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The Arkansas advocate. [volume] (Little Rock, A.T. [Ark.]) 1830-1837, April 27, 1837, Image 2

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[ Reported for Ike Adi-m.rdt J
On Thursday, A pr«1 13th, the prisoner, who stood
indicted for the murder of lu.itifotd P. Scott, wa*
brought into court — having hce:.i arraigned upon the
indictment at a previous term of the court. The in
dictment contains two count-—one charging Alexan
der McKee as priiicip d iu tk* first, and William i •
McKee in the 'second degree—and the other vice ver
ea. Counsel, {'• >r lin ' S: n.-, : . ’ t.T, f'< os. .•?// ij-,
Fowler, Scotr, and Puce — for the prisoner, Hall,
Taylor, and Petr. A‘t«.r a jury had been einpannrl
led aed sworn, the cuso was opened by Tcevault, lor
the State, followed by flail, for the prisoner—and the
following witnesses were examined on behalf of the
State :
Jlbner G. Bell, suorn—states, that on the day of the
election for .members of the convention, (Dec., 1835,,
hs was riding in company with the prisoner, deceased,
end others, on the road from Little Rock to the settle
ment where they lived. Heard dec'd say something,
end pris. rejoined, “ YoU are an infamous liar.” De
ceased said he would not stand that, find got off bis
horse. Was persuad 'd to gat up again. Pi gorier
•aid to deceased, 11 f’il have your life- 1 .i have me
little end of your lights.” Prisoner afterwards u»?d
witness that he was s»rry it had none t > t.:.s—that in
was sure it would end just that sorrow f li between them.
Cross-examined—The first ihi ig w-t. boat i w.s th
dec’d saying, “ thereV. no mule in me." In answer
to a question, whether dec’d used any »gg- <va*ing or
harsh expressions towards prisoner—said he thought
there was nothing out of the w, y w:ih dee d. Says
he kno w of no prt eioua : is ril deceased and
Conway Scoit—states, that on the same occasion
dec'd and pris. came riding up behind wit. talking to- i
gether, Dec'd t«ld pi is. it he wished to be friendly,
to say no more. Dec'd then asked pris. what he had
against him. Pri=. said he idee’d) looked mulish at
him. Dec’d asked if lie had ever done him any harm.
Pris. said, no. Dec’d asked if he (pris.) had ever
heard any body say that lie had said any harm of him
Said no. Some words passed which wit. did not hear,
and then pris. called dec’d an infamous liar. Dec’d
said he would not take that, and got oflf his horse.—
Wit. persuaded him to gel on his horse again, and lie
did so. Pris. then said that ho would not tight him a
fiat fight, but intended to have his !ii». Dec’d asked
if he said he intended to have his life. Pris. said he
intended to have the little end of his lights, and repeat
ed it two or three tin »r, as pris. was.
about starting away, he told dec’d that ho haul staid
back on purpose to have u round with him ; and fur
ther remarked, “mind, ;j you! — you’ll hayt ■
look up to me some day.” Overtook pi is. again at
Sevier’s place. Pris. halloed and told dec’d to pack
up on his old dun mare the next morning and leave
the country. Shortly after tins, pns. shook a cowhide
over the head of dec’d. This was while the conven
tion was in -cssioin
On day of murder, (Dec. 2 ith, 1886,) dec'd passed
Mr. Sampson’s house with u load of board timber, a
bout 12 o’clock, or (,■ few minutes after. Sampson’s
house is about*h mile and a half from McKee’s. The
house of dec’d is about three-fourths of a mile above
McKee’s. Wit. never saw dec’d after he had passed
Sampson’s till after his death. The settlement is in
Pulaski county. The quarrel between pris. nod dec’d
arose from the opposition of dec’d to the marriage of
Alexander McKee with his sister.
Cross-ex'd—Dec’d always declined quarrelling with
png,—never struck, attempted to strike or cursed him.
