USA > Georgia > Jones County > History of Jones County, Georgia, for one hundred years, specifically 1807-1907 > Part 9
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Crossexamined .- The circumstances that prisoner recollected were suggested by myself. He brought to my recollection the breaking of some globes at Shaw's book-store. I recollected a difficulty at Shaw's, but not breaking the globes. I don't recollect that the college-rules were ever waived except as to the qualifi- cation of age. Jesse L. Bunkley came to the grammar-school just before I left it. He entered college before I left, which was in 1826. I don't recollect why and when he left there, nor how long he was in college. It was a short time. Bunkley left college before I did.
87th witness, Hugh A. Haralson .- I was at college from 1821 to 1825, when Bunkley was there in the grammar-school.
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I think he entered one of the lower classes in college. I knew him at that time. The requisites for admission were pretty much such as stated by Mr. Dougherty. I thin' Cicero's Oration were also required. My recollection of Bunkley is not very distinct. His hair was very light,-lighter than Mr. Hardeman's. My broth- er-in-law, Mr. Lewis, was taken for Bunkley from the lightness of his hair. Unless time changes men more than I am aware of, I should not take the prisoner to be Bunkley. I saw prisoner in November, 1836. Among the company at Mr. Gibson's I could not distinguish prisoner as Bunkley. I asked him a number of questions. He answered me two or three correctly, which he might have answered without being Bunkley. I asked him sev- eral other questions, which he could not answer. He told me where old Zack Sims lived, where Mr. Thomas lived, and the situation of the spring. He could not tell me the number of bridges across the Oconee at Athens. There were two bridges; and he said there was one. He could not tell me where the boys washed. It was a noted place. He tried to press upon my recol- lection the breaking of the globes, which I do not recollect. He said he had been gone so long and seen so many parts of the world that these things were erased from his memory. He said he had been to England, to London. He said he did not go ashore at London. He said he had made a proposition to Jesse L. Bunkley's guardian. He must have had a very treacherous memory to have forgotten these circumstances. He said, "Now, as stated by Mr. Dougherty. I think Cicero's Oration was also if I had been an imposter, do you suppose I would have made such propositions to my guardian ?" Prisoner showed an unwill- ingness to converse in company or to converse aloud, in which I humored him. The whole interview resulted in my conviction that it was not Jesse L. Bunkley. I thought it strange that he should be so fond of a spree and not go ashore at London. He described Jesse Bunkley's personal marks, and said they were on himself. I merely had this conversation for my own satisfaction.
Cross-examined .- Men are often deceived in regard to iden- tity. I may possibly be deceived now. My mind is made up from the circumstances detailed in the conversations with prisoner. The tendency of light hair is to become darker, but not black,
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according to my observation. I did not go to his room, and have had no more conversation with him. His anxiety to go to his own room was one of the circumstances that induced me to think he was not Bunkley. My opinion is formed more from circum- stances. I asked prisoner to mention the names of some of his classmates. He mentioned but three in college. He could recol- lect no more. Pryor Green, a Mr. Shelman, and Ned Hill were the three he mentioned. He recollected but one of the professors.
89th witness, Henry G. Lamar .- I was intimately acquainted with Jesse L. Bunkley from 1817 or '18 till 1825, when he left here. He was almost daily at my office when in town, and I no- ticed him a good deal. I think I should recognize his features if I were to see him; and I do not see the first feature of prisoner that revives my recollection of Jesse L. Bunkley. I do not recol- lect very well names and dates, but do well recollect counte- nances. I saw this year, in Alabama, a gentleman I had not seen for twenty years; and I knew him. My recollection is best of the general expression of countenance. The complexion of hair, color of the eyes, and form of the face, of prisoner, differ entirely from Bunkley's. Bunkley's eyes were darker and the expression different. His eyes were fuller than prisoner's.
Jesse L. Bunkley, from hearing me deliver an oration, could repeat several sentences in it. He borrowed it and kept it a week. He was at Milledgeville while I represented this county, and had to borrow money from me to pay his tavern-bill. The first time he met me afterward, he apologized for not paying it. When I entered prisoner's room he called Judge McDonald, Peter Williams, and said he was very sick. He said he had no recollection of me. I asked him if he did not recollect a law- yer in Clinton, Jones County, of my name,-Henry G. Lamar. I asked him a number of circumstances respecting myself and family, none of which did he recollect. He said he recollected a little, dark-skin, chunky man named Isaac Harvey, that married old Tom Napier's daughter, that loaned him a ten-dollar United States bill. He did not recollect my own brothers, but recollected John T., Mirabeau, and Bazil Lamar.
