Ex parte Eagan (18 Fla. 194, 1881)

Mr. Justice Westcott

delivered the opinion of the court.

The petition in this case discloses that the petitioner has been arrested under a warrant by a Justice of the Peace after being, charged upon affidavit with feloniously, aiding and abetting the murder of Prank Paterson. No preliminary examination by the magistrate issuing the warrant followed its issuance. The petitioner here seeks an examination and proper order at the hands of this court.

The first question which it is suggested arises concerns the jurisdiction and power of the court. We have examined this question. We have no doubt of our power, under the statute of this State, to hear the evidence, and to commit, admit to bail or to discharge, as' the facts may justify. In a case of this character, however, the exercise of this power is discretionary. The general rule, we think, would require us to commit the petitioner to the custody. of the sheriff of this court, with directions that he be taken before the magistrate for the purpose of investigating the charge. Ex-parte Krans, 1 Barn. & Cress., 258. This rule, however, is subject to the exception that the court may, in its discretion ’and for good cause shown, have the examination itself. It is suggested by petitioner that the petition here discloses good cause, in that it is alleged that he has reason to believe, and does believe, that he cannot get a fair examination, or secure justice, before the said Justice of- the Peace in Madison county, and also because Charles Savage and H. James, tw'o important witnesses of petitioner, are now. confined in jail in Leon county, having been removed here for safe-keeping under the charge of the murder which it is alleged petitioner is charged w-ith aiding and abetting.

We cannot, in view of the results which must follow in .the matter of the exercise of their jurisdiction by magistrates, establish the rule that upon the pimple affidavit by a party arrested of reason to believe, and actual belief, that he will not get justice before the magistrate, we will arrest the exercise of his constitutional power and functions. To do so would be to establish a precedent which would practically destroy his power as a committing magistrate. The party should at least show 'by affidavit or otherwise some good reason for his belief, some good cause for this court; contrary to its general rule, to supersede the jurisdiction of this officer, and assume to ourselves 'functions which, under the Constitution arid the general legislative policy of the State, belong to another. Nor do we think the fact alleged as to the two witnesses sufficient. Under proper process of law, their testimony, if admissible, may be had before a proper magistrate. Again, from the nature of .this case it is more than probable that persons, other than those charged with the crime, witnessed whatever occurred, and if this be true there must be witnesses for the State, resident in Madison county, to be brought here. We cannot see from the pleadings before the court that there is any greater reason why the two witnesses for the petitioner should not be carried to Madison county rather than the witnesses for the State should be brought here. We think this is a matter to be controlled to a great extent by the officers representing the State in this cause, and their views would very properly influence our action to a considerable degree.

Upon the present pleadings we must remand the case to the magistrate for investigation.

After the foregoing opinion was delivered, Mr. John E. "White,- State Attorney, and the Attorney-General,' seeing that great expense would be saved to the State by having the examination before the Supreme Court, determined for-this reason to consent to its proceeding with the case, and the Attorney-General so announced in open court, and the court thereupon decided to hear the case ; and by consent of counsel for the State and the petitioner an order was entered authorizing John M. Beggs, Clerk of the Circuit Court for Madison county, to take the testimony of certain witnesses residing in that county, and report the same to this court.

The following testimony was taken by Mr. Beggs in Madison county; State Attorney John E. White, representing the State, and Mr. P. W. White, representing the petitioner, being present:

C. W. Stephens being sworn on behalf of the petitioner says : I live in Madison, Madison county, Ela.; I am an attorney-at-law ; I know Dennis Eagan; I was in Madison on Tuesday the 8th Eebruary, 1881; I was with Mr. Eagan part of the morning of that day ; Mr. Eagan was acting as Notary Public in taking testimony in the case of Bisbee vs. Einley; Mr. S. Y. Einley and myself represented Mr. Einley in taking testimony; one witness had been examined and cross-examined, and another witness was just called to go on the direct examination when Mr. Eagan said we would not take any more testimony here; I think this occupied about three-quarters of an hour; Mr. Horatio Jenkins was representing the contestant, Mr. Bisbee; Mr. Eagan was recording the testimony, and I was also taking a copy of the testimony; there was firing of pistols in the far end of the room ; I presume caused him to get frightened and desist; I was sitting with my back towards the firing when I first heard it on the east side of the table next to the door ; Mr. Einley was sitting on the same side of the table on my right; Mr. Eagan was sitting opposite me on the other side of the table with his face to the door, when we began taking testimony; 'Mr. Jenkins was sitting at the north end of the table with his face towards us ; the witness who had been on examination was a little to the left of Mr. Jenkins, about ea9t of the north end of the table; the remark made by Mr. Eagan, that he would take no further testimony, was after the shooting was over and I had gone down and returned to the court room; Mr. E. P. Paterson came in the room whilst we were taking testimony and sat down by me, and I did not notice when he got up and left me ; it was about fifteen or twenty minutes after he came in until the shooting occurred ; while sitting by me I think he was reading some testimony that was taken the day before on the Eagan plantation in the same case, or rather a copy of some testimony; I did not see the commencement of the shooting ; immediately after hearing the reports of the pistols in quick succession I jumped up and saw Howard E. James and Charles H. Savage and E. P. Paterson all together near the door of the court room; I saw Paterson as though he seemed to be pulling off from the two negroes, Savage and James; I left my seat and ran towards them as fast as I could ; by the time I got there Mr. Paterson had fallen and gotten up again; I had to look where I was going, as I was jumping from one bench to another to get to where they were standing, and made some noise going over benches ; Savage was standing about six or eight feet from the door in the court room ; I had heard distinctly three reports of a pistol before I got to them; when I was on the last bench, about five feet of Savage, who was in front of me, he leveled his pistol at me and said, “ don’t you come hereI said, “don’t you shoot me, sir,” and immediately jumped off the bench and went to Mr. Paterson, who had just gotten up; I asked him, “ what is the matter, Frankhe answered, “ I am shot I then asked him if he was hurt much; he answered, “ yes, I am killed,” and put his left hand up to his breast; we then walked by Savage and James, and I assisted him down stairs, where he got on a bed in a room down stairs; I then immediately went back up into the court room with the intention of seeing that the parties did not escape; by the time I got in the court room, Mr. Pollard, the town marshal, came in, and some one on the outside locked us up in the court room ; there were present in the room then Mr. Finley, Mr. Eagan, Mr. Jenkins, Mr. Pollard, the two negroes, Savage and James, a negro by the name of Burk Stevens, who had come up after the shooting, I think, and myself, were all that I remember that were locked up in the room ; we were awaiting the arrival of the sheriff with his posse; at the time the shooting occurred I think there was in the room Mr. Florrid, but he went down ahead of us ; Mr. Church had been in the room; I do not remember seeing him after the shooting, until I came back in the court room; if I remember right he was guarding the door; I did' not see Mr. Eagan after the shooting commenced, until after I had come back from down stairs ; the last I saw of him before I went to the parties he was sitting at the table before I got up; I was busy looking over a list of witnesses for the name of one who had been called for the contestant; when I got up and went to Mr. Paterson my impression is that Eagan and others were within the bar; I do not know that Mr. Eagan followed me, none that were engaged in the examination followed me out of the bar that I know of; my whole mind was fixed upon Paterson’s danger; I do not remember hearing Mr. Eagan say anything, or any other person say anything more than I have related; Mr. Savage and James had both been in front part of the court room ten minutes before the shooting, but they had disappeared from the bar, but I do not know whether they went out of the court room or not, and do not know of Mr. Eagan sending them out on any errand whatever-; the examination up to the time of the shooting was conducted in a perfectly quiet and orderly manner; Mr. Eagan did not take any part in the difficulty that I saw.

