Civil War and Reconstruction Governors of Alabama

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Watts_administrative_RSG00256_f13_f14_Q144918_Q144940

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19 I Don't recollect of saying what I may have said in conversation with the Howards — No one ever told me that if I would give evidence against Miller that I would be discharged - I don't recollect A good many people coming to the jail spoke to ^told^ me that I ought to turn State's evidence against Miller but no one ever told me that I should do it, or that I would be discharged if I did

W E Mims

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20 Testimony of Kian Howard Direct examination

Knows the defendant — I saw Miller with the negro spoken of by W. E. Mims three or four hundred yards above Magnolia at about 3 oclock in the afternoon, I am not certain as to the hour, I saw the negro after he was whipped, he appeared to be tolerably weak - I saw no sign of punishment, but a [stricken word] ^slight^ scar over his eye. He put him on a hand car and went two or three hundred yards up the road where the car was stopped and the negro taken off who sat down at the ^by^ persimmon tree until the freight train, which was coming down the track, had passed. After the train passed Miller had the car put back on the track, and told the negro to get up and get on the car — The negro got up and staggered around and got hold of one of the other two negroe's breeches as if to support himself, when Miller gave the rope a jerk to make him let go the other boys breeches when he fell and Miller kicked him two or three times and told him to get up and get on the hand car, which he did Miller then asked me and my brother to go up home with him which ^we told him^ we could not do as we ^had^ not the time to go

Cross Examination

The negro's eye was swelled a very little - the scar was a fresh scar, a little bloody but the blood had dried upon it - When Miller told him to get onto the car _ he did so, he got on without the help of any body - I first saw them on the hand car about two or three hundred yards above Magnolia - I went with the car about 200 hundred yards - the negro was lying down on the hind end of the car - his hands had pieces of rope on them but were not tied together - The negro said nothing while I was was with him — I said noth-ing to the negro — Miller said nothing while I was present except to tell him to get on the car — The negro made no complaint — He groaned but very little — Nothing was said about his dying while I was

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21 present He asked for no water — Could not tell whether he appeared to be sensible or not. Saw no blood on his clothes — I left the car about a quarter of a mile above Magnolia - The car went on and I came back towards home. I went with the car only about 200 yards altogether I did not go on the car, I walked behind it. I talked to Miller a little — He told me nothing about the circumstances — I saw three little scratches on Miller's neck which appeared fresh - The scratches were a little bloody- I did not see Miller's mouth bleeding - Did not notice his spitting any blood - Don't thin Think the negro fell from the jerk that Miller gave him - Dont know that the negros head ^head^ fell against a rail road tie or any thing else or It did not as I saw - It is about 5 miles from where I left the car to Beaver Meadow station Did not hear Miller tell the negro that if he did not get on the car he (Miller) would make him - Do not recollect hearing Miller say that when he got home and got his strap he would take the mule out of him — Was in 10 or 12 feet of Miller when he Kicked the negro - he Kicked him on the back side I was near enough to hear what Miler said - if he said anything I have forgotten it - Bill Mims showed no bloody marks on his clothes - he showed a little mud - he did not tell how the mud came there - he did not complain that the negro had hurt him - he said that the negro had got hold of his clothes but he had got away from him - He said he reconed that the negro held him to prevent him from helping Miller - He did not tell me that the negro struck him on the head with a stick - While at the persimmon tree he showed me a little knot on his his head, which he said he reckoned was done by

Last edit 36 minutes ago by carolfink
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22 Miller while scuffling with the negro — He told me that Miller had called on him for help - He did not tell me that Miller had called on him to get out his Knife that the negro was hurting him - He told me that he got out his Knife but that he was afraid to go near lest the negro should get it and kill them both - He told that Miller and the negro were clinched at that time

Hezekiah his X mark Howard

The State of Alabama } Mobile County }

[unclear] I, P La Vergy, Clerk of the City Court of Mobile, do hereby certify that the foregoing twenty one pages and seven lines of evidence was taken by me under direction of the court on an application for bail in the cause of the State vs Hugh M Miller and also that it was read on the trial of the cause and given in evidence on behalf of the defendant although taken in the first instance on behalf of the State - Said witnesses having been examined [unclear[ on the trial by the State