This closed the first interview. John T. Lamar, Bazil, and Mirabeau, previous to my conversation with prisoner, had been
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to Texas, and Isaac Harvey had been to Alabama. Jesse L. Bunkley differed in politics from his family, and took the Troup side in my favor, and would tell me the objections urged against my election.
Cross-examined .- Prisoner did not tell me how he knew Mira- beau Lamar and others. He said nothing about what he knew of them. I have seen men change. I think Jesse L. Bunkley's face was rounder than prisoner's. Jesse L. Bunkley's beard was light, but had not assumed a fixed character. Hair light at eighteen or nineteen changes darker by thirty years of age. It was my first and is my last impression that prisoner is not Jesse L. Bunkley. I cannot recollect that prisoner stated that John T., Mirabeau, and Bazil Lamar lived in Jones County. Isaac Harvey did marry Napier's daughter. I think she died during the war, or at least before 1817, and that Harvey had in 1817 married his second wife.
96th Witness, Charles J. McDonald .- I knew Jesse L. Bunk- ley shortly after June, 1818, saw him frequently, and, from that time till he left, knew him intimately. I do not think prisoner to be Jesse L. Bunkley. Col. Lamar and myself called to see him and requested that he should not be told who we were. He called me Peter Williams. He was asked if he knew either myself or Col. Lamar as attorneys at Clinton, and if he remembered La- mar's lending him ten dollars in Milledgeville. He did not recol- lect these, but he recollected a little stumpy fellow, named Isaac Harvey, that loaned him a ten-dollar United States bill there, and that he married Major Napier's daughter. He did not know either myself or Lamar. He said he thought he had some indis- tinct recollection of Jim Lamar's going to the Legislature from Jones. He said he knew some of the Lamars that lived in Jones County,-John T., Bazil, and Mirabeau. Prisoner complained of being sick, and said perhaps he could give us more satisfac- tion in regard to these matters at a future day. I never knew of John T., Mirabeau, or Bazil Lamar living in Jones. I don't know much about Jesse L. Bunkley's education. He had been at school enough, if he had attended to his studies, to be a pretty good scholar.
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Cross-examined .- I did not call on prisoner again. I think he said something about one of the Lamar's father living above Milledgeville I am not distinct in this. I don't think I asked him a question. I suggested questions to Col. Lamar. Mirabeau La- mar's father did live above Milledgeville, on Little River. I think Jesse L. Bunkley face rather rounder and fuller than pris- oner's-his eyes yellow, his hair not as dark as. prisoner's. Time may have had some influence on it. His nose not so prominent as prisoner's ; his complexion rather sallow, though not very dark.
Mrs. Lowther, the mother of Jesse L. Bunkley, testified that she had several conversations with the accused, and called over many incidents-some very peculiar-which her son must have recollected, but the prisoner had no knowledge of them. She was fully convinced, from his appearance and other circum- stances, that he was not her son. She produced in court a letter which the prisoner said he had written her from New Orleans. As a curiosity from the pen of a professed collegian, an extract is here given with the spelling, punctuation, and other beauties preserved as they appear in the original :-
New Orleans Prison, December 20th, 1833 Dear Mother :
I' take the pleasure of writing A few Lines to you to convince you of my being your own child tho it A pears that its your wish to dis own me for the Reson why I cannot tell if it aint for my past folly things thats past and gon I' know that, I' have not treated you as A child aught to A mother and the Reson why I' have not answered the questions you put to me is be cause I was afreade of things thats that pasts you always feal near to me as a mother you know my mis forchans in that cuntry which Lyes frech on my mind but that subject I' will quit and turn to other things you maden name was Elizabeth Latmon and your mother a Fluallen and after the death of my father you married James Billingslea and myself never could agree which was one grate cause of my mis forchans and as for whare I' went to school was to Clinton, Eadanton, Athans, there was discharged for playing cards then my mis for chaus commence you well Remember the promisses I mad to you and Brother Wm, D, them promses was then shortly after I' got to this cuntry I' got in fificulty with A
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spanard and was forst to Leave it I' then went to mishigan canaday and the spanish cuntry.