Cross-examined by the State:

Mr. Eagan did not do anything to prevent the difficulty that I saw after it was commenced; I do not know that he got up off his chair until after I left the room witb Mr. Paterson; my impression is that Eagan, Savage and James were inside the bar when I came up from below,but I know that after that, while we were locked up waiting for the sheriff, Savage and James walked round in the room with their pistols in their hands; I saw James reloading his pistol inside the bar near where Mr. Eagan was standing; Mr. Eagan did not expostulate with him against reloading his pistol in my hearing ; I did not hear Mr. Eagan at any time speak to Savage and James in condemnation of their shooting of Paterson from the time he was shot until Eagan left; Mr. Paterson, while in the room prior to the shooting, conducted himself in a perfectly quiet and peaceable manner; there had not been any demonstration made either by Mr. Paterson or his friends to prevent from first to last the taking of the testimony prior to the shooting ; when I heard the first of the shooting I presume I must have been greatly excited; there was considerable noise and confusion in the room ; I do not remember what any person said, except what I have related, while the shooting was going on; there were five hundred and something more names on the paper I was looking over when the shooting began, which was a list of contestant’s witnesses, and all that I knew were negroes ; the testimony of Charles Savage was taken the day before the killing, and was completed on that day, and was the only testimony taken on that day; the testimony was taken on the Eagan plantation two and a half miles from: town, in an out-house in the yard of Dennis Eagan ; I do not know why he (Savage) was in the court-house on the 8th, as his testimony had been taken and completed the day before; I was very .well acquainted with Savage prior to the time as to which I have been deposing, and also with Howard James; they had both been absent from this county some time, perhaps two months; I saw them in Jacksonville during the time; I am personally acquainted with Mr. Eagan; he claims to be a citizen of Madison county; he votes here, I know ; he had been absent for some time, in fact I think I have not seen him here since the November election, until a few days before Paterson was killed; Mr. Eagan said he was acting as Notary Public in taking testimony, and that he received his appointment from Governor Drew just before he went out of office; he showed his commission to Mr. Finley.

Question — Do you know of your own knowledge, or from Mr. Eagan’s statements, why evidence in the contested election case of which you have deposed was taken at Eagan’s plantation, and not at the couRt-house ?

Answer — -I do not know of my own knowledge; General Jenkins remarked in the presence of Mr. Eagan that it was because they could take better care of the witnesses at the Eagan place.

Question — You have stated that you are well acquainted with Eagan, Savage and James. Do you know what the character of their relations were ?

Answer — I consider them on very friendly terms; 'they were of the same political party. I have seen them together ; I do not remember how often.

There is but one door to the court room in the east, and about fifty or fifty-five feet from where I was sitting when the firing commenced ; the position Mr. Eagan was sitting in gave him a full view of all the space between him and the door.

Mr. Eagan was in the court room I think some time before I was; General Jenkins came up about the time I did ; Mr. Eagan took his position at the table prior to my taking mine; General Jenkins could have seen all that was going on at the door from the position he took at the table; Mr. Finley and I could not have seen without turning round; as well as I remember I turned around as soon as I heard the report of a pistol; I heard three reports in quick succession ; there might have been four, I would not be positive; at the time Savage leveled his pistol at me, and I told him not to shoot me, all the shots had been fired at Mr. Paterson that were fired at all; I am certain there was no shooting after I told hifn not to shoot me ; the negro Burk Stevens, after coming in the room and the door was locked, was very boisterous, and seemed to be very uneasy and anxious to get out; he went to the window, on the south side of the room next to where the colored people were congregated, and had conversation with them, but I do not know what he said ; there were over one hundred colored people assembled in the street around the courthouse, mostly from the country, and not from the town; at the time Burk Stevens went to the window the negroes outside the court-house were very much excited.

Question — Did Mr. Eagan, when Burk Stevens was talking to the colored people from the window, remonstrate with him in any way to allay the excitement of which you have deposed ?

Answer — He did not.

When I came back up stairs into the court room Savage and James had out their pistols, and at first refused to submit to an-arrest; I did not'urge them to submit, and do not know whether Mr. Einley did or not; I was then prepared to force them, as I had carried a pistol with me on going up stairs the second time.

I joined in the posse after getting up there that made the arrest; Mr. Eagan did not aid in making the arrest after the killing of Mr. Paterson, neither did he advise them, Savage and James, to surrender as I know of; Ido •not know whether Dennis Eagan was armed on that occasion or not; the prime cause of the suspending the taking of testimony then and there was the excitement growing out of the killing of Paterson.