Arthur Spence—In Dee., 1S33, pris. and wit. over
took dec'd. Prist, rode up to the side of dic’d, turn
ed round and spit at or on him. Dec’d did not let on
that he observed it. Rode on to where the road (hik
ed—and pris. then asked wit. it'ho saw him spit on
dec’d. Wit. replied he saw him spit at him, and ask
ed pris. what he had said to dec’ll. Pris. told wit. that
they had had a falling out — he (pris.) had given him a
certain time to leave (ho country in, and he had just
stopped to li t him know that his time was out. Said
they could not both hvo in one country. Wit. believes
he heard him say the same thing afterwards.
Crotis-ex'd—Never hoard dec’d say a word about
the quarrel.
Richard F. Dunn—On the day of the White meet
ing in Little Rock, (June, 1836.) wit. and pris. were
riding in company towards Little Rock, together with
Alex’r McKee. Dec’d and his mother were ahead.—
Pris. asked wit. if they should not pass them. Pris.
then rode ahead, and in passing dec’d shook his whip
at him or in his face. Dec’d struck him w ith his riding
whip. Pris. then struck dec’d. Dec’d then struck
back at pris.—and then pris. drew a pistol and snap
ped it at dec'd. The cap did not explode. Pi is. icin
irniiute, pi
r u in tira nurse, tum ucv. \i
cup on his pistol, then rode up by side ot dec’d and told
him to cut him again, if he dared. IN it. does not
know as dcc'd made any reply. Pris. raid it he cut
isim again ho intended to shoe! him, and dared him a
gain to cut at him. Pris. nfif, Wards told wit. that it
fcis pistol had gone oil, h« would have shot dec’d—that
dec’d was a damned rascal, and he intended to shoot
Crots-tx'd—When dcc’d struck pris., ho struck him
on the shoulder,—with a small whip. As pi is. rode
up he shook hiet whip in face of di c’d. It might he
possible that it was an umteiitienai iWish of the whip.
Dec'd was keeping along the road all the time. 'With
in half an hour afterward*, pn~:. said dec’d was a damn
ed rascal, and ought to have been dead long ago.—
Dec’d said pris. always insulted him when he was
where he ceuld not defend himself.
| John C. Julian—Qa same^dav, in the nflcrnoon,
wit. was walking with Mr. Barkeloo from Mnj. Peay's
by Do I’aiin's. Heard soma affray there. Wit. step
ped into Do Batin's store, and saw pris. have u pistol
in hi* pocket. Pris. said he would shoot dee'd. M it.
put his hand upon the pocket that held the pistol, and
told pris. he could not do it there. Prii. then stepped
out at the door and said if his damned pistol had fired
i “ it would have been finished to-day.” Pris. then
went over to Gibson's store, and in a few minutes
v.it. saw him at Dr. Tucker's. Pris. sa
went out of De Baun's store, that he would be prepa
red—or something to that amount.
1 Cross-rx'd—Doc'd had nu weapon® •• .t wit. saw.
Five or sis men had held of the - t. D f» not
know that dee’d had bold of it—th.'• - ; - ' : w
j Julian Itnbtau—Saw the com;*-,* • -
same affray. Saw pris. j :i dec’ . >»t
above the eve. Dcc’d theti pu; - p
door and struck bin# once or < .c-e < . .
then parted them—pushed pi3. out ai Ih* doer, i *
dee'd into the stoie. Dee'd w ss wa king out nftt
store when pris. struck him.
Crcss-ex'd—Does not know any cause for the blow
wi ll the specie. Saw no weapon but the spade.
fl tliiatn Barkeloo—Testifies to the same. Saw
pris. punch dee'd with the spade above the eye. The
blow made a gash an inch or an inch and a half long.
Dee’d struck the spade down with 1ns hand—pushed
pris. against the wall, and struck him in the face. Mr.
Imbeau then parted them. After pris. was pushed
out at the door, he said, “ if the damned pistol had
not snapped to day, this would have been finished —
und afterwards swore that he’d be damned if he didn’t
intend to finish it yet.
*' itness had known deceased ail ms lifetime. He
was very inoffensive—one of the most peaceable, qui
et, orderly, and steady men he ever knew. Appeared
to be very calm and peaceable on that occasion.