In the course of her testimony, Mrs. Lowther said :-
My maiden name was Slatter. I was acquainted with my son's handwriting. I was satisfied that this letter was not in my son's handwriting.
Cross-examined .- I do not consider that his letter was from my son. I never received a letter after 1825 but this one. I heard the report of my son's death (I think in 1827).I did not hear the report shortly after this time of my son's being in life. I heard a person, and persons, speak of my son's death, detailing different circumstances.
My son left me because he wished to travel. He was a young man of fortune, and did not wish to be confined. I did not know that my son was threatened him with a prosecution. I understand that he was confined for some offence in Augusta. I heard this from authority I confided in. He went away shortly after his return from Augusta. I do not recollect the precise time.
He left but one school (and that was at Athens) on account of misconduct. I do not know that he was under any offence when he left there. Capt. Parrish bought the horse, paid for him, and he rode him off. This was after a difficulty about the horse with his uncle. My son came back with his uncle, Shade Slatter, with horse I never heard Slatter threaten to prosecute my son. He stayed his time out at Eatonton school.
I did not answer the letter I received from New Orleans. I did not answer my son's letter, because he told me not to write till I heard from him again.
There was a mark on my son's leg immediately below the knee-pan. Prisoner shows a mark some distance below the knee. The scar on my son's knee was made by a drawing-knife. Pris- oner knew nothing about how it took place. The prisoner's mark is considerably below the knee-pan. When I heard that the pris- oner had such a mark, I stated that my son had a similar mark on his leg; but this on prisoner did not correspond when I saw it. I had several conversations with prisoner. At the first, Major Smith was present. In this conversation I admitted there was a mark on my son's neck, which, on examination, was not on the
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prisoner's. The scar on my son's neck was occasioned by his rid- ing on an old tree : he fell, and a limb struck him under the jaw and made a large scar. The scar was about as long as the first joint of my first finger.
I do not recollect that my son was ever set to ploughing after being brought home from school. I have several times made him plough for my own amusement.
I never heard of my son's being alive till Major Smith's re- ceiving letters. The first report I heard of my son's being alive was when, in Mr. Atwood's store, I heard that Major Smith had received a letter from him.
I knew of no other mark on my son but those mentioned when he was a child. My son had no mole when he was a child. I have never said to anyone that he had moles. Some of my children have dark spots; but I do not call them moles.
I invited prisoner to stay at my house and convince me that he was my son. He could tell me nothing. He asked me if I recol- lected a difficulty between him and Capt. Billingslea, and that I took the carving knife to separate them. He said this was at the supper-table. I told him I recollected a difficulty, but nothing about a carving-knife; that we had no use for a carving-knife at supper. I have never so stated to any person.
Having transcribed so much of the evidence given for the prosecution, showing that the prisoner had falsely personated Jesse L. Bunkley, it is deemed proper to select a passage or two from the defence :---
28th witness, Willie Patterson .- I knew Jesse L. Bunkley while he lived in Clinton, and till he left here, often saw him. I knew him as he passed as well as I know other boys. I used to deal with William D. Bunkley, and he was very kind to me. I knew Jesse in his father's house and around his table. Knew him as a school-boy, and, after his father's death, at his mother's house. I knew him till he went away. I believe prisoner to be the same man. I have never asked prisoner a question nor he me one. I understood he was coming out from Mr. Gibson's, and I stood about ten steps from the door. When he stepped into the piazza, he brought to my view old Wm. D. Bunkley from the upper part of his face, from his eyes up. I do not think
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his cheeks as a little swarthy. I don't recollect the color of his eyes. I think he saw him, I thought his hair of a lightish color. It is darker. When a boy, I used to be called a flax-headed boy. It has since turned nearly black. Jesse L. Bunkley was a wild, bad boy ; in all bad company. I have seen him at my house more than once. Prisoner has a family-likeness to the Slatters and James Bunkley.