Redirect examination:

, I had no conversation with Eagan after I came back up stairs after the shooting; Mr. Eagan appeared to be very much excited, particularly after the sheriff’s posse had gone up there some time after the shooting ; there was a few words spoken to him by one of the posse, other than that I know of nothing that should excite him or scare him; he, one of the posse, cursed him, but did not make any threats that I know of; there was no gun presented at Mr. Eagan that I saw; there was ample opportunity to have shot him by the party that cursed him, if he had desired to do so; the sheriff'and others interfered and stopped the cursing; I don’t remember that Eagan went to the wiudow and called to the sheriff to come up after the door was locked ; I did not see that; the sheriff wrent up with the posse; there was no attempt made to arrest these parties before the sheriff went up wfith his posse; I do not think it was more than five or ten minutes from tihe time of the shooting before the sheriff arrived vTith the posse; it possibly might have been fifteen minutes; I did not pay much attention to Eagan during this interval, but am in-dined to think he was behind the bar walking about, but he may have been sitting during the time.

Question — What was the behavior of the other parties during that interval who were locked up in the room ?

Answer — They were like me, I guess, awaiting developments ; I do not remember hearing Mr. Eagan say anything at that time of any intended attack upon Mr. Paterson.

C. W. Stephens sworn for the State says: I was present at the election in Madison November 2,1880, as one of the inspectors at Poll No. 2 ; during the day I saw Paterson, Eagan and Charles Savage, but not Howard James; I do not recollect seeing him, but think he was present before we completed the count; Mr. Paterson was a very ardent supporter of the Democratic ticket, and worked very hard for the nominees Mr. Eagan and Savage were leaders in the Republican party in this county ; Mr. Savage was one of the nominees for the Assembly by the Republican party; Mr. Eagan was a very ardent supporter of Savage as well as of the whole ticket; I did not on that day see any crimination or disturbances between said parties, but next morning very early, just after completing the count of the votes, there were some words passed between Eagan and myself, I think relative to a paper which Mr. Eagan desired to read to the inspectors; there were some words passed between Mr. Eagan and Paterson I think relative to that; I have forgotten what the words were, but I remember Mr Paterson stated something-about its being a hatched-up matter; I remember his using the words “hatched-up;” he and Mr. Eagan had no kind feeling for each other, which this conversation indicated; this took place about daylight in the morning; when Mr. Paterson came into the court room the morning he was killed, Eagan and he did not speak to each other to my knowledge ; I was pres•ent and heard and copied the most of the testimony which Savage gave in the contested election case at the Eagan plantation the day before Paterson was killed; part of his testimony referred very materially to Mr. Paterson.

Question — Were those material allegations touching Mr. Paterson, to your knowledge, true or false ?

Answer — Knowing Savage well, and also knowing Mr. Paterson well, and seeing Mr. Paterson’s conduct during the day of the election, I believed that Mr. Savage testified falsely; I knew Mr. Paterson well, and regarded him as one of the most unoffending, amiable and most peaceable young men of my acquaintance in this or any other community.

I cannot state whether the witness whose name I was looking for came into the court-house; I don’t remember that I saw him ; I mean the second witness ; the first witness whose examination had been completed I am of the opinion left the room, for I saw him start out before the shooting.

W. N. Densler being sworn deposed as follows : I reside in Madison, Ela.; my occupation is a merchant; I was in the court-house about the 8th February, 1881, at the examination of witnesses in the contested election case between Bisbee and Finley; I saw Mr. Frank P. Paterson in courthouse that day ; he was sitting at the table inside the bar, I think reading some testimony ; I don’t think I saw him there more than one minute ; I had just got in wdien he handed the testimony to Charles S. Church that he was reading ; I sat down to read it with him, Charles Church ; I do not know what became of Mr. Paterson at the time, suppose he got up to go out; I was sitting just outside of the bar, on second bench, and Church was sitting in front of me on the first bench; I did not see Mr. Paterson any more until after the first pistol was fired; when I heard the first pistol fire I jumped up off' the bench, saw Charles Sayage with .his left arm around Frank Paterson’s neck, and about that time I saw the second shot fired ; saw the flash of the pistol of Charles Savage; in a very short while Paterson-tore loose from Savage, and just as he tore loose from Savage and started to stumble I heard the third shot, but saw no flash ; Mr. Frank Paterson fell on the floor ; I don’t remember whether he was helped up or got up by himself; he was taken by the arm by some one and led out at the door; Charlie Church, deputy sheriff, ordered no more shots to be fired in the house, and ordered Savage and Howard James to surrender and give up their pistols; Savage and James swore they would die before they would be arrested; Savage and James both had their pistols drawn all the while I was in the room ; Savage and James both retreated back towards the bar where Eagan was, and when they got back to where I was, being between them and Eagan, Mr. Pollard, the town marshal, ordered Mr. Church to close the door to keep them from going out and to keep others from coming in ; just at that time I left the room ; I do not know what Mr. Eagan was doing, more than sitting at the table, as I had just gone in ; I did not notice Mr. Eagan from the time the pistols fired until Mr. Paterson was led out at thedoor after he was shot; I never looked behind me but once; the firing of the pistols was the first knowledge I had of the difficulty; Savage and Paterson were about two or three feet from the door when I first saw them; I did not notice James at the time; I suppose the intervals between the reports of the pistols was about the time it would take to count four or five; Savage and Paterson separated after the second fire ; no one got to them, but Charlie Church got near there; Savage and Paterson were near the length of the room from Eagan when the firing commenced; I do not know whether Eagan said or did anything on that occasion or not; I did not hear Eagan say anything; I did not hear Mr. Eagan say anything to Savage, James or Paterson ; I was sitting about ten or twelve feet from Mr. Eagan at first; I do not know whether he moved or not; I was sitting very nearly between Eagan aud the parties shooting when I first heard the pistol report; I did not advance towards Savage and-Paterson until the firing ceased ; I only stood up and turned around, facing them; I suppose I was about 35 or 40 feet from Savage and Paterson when the firing commenced ; when the firing occurred I think there was in the room myself, C. W. Stephens, Charlie Church, Howard James, Mr. Paterson, Charles Savage, Mr. Eagan, Mr. Finley and Mr. Jenkins, are all that I can remember being in the room, but others came in after; I do not remember seeing Mr. Florrid in the room.