Jesse B. Bad gel l—Saw pris. strike dec’d with the
i spade. Dec’d wus in the store, coming towards wit.
dec’d spoke to wit., pris. struck. Heard pris.
make some threat while washing at Gibson’s, but does
not know what. Dec’d was going out at one door,
as pris. came in at the other and struck. Dec’d show
ed no disposition to get at pris. after the affray. The
character of both pris. and dec’d was good.
l'dlan Scotl—Mpeaks of the sains occurrence as Mr.
Dunn. States that she and her son (dec'd) were com
ing to town—that pris. rede up to her—laughed, and
said ho would shogjij her son—that lie should blow a
!■ ill through«( ;m. Ib is, had his pistol in his hand and
! was fixing It. = The difference had arisen from the ob
jection dec’d had t>> piis.’s innruage with his sister.
1'. 11. Baldwin—S>»me time last summer, while ri
ding with pi is. round ;a little field belonging to dee’d,
; pris. told wit. that he (pris.) had spit in dec’d’s face,
and shaken a cowskin <|ver him — that he had insulted
. and would insult him in every company he caught him
in, and if he resisted, he would cut the villain’s throat.
David Royslcr, Coroner of the county—Went, on
the 25th of December tq arrest the prisoner and his
: brothers. Pris. came to the door, appeared much con
fused, and after fixing for some time came out. Wit.
discovered that they were, armed, and after they had
mounted their horses, wit. caught th* reins, called the
guard and took away their arms. They had two or
three pistols. They were reluctant to give them up,
hut said they had not armed* themselves to resist, but
i fence. Pris. said he ought to have killed dec’d thirty
weeks (or months) ago—but that he was glad the per
jured villain had come to his death by other hands.—
1 repressed pleasure at death of dec’d.
Witness held the inquest over the body of dec’d._
Wound was in the back. The ball entered a little to
the left side of the back bone, and came out under the
left nipple. The wound appeared to have been made
with a large ball—say from 40 to 00 to the pound_
Inquest held in Pulaski county.
William Wilson—In June last, overlook pris. In
conversation, pris. said he did not care about making
up his quarrel with dec’d. Alleged no insult from
dec’d, hut that he had opposed his marriage.
Was with the officer who arrested pris. Pris. ap
peared somewhat confused.
Robert Reed—Was living with the McKee’s. Was
at mill on the day of the murder, about 2 miles from
pris.’s house—started to go there about 8 o’clock, and
got hack about dark. TIphu1 of the murder at ^Ic
Kee's. about 7 o’clock in the evening. A negro girl
tun, and
rrl dec'd
it brine
came over and told it. Pris. w
seemed surprised at it. Pris. mi
had shot himself with a pi *o!
Christmas eve.
Cross-ex'd—Pris. manifested much s>ujp- sa W
er hpord ori«, swear an oath. Heard pis. ones tel;
dec’d that he wanted to make peace with him, which
dec'd refused. This was in August last.
R. II. Rush—Was at woik on the 2-*ih Dec., on
the home dec’d was building. Heard two guns fire
in the forenoon, and after some hours heard another
gun in a different direction—aud immediately heard
some one exclaim, “ Lord, have mercy upon me ! ”—
Last gun was not more than a quarter of a mile from
wit., in the direction of the house of pris., arid the ex
clamation was in the same direction. Wit. supposed
this to have been between one and two o’clock. Late
in the evening wit. was halloed to bv olJ Air. Scott,
and went to where dec’d was lying. The body was
found between a half-quarter and a quarter of a mile
from McKee’s, house—lying on his back across the
road, with his head upon the wagon rut aud his hands
alsc across the same wagon rut. The bullet en-1
tered the bach a Hide to the loft of the back bone, and
' passed out under tho left nipple, ranging a little up.—
Wit, thinks it was made wit . a hall of 43 to GO to the
pound. The wagon was standing a few yards from
the body, in or mar the i \id. No arms were found
with c'u'c'd, except a pocket knife. Piis.'s house is
directly on the road. The house ofdec’d is between
old Mr. Scott's ami jms’s. Dfc*d would pass prises
• houre on his way to Lis ow n.
Wit* wont to McKee’s that night w ith the girl who
was sent to get Mrs. McKee t« go to her father’s.—
Wit, sent girl to the bouse and stopped at the corner
! of the fence. Soon after, the girl came running out
crying, and some one in the house halloed “ Stop her!