31st witness. The person of prisoner exhibited before the jury. He stands erect, walks, and exhibits his finger,-the forefinger of the left hand. A small scar on the neck under the right jaw. A scar on the side of the left leg, one inch and a half from the knee-pan. Shows his feet and his shin to look for the marks of the snake-bite. Some scars are found on his right leg one on the side of the right knee, and one on the side of the calf of the leg, near the shin-bone.
Considerable testimony was offered in behalf of the prisoner, tending to show that he was a different man from Elijah Barber who was known in Upson county, and in the Florida War of 1835 and previously, as a wagoner who hauled lumber from Grace's mill, near Macon, in 1824 and '25. He could not write. Many witnesses concurred in the opinion, from what they knew of Jesse L. Bunkley from his childhood up to the time he left Jones County in his twentieth year, (May 17, 1825), that the prisoner was the identical Jesse L. Bunkley.
During this long and complicated trial the Hon. John G. Polhill, Judge of the Ocmulgee circuit, presided. Several ques- tions were raised on the evidence, which were well decided on reason and authority. Should the author succeed in procuring the necessary data, a separate memoir of Judge Polhill will be prepared, in which this case and its further intricacies-especial- ly on the legal points involved-will be noticed more in detail, for the interest they afford to the profession. At present, very little more will be said, except in relation to the part devolved on Mr. Reid as of counsel for the prosecution.
Col. Hardeman justly wielded great influence in his (Jones) county, and was a lawyer of acknowledged ability even in 1837. His reputation has been much increased since, and he now pre- sides in the same circuit as Judge of the Superior Court. Judge
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Colquitt had a proud fame more than twenty years ago. His effort on this trial was worthy of his genius and skill as an ad- vocate. Mr. Reid, though somewhat his junior, was perhaps not less gifted. His argument was what might have been expected on the occasion of a stupendous fraud worked by the nicest ma- chinery, which required analysis and energy to unfold. It was the last exhibition of Mr. Reid's oratory at the bar on a scale commensurate with his powers.
A LIST OF WITNESSES SUBPOENAED FOR THE BUNKLEY TRIAL THE STATE VS. ELIJAH BARBER For Defendant (Subpoena Docket ) Jones Superior Court (1837)
James Huff, March 15, 1837.
18 subs, 20th March for Deft. to Wm. J. Russell, Henry C. Butler, Rebecca Kinney, Lodwick Cates, Augustus Sterling, Jno. Smith, Ivy, Jno. F. Martin, Nathan L. Hutchens, Wiley Barber, Wm. Barber, Elisha Barber, Miss Mary Ann Barber, Mrs. Mary Barber, Jno. Barber, Henry Crowells, Wiley Wil- liams, Wm. Felton, Sampson Barber.
47 Sub. for Deft. 21 March, 1837.
Littlebury Lucas, Nathaniel Perrett, Edward Clark, Thomas Pickett, John Hammock, Thos. Williams, Smith W. Bennett, J. J. Bennett, Samuel Posey, Abram Card, John Carter, Alex D. Brown, Pleasant Huth, Benjamin Mason, Lewis Lawshe, Charles Harris, John Maynard, John T. Patterson, Wm. Eth- ridge, James Finney, William Maynard, Eldridge Butt, Allen Marshall, Wm. Childers, Lilburn Williamson, Wm. Coulter, Wiley Glover, Wm. Batey, John Edwards, Oliver Johnson, Hall Butts, Daniel Wadsworth, Wm. Middlebrooks, Robert Burton, Wilie Patterson, L. J. Grove, R. Darrett, F. Linis, Wiley Per- ritt, M. Burkhalter, Wilkins Jackson, Joseph Stallworth, T. T. Oxford, Saul Jones, P. Cunningham, J. Cunningham, A. T. Gib- son.
Subpoenas to the following persons 16th March 1837 for state.
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Thomas Caruthers, Samuel Fec, Benj. Ivy, Robert Campbell, Hamilton Garmany, Wm. Gordon, John P. Hutchens, Nathan, L. Hutchins, Asabel R. Smith, John Berry, John Tamlin, Allen Martin, Few Gordon, Stephen Hill, Wm. M. Roberts, John Gaddith, Richard Berry, Daniel R. Dees, Ransom Cooper, James Campbell, Thomas A. Glenn, John Campbell, John M. Thomp- son, Wm. Mollrie, Samuel A. Billing, William Grimes, James Barkley, John Barkley, A. B. Greenwood.