Cross-examination by the State:

From the time I jumped up and turned around, when I heard the pistol fired, my attention was mainly directed to the combatants; from the time I got up I was looking at' them until the firing was all over; I do not remember hearing anything said behind me in the bar until after the.-firing ceased ; during the time of the firing I was intensely engaged in what was going on in front of me; after the. firing ceased I heard Mr. Finley say, “for God’s sake dis-' arm those men ;”"that was all I heard from any one behind me in the bar ; if Mr. Eagan said anything I did not hear him ; Mr. Finley was on his feet when he spoke ; I do not remember seeing Mr. Eagan at that time; neither do I! recollect- seeing Mr. Jenkins at that time ; Mr. Eagan was the only citizen of Madison county that remained behind-the bar after the firing commenced; Mr. Stephens and Eagan Avere the only citizens of Madison county behind the bar that I remember Avhen the firing commenced, and Mr. Stephens ran immediately to the combatants ; I do not know that Mr. Eagan changed his position at that time at all; when the firing commenced I suppose the parties were about forty feet from me, and when it ceased they were about thirty feet from me ; Charles Savage fired the second shot; I saw him shoot it and the flash of his pistol; I am satisfied he did not fire the third shot; from the shots being in the room I could not tell from what direction the sound came, nor did I see the smoke or flash from the third shot; Paterson had just torn loose from Savage, and was stumbling or falling when the third shot was fired ; judging from the position J ames was in when the firing ceased, Paterson was nearer him than he was when the first or second shot was fired ; Mr. Paterson was not making any resistance or assaulting either of the parties when the second and third shots were fired, but was trying to get away; from the position Savage occupied,held his pistol when the second shot was fired, the ball would have entered Paterson’s breast; after the shooting, when James and Savage had their pistols in their hands, when they were ordered by the deputy sheriff, Church, to surrender, and swore they Would die before they would be arrested, Mr. Eagan did not in my hearing say anything to induce them to surrender ; I did not hear Mr. Eagan tell Savage and James to give up their pistols, Avhen they were ordered to do so by the deputy sheriff; the order of the deputy sheriff to them to surrender and give up their pistols was made in the presence of Mr. Eagan, and loud enough for him to have heard the order; Eagan was about thirty feet from the deputy sheriff when he made the order for Savage and James to surrender and give up their pistols ; Savage and James were at the time about five or six feet from the deputy sheriff; this occurred immediately after the firing; Mr. Paterson had left the room at the time these orders were made by the deputy sheriff; from where Eagan was sitting at the table when I went in he had full view at the door ; the conduct of Mr. Paterson, while I saw him in the court room in the bar, was peaceful and respectful to those therein; Eagan’s conduct was also peaceful and quiet to those therein, so far as I saw ; Mr. Eagan did not speak to Mr. Paterson in my presence at all; Mr. Paterson was remarkable for his peaceable and quiet disposition in this community; I have known him since the fall of 1876.

B. E. Moseley being called and sworn for and on behalf of the State, states as follows: I reside in Madison county, and am a clerk in John L. Inglis’ store ; I am acquainted with Dennis Eagan.

Question — Did you ever have any conversation with Mr. Eagan in regard to the action of certain parties touching the election of 2d of November last; if so, state what was said by him, and when and where it was?

Answer — On the morning after the election Mr. Eagan came in the store where I was ; he was talking about the election, and pulled out a memorandum book and said he had all their names down; said they have had their day, and I intend to have mine; I don’t remember all the conversation, but the above is about the substance of it; it was-given in rather a threatening manner, and I understood it to be threatening to the names in the book; I did not see the names, and do not know whose names were in the book ; he appeared to be very much disturbed about the way the election had gone ; I am certain he said they have had their day, and I intend to have mine; these words were said in a threatening and angry manner.

Question — Did Mr. Eagan continue to reside in Madison county after that date ?

Answer — I am satisfied he did not so continue to reside, but left for Jacksonville that night, and I have not seen him since ; I understand Mr. Eagan has business in Jacksonville in the Revenue Department; I am acquainted with Charlie Savage and Howard James; they were citizens and voters of this county at the last election.

Question — Do you know whether they absented themselves from the county soon after the election, and if so, where they went to ?

Answer — I dó not know of my own knowledge that they left the county only from hearsay ; I do not recollect seeing either of them in the county since the election to the present.

Cross-examination:

I do not know that Mr. Eagan has changed his residence and citizenship from this county to Jacksonville.

Question — What do you mean in your direct testimony by the expression, “ I am satisfied he did not continue so to reside, but left for Jacksonville?”

Answer — I mean that I thought he returned to Jacksonville to take charge of his office as U. S. Revenue Collector..

' John Brady sworn on behalf of the State says : I reside in Madison county, Ela. ; I am a farmer by occupation ; I am acquainted with Charles Savage, Howard James and Dennis Eagan.

Question — If you have had conversation with them, or either of them, about E. P. Paterson prior to his death, state what was said and where and when the conversation occurred ?

Answer — I had a conversation with Charles Savage at Jacksonville, I think about the 1st of January last; he was speaking of coming back to Madison; he said he expected to come back to Madison, and he thought he might have spme trouble, but if he did he was coming prepared to defend himself; he said he did not propose to be treated as he had been treated in Madison by some few any longer; he mentioned the names of a few; he told me about a cursing I gave him, and Mr. Hankins; he said he did not think much of it, as he thought we wrere drinking ; he said Mr. Frank Paterson, Mr. Forester and Mr. Waring had been making some threats about him, but if either of them got the advantage of him they would have to be mighty quick to do it; James was not present.

Question — Was Mr. Eagan in Jacksonville at this time, and present at this conversation?

Answer — -I did not see Mr. Eagan in Jacksonville, but understood he was in Jacksonville sick at the time; he was not present at the conversation ; I saw James in Jacksonville about that time.