In witness whereof I hereunto set my hand there being no seal of the court- this the 15th day of August 1864

P. La Vergy Clerk

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[written sideways] Evidence of Wm Miller Wm Mims --- taken on an ap-plication for Bail & read on the trial ===

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Watts_administrative_RSG00256_f13_f14_Q144941_Q144943

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Monday night a Bout nine oclock My Brother and Killy Mims came home My Brother Being veary I Bad hurt from the fight he had with the negro he went to Bed and Killy Mims related the circumstances to me he told me volentaerly the whole curcumstance he said that Brother taken the negro in his fathers waller Melon pach a steeling watter Melons and he said that Brother Brought him to the house and ast for a rope to ty him with and his father gav him a rope and he tide it round his neck to lead him By and had his hands tide with a canteen strap and he started home with him and said nothing to Me a Bout Broth Jerking the negro and he said that he started home with him to carry a letter for his sister law to put on the train at Beaver Meadow and he said that Brother walking a long on the track Before the negro with the rope in his hand asking him questions and he was walking a long Behind the negro and the negro was Between them and he said that the negro was on tying him self But they did not narry one se him on tying him self all at once he Broke loos his self and grabed a stick and fell rite in on Brother to Beating him over the head and nect[?] his hat off the first lick and struck him four or five licks over the head and saure that he intend to kill him Before he should take him Eny father and then Brother got the stick a way from him and then the negro grabed him By the throught and choked him and then Brother puld his hand off and then the negro grabed at his throte a gain and run his hand in to his mouth and his thumb nail Being long cut Brothers lip loos from his teeh

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and he said that when the negro was striking at Brother he was so close Be hind him that when the negro threw his stick Back to strik Brother he struk him on the head and knoct him down and as he rose Brother spoke and said Billy help Me and he said that he run his hand in his pocket and got out his knife and did not get to open it caught him under his arm and held him under his arm so tite that he could not do Eny thing only hold his [stricken word] knife tite in his hand for he said that he was aferd that the negro would get the knife away from him and kill them Bouth he said that the negro was veary Eager after the knife and while the negro was trying to get the knife Brother tript him up and he said that the negro never did giv up But that Brother tide him and whipt him sum But not A nuf to kill him and the negro cusing them all the time and saying that he would pay them for it meaning that he would kill them if he could Billy tolde Me that Brother did not aim to kill him for he quit whiping him and said that thire was no use in whiping him for he would not giv up and so he would take him home an sende him to Jail and he let him up and the negro lay down in a hole of water and it Being vary warm he all so drank a harty drink of water and he said that he thought that the watter killed him and when he got off the hand car he was put and aliv and he sat down Beside a persimon tree and when the train passed Brother told him to get up and get on the car and he got up and leand his head up a gainst one of the Black Boyes and the Black Boy pushed him off and said dont you lean a gainst me and the negro fell [stricken text] and [illegible] struk his head a gainst the Ende of a cross ty of the R R and he said Kell[?] it was not the whiping that killed him and he tolde me tht that the negro said that he had the palpitation of the harte and he told me that the skin was not Broken in narry place Except on his Ey where he fell a gainst the cross ty of the Rail Road and he said the negro did not appear to Be whipt Bad he all so told me that the negro was full determind to kill my Brother when the fight took place and he said that if it had not a Been for him he Bleive that the negro would hav killed my Brother for he said that the negro sware all the time he was fiting him that he would kill him and Billy shew me the side with the negro had him Round and my Brother and Billy Bouth lay up all day the next day complaning of Being sore

Mrs, isabella, L Minshew

The State of Alabama } Mobile County }

Personally came before Me Mrs Isabella Minshew of Mobile County, who being duly sworn desposes and says, that the foregoing Memorandum of her evidence was Made by her before the trial of Hugh M. Miller for the information of his Counsel, and that the said State-ment is true, and that Said Wm Mims did Make the declarations & statements therein set forth to her as Stated above & that her Statement thereof is true.

Mrs Isabela L Minshew

Sworn & Subscribed before me } this 16. of August 1864. P. LaVergy Clerk }

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[written sideways] Mrs Minshews Statements of decla-rations of Wm E Mms witness for the State in the case of the State vs Hugh M Miller for murder of Slave.

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