8 Blank, 4 Blank 20th March for Putnam.
1 Subpoena for Doct. Hamilton.
20th March 9 Subpoenas to Wilkins Hunt, John Williamson, Wm. Williamson, John L. Lewis, R. A. Lewis, James R. Jones, Edw. Featherston, Jos. L. Cunningham, Wm. L. Wyner.
4 Blanks 20th March 2 Subpoenas for State.
John Brewster, John G. Park.
March 23 Subpoenas for the following 14 persons on the part of the State.
Benj. Trupp, Robert Beasley, James Thompson, Roger Ma- carthy, H. K. Carter, John Martin, Elizabeth Martin, Frederick Baldwin, Mrs. Baldwin, P. Atwell, Joseph L. Barnett, John Carter, Charles J. McDonald, Henry G. Stewart.
2 Blanks 25th March 1 Subpoena to Abner Hill.
61 Subpoenas for State 27th March 1837.
Eliz'th Lowther, Jon'th Parrish, Nancy Parrish, Nancy Slat- ter, Wm. D. Williams, H. F. Williams, A. H. Flewellen, M. Sullivan, Lacy Williams, Sarah Sullivan, Isham Choat, Thos. Chant, Robert Hutchings, John W. Gordon, Wilkins Jackson, Samuel Blow, Polly Beasley, Adam Carson, Thos. H. Bray, Sam- uel C. Atkinson, Stephen Clower, Peter Clower, Greene Clower, Charles Brooks, Wilson Pope, J. A. Billingslea, Wm. G. Smith, Jos. Winship, Charles Hutchings, Jos. Childs, Bailey Bell, Thos. Blunt, M. M. Healey, John Permenter, Thos. G. Humphries, Peyton T. Pitts, G. W. Nichols, David Ward, Jno. R. Moore, James Lightfoot, Charles Macarthy, Ezlo T. Smith, Ezel B. Smith, Jno. W. G. Smith, Nick's Gammer, Jas. Gray, Frances Gibson, Wm. Blakey, Hardy Morris, Thomas Lightfoot, Mrs. Catchings, Samuel Griswold, Mrs. Griswold, Abing'ton Barron,
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HISTORY OF JONES COUNTY
Benj. Barron, James Tool, Mrs. M. Flewellen, E. T. Taylor, H. Bowen, Wm. Roquemore.
April 4th 1 Subpoena for Thomas Hunt for State.
April 10th 1 Subpoena for State to Robert Patton.
April 10th I subpoena for David Palmer.
April 13th I Subpoena for State to Green Gray.
1 Subpoena for to H. Finney.
Sept. 10th issued 17 Subpoenas for the State to wit.
To Abel Winningham, Samuel Mangham, William P. Hunni- cutt, Isaac Finney, Thomas Allen, George Brogden, William D. Bird, George W. F. Lamkin, David Spence, James G. William- son, Wm. Mitchell, W. L. Wynn, Dec. 16th. Wiley Perritt, Dec. 28th.
5 Blanks Dec. 16th to 1827 for State.
October 16th 1837, 4 Subpoenas for State to Wm. Campbell, Sugar Jones, Wm. Berry, Wm. Abbott.
Dec. 4th 1837 2 Subpoenas for State one to Wiley Williams, and two Thomas Levingston.
3 Subpoenas Dec. 11th 1839 for State.
Thomas Blyu, Edwin Meigs, Benj. F. Berry, Sub. for J. Waters Dec. 5th 1837, Sub. for Wm. Hogan, 15th W. L. Myris, 16th.
1 Subpoena to James Smith for State 18th Dec. 1837.
7 Subpoenas issue 24th March for Defendant to wit :
Benj. Trapp, Mrs. E. Trapp, Jesse McLane, Auguster Mc- Lane, James Smith, Charles McCasgile, Mrs. Casgile, William- son Jordan.
2 Subpoenas for Deft. 27th March. Henry Walton and John Felton.
5 Subpoenas for Deft. April-vis.
Wm. Riley, Robert Caldwell, John D. Jones, O. N. Morton, Ed. Hammack.