P. S. Coggins being sworn states as follows: I reside in Madison county, State of Florida; I am a clerk in a dry goods store ; I know Charley Savage, Howard James and Dennis Eagan, and knew F. P. Paterson in his life time; I saw Eagan, Savage and James all together a short time before Mr. Paterson was killed ; I saw them together on the morning of the 7th February, 1881, and Mr. Paterson was killed on the 8th ; they were together at' the Madison depot, and saw them walk up the railroad to the crossing, which is about 70' or 80 yards; they stopped at the railroad crossing and talked together about ten minutes; this crossing referred to is west of the depot, about 70 or 80 yards.

Question — Was there any other white man present at the' crossing where this conversation occurred between Eagan, Savage and James ?

Answer — There was none; Mr. Jenkins was standing off wheré the buggy was ; Eagan, Jenkins, Savage and James came on the train, from Jacksonville that morning ; the train was rather late arriving that morning.

Question — "Was the crossing at the depot more public than the crossing where they had the conversation to which you deposed ?

Answer — It was more public.

I noticed that Savage and James had arms; each one had a gun in his hand as much like this one I hold in my hand as I ever saw ; they are called Springfield army cavalry rifles ; they are breech-loaders ; I do not know whose gun this is I hold in my hand ; I find it in the custody of the sheriff, he being now present; I cannot swear that this gun is one of the guns I saw that morning; it resembles them exactly.

Cross-examination:

The crossing where the' conversation occurred is west of the depot in the direction of Eagan’s house from where he got off the train ; when the conversation broke up Eagan got in his buggy, he and Jenkins, and went in the direction of his house; Savage and James went down the railroad in the direction of where Savage lives.

JohnB. Brinson being called and sworn on behalf of the State says : I reside in Madison county, Fla. ; am a clerk in Captain Inglis’ drug store; I am acquainted with Dennis Eagan, Charles Savage, Howard James, and knew Frank Paterson in his life time; I was at the Madison depot on the morning of February 7th ]ust when the Jacksonville train came in; I saw Eagan, Savage and James that morning after they got off the cars.

Question — Did you notice anything unusual which attracted your attention to the parties, if so; state what it was ?

Answer — They each had a gun; Mr. Eagan had a double-barrel breech-loading shot-gun; the guns Savage and J ames had, as well as I could see, were like the gun I see there in the custody of the sheriff; Mr. Eagan put his gun in Mr. Tidwell’s wagon, which wagon went out towards the Eagan place where Tidwell lives; Eagan then walked up the railroad with James and Savage ; I saw them in conversar tion ; saw no one else in the conversation but Jenkins, and am not positive that he was; I don’t remember whether Jenkins walked up the railroad with them or not; the gun •Eagan had looked to be a new gun.

Cross-examination:

I do not know what Eagan, James and Savage were conversing about.

Question — Did you ever see any other white man have a new breech-loading double-barrel shot-gun ?

Answer — I have.

Question — Did you ever see any other negroes have guns in this county ?

Answer — 1 have.

Redirect examination:

Question — Did you ever see two negroes in this county get off a train before each armed with a breech-loading army cavalry Springfield gun like the one now shown yon ?

Answer — I never did before that morning.

Edmond Burroughs being sworn on the part of the State says: I live in Madison, Madison county, Ela.; I belonged to B. P. McLeary before emancipation ; I have no particular occupation ; I job about at any kind of work for a living. The witness was handed a breech-loading army Springfield rifle now in the custody of the sheriff, and asked if he knew that gun ; answers I do. Howard James left the gun at my house the night before Paterson was killed; Charlie Savage also left a gun at my house; his gun was about the same length of this, but not exactly like this; it Shot oftener; they stayed all night at my house that night; I know Savage’s gun shot oftener because I have shot it before that time; it was his own gun; he had owned it two years or longer; there was no other guns left at my house at that time, nor no other time; I think the guns were loaded, but do not know for certain, for I did not examine them; the gun Savage left was a breech-loader; just, after the fracas commenced Charlie Savage’s father called at my house for the guns, and I gave them both to him; Savage and James had been carried to the jail when old man Amos Savage got the guns ; Charlie Savage and Howard James came to my house early in the night before the killing of Mr. Paterson ; it is about two miles and a half out to the Eagan place ; it is about three hundred yards from my house to the colored school-house; that school-house is between here and Eagan’s place; the school-house is in sight of John L. Miller’s house; he (Miller) lives in the corporation, so is the school-house.

Cross-examination:

I reckon my house is about three-quarters of a mile from the court-house, but I don’t know ; I live in the corporation ; I never saw this gun until the night James left it at my house.

Question — How old w'as the gun James left at your house ?

Ansioer — I don’t know when it was manufactured.

' Question — Is there any-particular mark or make about the gun you have testified about as having been left at your house by James by which you can identify it as the same gun- here ?

Ansioer — It looks like the same gun ; it has a blue barrel and is a new gun; it was a short gun like this ; it is the same' gun I gave to Mr. Hankins, the sheriff; I did not examine the gun the night James left it at my house; I did not examine it the next morning.

Redirect examination:

The gun that James left at my house was a new gun; looked like it had never been shot, and had a blue barrel.

S. M. Hankins sworn on the part of the State says : I am sheriff of Madison county, Fla., and was on the 8th February inst.; this gun I have in my custody I took from Edmond Burroughs; I think it is known as a Springfield cavalry army rifle; it is a breech-loader, and shoots Cartridge No. 45; it was loaded when I took it from Burroughs ; I took the gun on the 8th February, the day that Paterson was shot; I have been handling guns since I was eight years old; I cannot say positively whether it had ever been shot or not, but from the looks of the gun I thought it never had ; it is a new gun; when I got the gun the tallow that is used in packing new guns for shipment was still to be seen on the breech and muzzle of the gun ; from my knowledge of fire-arms I consider this a very deadly weapon, and one that can be fired very rapidly ; I found some cartridges in Howard James’ coat-pocket that fits this gun; I found the cartridges after Paterson was killed; the cartridges would not fit any other gun that I could find; there has been five military companies here and the cartridges would not fit any of their guns ; I arrested Savage and James after Paterson was shot; the arrest was made in the court room; when I first entered the court room they were standing between the table and the judge’s stand; Mr. Eagan was on the side of the table they were, and Mr. Jenkins was at the north end of the table ; Savage and James each had a pistol in the hand at the time; I thought at first, from their actions, they did not intend'to give up; I then told Savage that I had a warrant for him, and said I was going to arrest him ; I went ahead of the posse; he met me and asked me to protect him, and handed me his pistol; James walked across the floor for perhaps a minute with pistol in hand, myself and Savage between him and the posse; he finally gave his pistol, I think to the town marshal, Mr. Pollard, who handed the pistol to me, and surrendered ; Savage’s pistol was a large British bull-dog self-cocking pistol, carried a Cartridge No. 44 ; it is a five-shooter ; it is not a new pistol; the pistol taken from James is a small nickle-plated new five-shooter ; shoots No. 82 cartridges ; when I got the pistol from Savage it had but one empty shell in it, the other chambers were loaded; the pistol taken from James was fully loaded, but had been snapped, as the pistol showed, by the indention on the cartridge.

