nearly all gone Thompson was asked by Mr. Grant if he had shown where he run the rabbit, and he gave no reply but commenced crying. Jeff Vinson asked him what was the matter. He said some person had burst open his sideboard. Cross Exarined: Saw tracks up and down the cotton rows, but had been rained on; saw tracks around the grape arbor. This closed the evidence on the part of the State, and is all our reporter could furnish us for this issue. The examination of the witnesses for the defence commenced yesterday. It is thought the evidence will all close this morning, and the arguments of counsel begin. It will probably be to-morrow evening or Saturday before the case will go to the jury. THE TRIAL OF WAITMAN THOMPSON A VERDICT OF "NOT GUILTY" The evidence for the State was concluded in our last issue, and it only remains for us to give the testimony for the defence and to note the fact that Waitman Thompson was acquitted and discharged. On Wednesday noon Mr. H. F. Grainger made a short statement to the jury before introducing evidence for the defence. He expected to show by reliable witnesses that the body of the deceased was not seen on the path between 10 and 12 o'clock __ that the tracks referred to by the State were not proved to be Thompson's, and that he had been a kind husband, and that it was only when under the influence of liquor that he was unkind or abusive -- that if he could shaw that the corpse was not on that path at 10 o'clock, the murder could not have been committed by the prisoner, for it could be shown that he was at home and at Mr. Waters' the balance of the day. The following witnesses were then examined, viz: Dr. B. F. Arrington: Was on the jury of inquest of Mrs. Celia Thompson. Have been over the territory of the homicide several times, and am acquainted with the territory laid down on the map, and notice the map is not in all respects correct. Have been over the ground several times with a view to inform myself as to the homicide. Some four or five days after the inquest went with Thos. Vinson, W. P. Daniel, Jno. Vinson, Jr., Mr. Britt, Barna Daniel, and others, to examine some tracks, took Mr. Thompson's shoes; went first to fit the shoes to a track by a stump side of the slosh, forty steps from the homicide; the track was tolerably plain, but the soil of such a nature that a track could not be well defined. From the hull to the ball of the foot the track was tolerably well defined. There were nails in the shoe, but saw no impression of them in the track; the shoe fitted very well on the track. Mr. B. Daniel and myself then left, and followed to road to the Hickory; saw some tracks there; then went through the old field across to the avenue, and saw probably a dozen tracks; saw one that generally fitted the outlines of the shoes; got to the avenue and our party divided; some went down to the avenue and some followed the path in the direction of Mr. Harrell's; saw no successive tracks. Those we saw might have been made by a 7, 8, or 9 shoe. Don't think it is possible for any human being having vision, to pass where the body was found without discovering it. Don't know of my own knowledge that there was any ill-feeling between Mr. Daniel and Mr. Thompson. Went with Mr. Thompson and others to look for tracks where Mr. Thompson said he had the rabbit chase. I saw no indications of such tracks or marks as might have been produced by a chase. Here the State proposed to prove the character of the witnesses which have been introduced, by Dr. Arrington, when the defence admitted that they were all of good character and would not be impeached. Calvin Perry: Went to the spot where the body was Monday night and remained until next morning. It rained that night. The crowd walked about looking for tracks. The tracks were very indistinct. Ben Warters: Saw Thompson the morning of the murder about one and a hours by sun at his house. He complained of being sick, and was with me until about 12 o'clock, and went to our house to dinner. I went to town in the evening and found him at our house on my return at night. He asked if f came by Mrs. Thompson's father's; that he was uneasy about his wife. After we had gone to bed Mr. Vinson brought the news about the woman's death, and Thompson said, "To be sure it can't be Cely." James Smith: Heard of the murder on Tuesday, 9th October 1877. I was at James Handley's house; Jack Vinson told me about it. I was along the road on Monday, October 8th, between 10 and 12 o'clock, and I never saw the body of Mrs. Thompson. [The body when found was within two and a quarter feet of the road where Smith passed that day. Reporter.] Didn't see any bundle. I very often ran against trees on the blind side; have ran against people. [Here the witness was subjected to a very rigid examination by Mr. Dortch for the State.] It was shown that Smith and Thompson were intimate friends. He was considerably confused in regard to distances. Tony Wilson testified to the kind treatment of Thompson to his wife. After their separation in 1876 he was anxious to get her back, and treated her well on her return. Jas. P. Harper: Saw the body on Tuesday; was on the jury of inquest, and before reaching the spot had occasion to stop with others near the hickory tree where the track was seen, which was afterwards thought to be Thompson's. Had known Thompson a long time and he had treated his wife well; never saw him drunk. Ed. Hinnant: Have known Thompson three years; have been to his house and he treated his wife well. J. J. Casey, Robert Ham and Nathan Hinson testified to his kindness to his wife. Fred C. Patrick: Married Thompson's sister; he was kind to her; had heard of them not getting along, and advised Thompson to separate if it was the case. J. Bowden: Examined about the tracks in cotton, ran about as if running at a rabbit, and did not knock out any cotton, and saw some tracks in a clear place that looked old; it had rained. Dr. L. A. Smith testified that night sweats would produce irritation and debility, and any effort would cause exhaustion and produce perspiration, and upon cross-examination stated that intoxication and long debauch would produce the same effect. On Thursday morning the argument before the jury opened by the Solicitor, Mr. Moore, who made a strong speech. He was followed by F. A. Woodard, Esq., for the defence. Mr. Woodard reviewed the principal points in the testimony and made a calm and eloquent appeal in behalf of his client. The Hon. John F. Wooten then addressed the jury in an able and forcible manner, and gave a learned disquisition on the subject of circumstantial evidence, urging that the proof adduced by the State was insufficient to justify the verdict of guilty. After Mr. Wooten concluded the Court took a recess until 2 o'clock. After recess Mr. Grainger addressed the jury and occupied the whole evening. The Advance says of his efforts: "His speech was full of power and was truly an able and eloquent defence; at times he touched the pathetic and drew tears to the eyes of many who heard him." Mr. Grainger spoke for three hours and twenty minutes, and was for himself the highest encomiums of the Bar. He succeeded in creating a rational doubt of the prisoners guilt on the minds of the jurors, and they could not efface it from their conscience as the verdict shows. Hon. W. T. Dortch made the closing speech on the part of the State Friday morning. It is pronounced a grand effort. We are told that he held the attention of the court and jury for three hours. The evidence being altogether what is termed as "circumstantial evidence," he was put to the utmost strain of his recognized ability to concert and maintain a plausible conviction, but no doubt that a verdict of "guilty," or perhaps a mistrial, would be the result. But few thought of an acquittal. Judge Kerr consumed about three quarters of an hour by his charge, which won the admiration of all who heard it, and the warm commendation and praise of the members of the Bar for its fairness and impartiality. He frankly told the jury that it was a case of circumstantial evidence, and whatever doubt there might exist in the minds of the jurors as to the guilt of the defendant, the prisoner was clearly entitled to the benefit of that doubt. The case was given the jury shortly after 12:20 o'clock Friday, and two hours later the court assembled to receive the verdict. It was "Not Guilty", and the prisoner was discharged. The case was managed with extraordinary ability and most harmoniously by the opposing counsel engaged. The speeches of Messers. Dortch and Grainger we hear praised on all sides. The State had succeeded in making out a strong case against the defendant, but the jury gave him the benefit of the doubt; this we learn is frankly admitted by several of the jurors. We understand that at the suggestions of his relatives and friends Mr. Thompson will not return to this county, and has been advised to go westward. We hope the sad lesson it teaches Mr. Thompson will be of lasting impression for good. ============================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. The electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. 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