G<'d damn her! blew a ha 1 through her 1 ” No per
son went from McKee’s to £co;t: at night. It was
three or four hundred yards front where wit. was at
w.-rfe to where she to d\ was f ur.d. All the persona
' • • A-!n FA: 1 when cor'd would
't . Bird his .rcthe: si. their team through
if . as. told hi? brother th-'.t he would have gone
Mir’.; ha h —that tt y wad 1 cm thro’ am- Vav. ;
T -Sf . »;•.—Dec’d had started oh lin. morn- j
ing of th, 2 If;; T. c., to b il a !o;.u of board timber
from Mr. t-ampsou’s, ub art a r..i!e and a half below, j
In doing go, he had to pass the bouse of pi is., both go- i
ing and coming. Dec’d not haring: returned as ex- j
pected, wtt. became afraid some accident had happen- j
ed, and v. ith his sons set out to look for him. fit- -on ;
W m. Scott found the bode, and halloed to wit., who j
called upon Mr. Rush. Dec’d was found in a muddy ;
place i:i the road, where a liitle draiii ran down to a ;
lake, and just where the road made a short bend, about j
six or seven hundred yards from the house of pris.— ;
The wagon was about 75 yards farther towards the
house of dec’d—having run against a tree. Dec’d lay
on his back, his head on the rut—his arms and legs
stretched apart. There was a place evt- on the fore
head, as if made by a fall. The morla.Lwound passed j
in a direct line through the body, ranging up a little, j
IVagon had a body on and four horses. There was
no money and nothing but a pocket knife with dec’d.
Dec’d had gone to Missouri in October, and return
ed on the 16th of December, in the evening.
Catharine McKee—A motion was made to exclude j
I the testimony of this witness, on the ground that as her |
j • ”, |
: husband and the prisoner were jointly indicted, though j
] separately tried, she could not be allowed to give evi- j
; dence which might tend to criminate her husband.—
i After an elaborate argument, the motion was overruled
j by the court, and the witness sworn.
She states, that she was at home when dec'd was
| killed. He passed the house about 1 o’clock, on his
return home. I'ris. was iu the room at the time dec’d
! passed. After dec’d passed, pris. got up from table,
went into v. it.’s private room, returned and stepped out
; at the door. The next time wit. saw him after he went
| out, he was hitching up his oxen. The gun nad been
w iped out before dinner, and immediately after dec’d
; passed, Alexander McKee took the gun from the rack
and took it out of doors. I’ris. and Alexander were
1 both standing in the front door when the gun was taken
! down. About half an hour after ptis. went out of the
I room, wit. saw' him standing by the yard fence. He
stepped over the fence, and wit. thought he was going
to the kitchen. I’ris. and Alex, were then at the end
of the house, standing up by the fence, on the inside.
| Pris. started from the fence with the gun in his hand,
.arid set it down at the kitchen, just as he met vat., and
' then went and unhitched his oxen. The rifle carries
a large ball. It was always kept on the rack in the
front room, but that night it was brought into wit.’s
bed-room by pris., and kept there all night.
Green McKee had never been out of the house un
til the gun was put down by the kitchen. He was lame,
and could not walk without crutches or by pushing a
chair before him. The rifle never was put in wit.’s
room before.
When the negro girl was sent in the evening from
, Mr. Scott’s, she came to the door and halloed. Pris.
went out—and wit. heard him ask her what sho wnnt
. ed, and afterwards tell her to go into the kitchen, and
: he came into the house, Pris. said he asked the giil
! what she wanted, and she said “nothing much/’ The
giihfollowed him right in. lie was nu sooner in the
I house than she was. She inquired for wit. Wi'. did
j not know her at first. She would not at first tell what :
; was the matter. Wit. pulled her out of doors, and then j
learned that dec’d was dead. Wit. did not go to her j
mother’s that night. “ Pits, signified that he knew as ;
much as who would' he su<q irioned.” Wit. mid him j
sue dui i’.')] know .\i- . c;, ho! ,,iy eoiv.r v against!
; d Si: Oft*fid.