Question — Do you know whether their pistols had been reloaded after Paterson was shot, and if so, how do you know it ?

Answer — Howai’d James said to me in the presence of Mr. Eagan, “ you know I did not shoot for my pistol is all loadedhe ran up to me in the excitement and said, “ what do you want with me, I did not shoot, my pistol is all loaded,” and repeated this several times on the way to the jail; about the time we got to the jail Savage said, “ hush, Howard, you reloaded as I didHoward remarked, “ I did not shootI said to Savage, “ one barrel of your pistol is empty he said, “ no sir, I shoved all the empty cartridges out with Mr. Eagan’s pen-holder and reloaded I examined the wound in Mr. Paterson’s left hand; the wound was on the finger next to the little finger ; it was shot right through; from my knowledge of fire-arms it was impossible for the wound to have been made by a ball from Savage’s pistol; I think as large a ball as Savage’s pistol carried it would have cut off the finger ; the wound was a round hole through the finger, looked like it might have been made with a buck-shot; Mr. Paterson had a very small finger; I don’t think the ball tote out on either side of the finger, but went right through the finger; when I came to make the arrest there was a large crowd of excited people around the court-house; I placed a guard at the door to keep the negroes from going up stairs uutil I made the arrest; some of the negroes were armed; I saw one double-barrel gun, and some of them had sticks ; Burk Stephens’ wife was in a wagon with a gun calling to the crowd to come on and show themselves as men ; the wagon that Burk Stephens’ wife was in was about twenty feet from the court-house door; I do not know whether that wagon left when Mr. Eagan left or not; I did hot see Mr. Eagan when he left; I saw a crowd running in the direction of the colored school-house, and Burk Stephens’ wagon with them; I did not see Eagan in the crowd ; I was about one hundred and fifty yards from the crowd; there was a warrant placed in my hands for the arrest of Eagan that P. M. at half-past five o’clock ; I got to his place about or near dusk; I did not arrest him, as I did not find him; I searched for him; I never saw Mr. Eagan any more after the day of the killing of Paterson until I saw him in jail in Tallahassee.

Cross-examination:

I do not know Mr. Einley ; do not know whether he was in the room or not; I saw in the room Mr. Pollard, C. W. Stevens, a negro by the name of Burk Stephens, beside Jenkins, Eagan, Savage and James; when I went in to make the arrest, Burk Stephens was at the window on the south side of the house ; C. W. Stevens and Pollard were on the north side of the house outside of the bar; I was excited and might have overlooked others in the'house; I kept my eyes on Savage and James, as they had pistols drawn; Savage and James were about ten feet from where Eagan was standing, who was a little to the north of the centre of the table on the west side of l^ie table; Savage and James were about the middle of the hallway, between the table and judge’s stand, on the west side of the table, and to Eagan’s right; they were all facing towards me; I do not know whether Mr. Eagan heard the remark of Howard James about reloading the pistol or not.

Redirect examination:

The remarks of Howard James about reloading his pistol was uttered in language sufficiently loud to have been heal’d by Mr. Eagan from the position they occupied.

Cross-examination:

The remark was addressed to me.

Question — Is it probable that Mr. Eagan, under the excitement of the occasion, would have heard or paid any attention to the remark as addressed to you unless his attention was there drawn to it ?

Answer — I do not think he would have heard it unless his attention had been called to it, for he was badly excited at the time.

W. R. Boyd being called and sworn in behalf of the State says: I am a lawyer bj* profession, and live in the town of Madison ; I use as a law office a room under the room used as a court room, the same also being used as a sheriff’s office; I was in my office on the morning of the 8th February inst. when Frank Paterson ivas shot; I was reading at the time; I heard two shots fired in quick succession in the court room above, and considerable commotion of persons moving about, or appeared to be ; immediately after the firing of those two shots I heard .some person in the room over head speak very loudly, saying, “ shoot him again,” and another shot was then immediately fh’ed ; before the last shot was fired I jumped up out of my seat, threw my book down and went directly to the door of the room I occupied; I think the last shot was fired about the time I jumped up; I am certain it was fired before I got to the door; I was in the act of getting up wlien I heard the words “ shoot him again the door of my office that I went to is the door that opens to the street on the south side of the building ; when I got. to the door I saw several colored men in the street moving towards the entrance that leads to the stairs of the court room ; nearly every one was armed with a stick, and seemed to be considerably excited; I started into Judge Witherspoon’s office which was adjoining mine, and met him as he was descending the steps of his office; he said, “ Boyd, run across the street and get a doctor, the first you meet;” I asked him, “ who for ?” he said, “ Frank Paterson ;” he said, “ he is shot or killed,” I forget which, I disremember; I ran across the street and saw Dr. Sessions, and called to him to come over to the court-house; I came immediately back; T passed by a crowd of negroes in front of the court-house, all along in front of the building ; I suppose there must have been between seventy-five and one hundred negroes in front of the building; some of them had been sitting on my steps; they jumped up when the firing commenced ; I saw this crowd of negroes as they commenced gathering that morning.

Question — Did you see anything in connection with the assembling of the negroes at the court-house that morning before the shooting that attracted your attention ?