April 10th 2 Subpoenas for deft .; 1 to M. D. Vance and 1 to Robert H. Daniel 6 Blanks.
March 15th issues Subpoenas for defendant to W. C. Also- brooks, Wm. Abbot, Thos. Glascock.
April 17th 1 Sub. to Amos Alsobrooks and 1 to Harris Gres- ham for defendant.
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HISTORY OF JONES COUNTY
April 10th 4 Subpoenas : 1 to A. R. Strong 1 to Keeland Cook 1 to Drary Thompson, 1 to John B. Jones, 1 to Ichabod Balk- com for deft.
August 21st 1837 issued 41 Subpoenas for defense.
William Abbot, John Smith, John Barber, Mary Barber, Wil- liam Barber, Allen Strong, Keeland Cook, Drary Thompson, Littleberry, Lucas, Smith W. Bennett, John J. Bennett, Pleasant Heath, Lewis Lawshe, John T. Patterson, Lewis J. Grove, Rice Durrett, Abner F. Gibson, John Allen, Hiram Warner, Nicholas Dyre, Henry W. Walton, Charles McCardle, James Barron, Fred'h Sims, Greene Wilder, Matthew A. Marshall, Williamson Jordan, Jesse McLane, Augustus McLane, John Carter, Nath'l Perritt, Edw'd Clark, Thomas W. Williamson, John M. Ham- mock, Thomas Pickett, Henry Crowell, Henry Mangham, John Oliver, Elijah Stephens, Martin Malone, Wm. Herring.
August 24th 36 Subpoenas for defendant.
John Gay, Ichabod Campbell, Mip Jane Tooke, Mrs. Mary Rose, Mrs. Nancy English, Mrs. Sarah Bayne, John Bayne, Ichabod Balkcom, M. D. Vance, Wilson Calsabrook, Harris Gresham, Amos Alsobrooks, John B. Jones, Bolen Allen, Mat- thew Perrit, Joseph Stallworth, William Freeney, Williamson Middlebrooks, Wiley Perritt, Michael Burkhalter, Lilburn Wil- liamson, William Coulter, John Edwards, Wilie Patterson, Allen Marshall, William Maynard, James Finney, William D. Eth- ridge, Abraham Card, John Maynard, Charles Harris, Benja- min Mason.
August 28th issued 21 Subpoenas for def't.
Maxfield H. Payne, James Morris, Peyton R. Jones, Benja- min Whitaker, Law., George King, Berry King, Caverly Philips, Wiley Philips, James Mitchell, Law., Job Hammond, Wm. Cheatham, Nathaniel White, Daniel Chandler, Reuben Mitchell, James Tate, La., Wm. Mitchell, Chaffin Creatham, Thos. Payne, Wiley Mitchell, Ambrose Blackwell, Robert R. Cox, Mrs. Eliza Trapp.
September 5th 12 Subpoenas for Def't.
John Bayne, Jr., Patrick Cunningham, Allen G. Fambrough, John L. Martin, Rebecca Kinney, William Russell, Samuel Bar-
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HISTORY OF JONES COUNTY
ber, Derris Turner, John Turner, Michael Welch, James Jour- dan, John Pickard.
1 Subpoena to Sims Middlebrooks.
1 Subpoena to Mrs. R. Beasley for def't.
1 Subpoena to Mrs. M. Humphries.
Sept. 20th, 1837.
1 Subpoena to Matthew Moore, Sept. 20th.
3 Blanks for defendant.
1 Subpoena to Lewis M. Hammock 23 Sub. for def't.
The State vs. Barber alias Bunkley.
Charles Murdock, Wiley Booth, Jesse Duncan, Allison Allen, J. Meazles, Wm. Meazles, Franklin Lawrence, Abram Law- rence, Stephen Bowen, Benj. Smith, Wm. Stallings, Thos. Mal- leas, Robert McBryde, Hamilton Sneard, Philip Long, Green Stitwell, Fred Reaves, Elizabeth Holt, Wm. Chapman, P. H. Brooks, John Tamplin, Mrs. C. Gerald, G. W. Millirons.
19th December 3 Subpoenas for def't .: 1 to Aaron Learcy, 1 to James H. Morrow, 1 to Cynthia Moore, 1 to H. Patter- son, 1 to J. B. Patterson.
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