Answer — I noticed particularly nearly all of them were armed with sticks ; I can swear that I saw Savage in the crowd that’ morning; I do not know Howard James; I did not see Eagan in the crowd; I saw him pass the front street, but did not see him go to the court-house.

Question — "Were any fire-arms exhibited by the people congregated in front of the court-house door, about or near the time of the shooting ?

Answer — There were fire-arms exhibited soon after the shooting; I saw them when I returned from across the street, which was five or ten minutes after the shooting.

Question — Who had them, and what was their deportment?

Answer — There was a negro woman standing in a wagon about ten or fifteen feet from the court-house, and about twenty-five feet from the court-house entrance, holding in her hands a double-barrel shot-gun, crying out to the negroes, “ to go up in to the court-house and take them men and not to let them take them, and not to go up with nothing, but come there and get the gun or guns,” I do not know which; she told the negroes to be men and not to be cowards; this she repeated frequently; I went to the wagon and told her to put down the gun; she laid it down across the seat; I saw her immediately with the gun in her hands again exhorting them as before; this woman was Yine Stephens, the wife of Burk Stephens; ’ among other things she said the white men would soon be there with their guns, now is the time; when I first saw her with the gun the sheriff’ and posse had not gone up stairs, but went up immediately; when the posse came down stairs with the prisoners, and afterwards there were several parties trying to calm the crowd of colored people below, I for one said to those people that the prisoners were in the hands of the law, and let the law take its conrse; Mr. 8. Y. Einley, Judge Witherspoon, Dr. Sessions and Mr. Spradley were among those who made an effort to calm them; after the posse came, and while Einley and others were trying to calm the colored people, or about that time, I observed Mr. Eagan and General Jenkins ; if they were endeavoring to calm the crowd I did not observe it; Mr. Eagan remained but a very short time in front of the court-house; Mr. Jenkins and he started off, and the negroes crowded around them, and they went off together; they went off in the direction of the drug store, which is in the direction of his house, immediately this side of the drug store; I saw him last still surrounded by the negroes; it is about 150 yards from the court-house to where I saw him last; I think there were fifty or sixty negroes went off with Eagan and Jenkins ; there might not have been that many ; I could not tell what part of the room the words came which I heard, “ shoot him again ;” my office is under the court room, between the centre and east end of the court room ; I am certain the words “ shoot him again ” was spoken before the last fire.

Cross-examination:

I don’t think it was exceeding three seconds between the second and last fire ; I heard three reports, and no more; I did not recognize anything else that was said in the i’oom above; I did not recognize the voice; there was not any perceptible excitement among the negroes outside of the court-house before the firing commenced ; I did not notice any guns in the hands of the negroes that day, except the shot-gun the woman had ; the crowd that went off with Eagan and Jenkins did not display any fire-arms that I saw ; I never saw Eagan and Jenkins until immediately after the sheriff came down from the court room with the prisoners; Eagan looked very pale; he did not speak as though he was much excited; he spoke to Jenkins something about going home ; was the only words I heard him utter; I am not personally acquainted with Mr. Eagan; my acquaintance with him was not sufficiently so as to recognize his voice.

J. B. Wiginton sworn on the part of the State says: I am a citizen of Madison, Madison county, Ela.; I am a doctor of medicine; I was acquainted with Erank P. Paterson in his life time ; he is dead ; he died the day of the shooting; I was called to see him after he was shot; the call was as a physician; I found two wounds on his person ; one of those wounds was calculated to produce death ; it was the one two and a half inches below the right nipple ; it was from the effect of this wound he died ; the other wound was in the left hand, but was not mortal; I think he lived about one hour after he was shot.

O. F. Florrid sworn on behalf of the State says: I reside in the town of Madison, Madison county, Fla.; I am a merchant ; I was in the court room on the morning of the 8th February inst. when Frank Paterson was shot; he was shot by Charles Savage; I am sure there were three shots fired ; I was standing up at or near the bar ; there was one seat between me and the bar; when the shooting commenced I was about four feet north of the entrance of the bar; when the second shot was fired I had turned around and walked up near where the combatants were; I suppose I was within five or six feet of them when the second shot was fired; immediately after the second fire I heard a voice in the room say, “ shoot him again’ this was just before the third fire ; I did not see any person in front of me at the time but those three men, Savage, James and Paterson ; I don’t remember there being any person either on my right or left at the time I heard the voice; I did not recognize the voice ; there was such an excitement in the room I cannot tell from what part of the room the sound of voice came; I looked around to see, but could not see or discover from which direction the sound of the voice came; my face was to the east before I looked around ; there were some gentlemen behind me at that time, but I cannot call any names, neither do I know how many ; I mean in the west end of the room.

Question — At the time you heard the words “ shoot him again,” was Mr. Eagan in the front or on either side of you ?

Answer — I do not know where Mr. Eagan was at that time.

Question — At the time, you heard those words, did you see any one on your right or left, or in front, other than Savage, James and Paterson ? .

Answer — Mr. C. W. Stevens was a little to the rear on my left; I did not see any one else.

I heard the words “ shoot him again ” distinctly; I am positive I heard the words before the last shot was fired; lam not positive which it was, James or Savage, that fired the last shot; I am certain James had a pistol; I saw it; he snapped it at me; I am under the impression he fired one shot; I am not certain whether it was before or after he snapped at me.

Cross-examination:

At the time I heard the first pistol fire I was standing behind Bench No. 1 at the end of Bench No. 2, outside of the bar, as shown on diagram, at or near the point indicated by the letter F on the diagram; when I first saw Savage, Paterson and James they were about eight and a half feet from the first post towards the door of the court room; there had been but one shot fired when I first saw them ; I think it was twelve or fifteen seconds from the time the first shot, was fired until that of the second; when the second shot was fired I was on Bench No. 9 ; at this time Mr. Stevens was to my rear and left; I cannot point to the direct point; when James'snapped his pistol at me he was standing near Bench No. 9 east of me; at this time Savage was to James’ right a little to his rear; Savage was about No. 15 on the carpet, as well as I remember; I am not positive where Paterson was at this time, but think he had staggered and fell against the post; the second shot had then been fired ; the third shot was fired as quick as he could shoot after the second; I had seen Mr. Paterson in the court-room before the difficulty occurred; he was inside of the bar when I walked in the court room ; I had not been in the room more than half a minute before the difficulty occurred; I saw Mr. Paterson when he left the bar; it was but a few seconds after he left'the bar before the difficulty occurred ; I saw Savage and James in the room as I went in, but cannot say but, but am inclined to think were coming out of the bar, but did not pa}>- any attention to them, and cannot say ; when Mr. Paterson left the bar he walked east towards the door; I am not positive where I did see James and Savage, but think I noticed them in .the room, but cannot say where; this was before I saw Paterson go out of the bar; everything was quiet when I went in the room; I disremember whether Mr. Eagan was writing or reading when I went into the room ; I cannot precisely locate Mr. Eagan’s position, but he was on the west side of the table next to the judge’s bench, can’t say, but think he was sitting ; I did not see Mr. Eagan any more after my attention was attracted to the firing in the court room.

Redirect examination:

There was time enough between the second and third shots for me to have heard the words “ shoot him again ;” at the time I heard the words “ shoot him again ” there was great excitement and confusion in the room.

C. S. Church sworn on behalf of the State says : I live in Madison county, State of Florida; I am acting deputy sheriff; I was in the court room on the morning of the 8th February when Frank Paterson was shot; he was shot by •Charles Savage and Ho’ward James, or at least they both shot at him ; I saw Howard James shoot at him ; I was in ten feet of him when he fired the pistol; there were three shots fired; the last shot was fired by Howard James; the second shot was fired by Charles Savage ; between the second and third shots I heard a voice *in the room say, “ shoot him again I then immediately drew my pistol and said “ the man that fires the next shot I would kill 'Mm ;” Charles Savage and Howard James were in front of me ; Frank Paterson was also in my front, but to the left ; I do not know who made the remark; I do not know where the words came from ; there was time enough between the second and third shots for me to hear the words distinctly; I could not tell where the words came from, for I was watching Savage and James, expecting them to shoot me ; I was watching both Savage and James, and had my eye on them, and if either of them spoke it I did not see their lips move; Mr. Densler was near me about that time, and some one else, I do not know who ; I was not in the room when Savage and James were arrested by the posse; Savage had went to a window to jump out, and I ran down out of the court-house and around under the window to prevent his escape; I came to the court-house with the posse ; I summoned them myself, and brought them to the court room, but I did not go in with the posse for the reason as given above.

Cross-examination:

When the first shot was fired I was standing near the first bench outside of the bar with a back to it; the first shot was fired by Charles Savage; Paterson and Savage were about four or five feet from the door of the courtroom inside when the first shot was fired ; James I suppose was standing ten feet from the door on the right as you come out inside; I cannot be exact about it; he might have been further or nearer ; I judge him to have been about that far from the door ; when the second shot was fired the parties had struggled and got a little further from the door nearer me, perhaps about the middle of the walk-way or aisle on the carpet; I was about five feet from the post next to the door, between the post and bar; I will not be exact about it; that was my position when I heard the words “ shoot him again James had also got near to me at the time of the second fire ; the whole side of his face was to me; I could see nearly his whole face; I suppose he was between three and five feet from Savage at the second fire, perhaps further; Savage was not exactly between Paterson and James at the second fire; Paterson was nearer me than Savage was; I was facing to the east; after the second fire Paterson pulled loose from Savage; Savage fell to his knees as Paterson pulled loose; I do not know what time intervened between the second and third shots; I would not judge it to have been over five seconds ; it was a short time ; I saw Mr. Eagan before the difficulty commenced ; he was sitting on the opposite side of the table next to the stand; Mr. Paterson was armed; I saw him pull out a pistol out of his pocket after he fell and rose; he tried to cock it, but did not have sufficient strength to cock it, and did not cock it; the reason I suppose he did not have strength to cock it he was very pale, and one of .his fingers was shot; he could not walk without support; when the first pistol fired Savage had his left arm around Paterson’s neck, his hand fast hold of Paterson’s left coat collar; Paterson, I think, had his right hand against Savage trying to push loose from him.

Redirect examination:

The firing was all over before Paterson drew his pistol from his pocket; I did not see any licks or blows passed between the combatants ; when Paterson pulled loose from Savage I think he jerked Savage down, as Savage in the fall fell towards Paterson; from the position I saw the parties in when I first saw them in the struggle Paterson must have passed James before he encountered Savage.

A. R. Spradley sworn on behalf of the State says : I live in Madison county, Fla., about twenty-six miles from the court-house; my occupation is that of a farmer; I was in Madison at the court room the morning of the 8th February inst. when Frank Paterson was killed ; I came to town that morning to bring a load of cotton and to pay my taxes; I had a letter for Mr. Frank Paterson, and was informed he was at the court-house; went over to see him; I know Howard James, Charles Savage and Dennis Eagan, all three; I saw them all that day; I first saw Savage and James that day on the stair steps leading up into the court room as I was going up to see Mr. Paterson; I had stopped on the platform where the steps turns and was coughing; they (James and Savage) passed me while I was stopping ; they were going up into the court room; they were together ; I noticed as they turned up the steps from where I was standing coughing Savage had a pistol in his right hand holding it behind him under his coat tail; in about a minute after this I went up to the court room door ; I did not go into the court room because I saw Mr. Paterson coming towards me when I got to the door; Mr. Paterson had just left the table in the bar and was coming towards me when I first saw him; I saw Howard James and Charles Savage also at that time; Savage was standing about seven or eight feet inside from the door, and James about ten or twelve feet from the door inside towards the bar'; I do not know what they were doing there; they were just standing there; they were near the carpet leading to the door to the left or south side of the carpet; when Mr. Paterson got to where Savage was he (Paterson) had a paper in his hand.; I cannot say what was the position of the hands of either James or Savage were at that time; Mr. Paterson held out the paper he had in his hand to Savage and said, “the man that swore to that perjured himself;” Savage blustered out with an oath, “ damn you,” and about that time he gathered hold of Paterson an