■ T' r u< ! a* V parsed the house,
. nd said ;t us not s- . ;> }v» ncu before since Jie j
came irom Missoni i Alter tutchsog up the oxen, they I
• were never moved till they were unhitched. Did not j
c-ee pris. at work on the house after dinner. Did not
j see him alter he left the house, until she saw him hitch
ing up his oxen. Does not know whether he left the
I place or not.
Jllbert llciynte—lias heard pris. say that dec'd had
| said that if he (pris.) was to kill him, he had money
enough to have him caught in any part of ihc world.
Saw pris. act insultingly towards dec'd going to meet
Smith Kcilum—Was present when pns. was ariest
ed. lie seemed something excited—but did not ap
pear to resist—except that he objected to bating his
arms taken away, and rather made some resistance.—
Pris. said he ought to have killed the rascal 30 months
ago—but that he did not do if.
5. M. Rutherford—Saw pris. returning to jejl aft
l-.o had esraped in Feb. Heard him say, that he **
bis brother thought they would leave jail until *
but intended to stand their trial. °Ur*’
Mr. Munson—Vns, got the chains off his !e<rs aM
broke jail in February.
The counsel for the Slate also offered, in evicj,...
an affidavit sworn to by the prisoner to obtain delay'
in which he set forth that he could prove an aliij b'
Robert Reed and Littleberry Robinson. This • ^
was strenuously opposed by the prisoner’s conns"^'b^
sustained by tbe court, and the affidavit suffered to ^
to the jury. rapgiPr’
Evidence for the Prisoner.
Hardy Kfri >*>n— Was at McKee’s house the da - -
lha murder. It was a few minutes after 1| when
* -caus i he :nqu r •:] the time at the house, p,.
•v’s there. Both were tu da at work on the house.
' ,rrV Robinson— Yvs there after 12 ©’click.-,
■ •let tec u after leaving the house,
C:- i:: .’.Voice—On the day of the murder was ...
all cay. a as mostly in the house the fore part 0f the
day. A little after 12 o’clock, went outside. \Yhen ^
t went out, sat down on the doorstop, remained ther
it half an hour, and then, about half past 12 wont
" l! 1 upon the door sill. Was in the house when deck!
passed, \fter dec’d passed, pris. went to his oxen, yok
ed thorn, arrd then went to work on the house. Du"-'
• de afternoon, pris. was never more.than 50 yards from
the house, ’T wasn’t no time at all after pris. yoked up
his oxen bef re no went to v. ork again—and remained at
work all too afternoon without intern: issic* until dusk—
'vit. went out to show pris. ar.-i Alex, how to put the raft
* togorher, as th*v c: d not know how to da .so. Wit
hoard one gun fired about 1 o’clock, while pris. was at
work on the house. The gun was fired about the lime
‘;oc - vvo have >t t i the pl-i-j where ha was killed_
i lie gun was taken down in the morning by Alex, and
loaded for the purpose of killing a turkey. It was then
put up in tb ■ rack, and was inn er taken down again till
:nte in tiio eroding. V, hen the negro girl came -to the
house :n the evening, wit. heard no harsh language used
l.y the prisoner. Trie, did icts-iy “d-n her! blow
her through !” Pris. never siv > irs. When the nows of
t'ne murder came, Mrs. McKee said it was a very fine
thing that pr:s. and Alex, had been there all the evening,
or they might have been suspected. She said this be
cause the negro said to pris. in speaking of killing, and
who did it—“you know how.”
cross-cc l ns. bad no gun tn his hand in the mid
’ of the day. The. oxen stood an hour before they were
unyoked. Wit. was on the doorsill when the gun fired.
Went on the doorsiil immediately after dinner—and re
mained there half an hour. Had dinner at 12 o’clock.
Docs not remember that pris. ever told him his life
depended on his testimony, after breaking iail.
Thirdly Robinson—Called again by State—Left He
Kee's at 5 or 7 m inutes after 12. No dinner was prepar
ing then, and Green McKee was in the house sitting by
the fire.
" '' ■ Budget! Vi as at the jail when the pris. was
brought back. Heard pris. tell Green that his life de
pended on him, to get clear and begged him to be at
I be evidence being gone through with, argument of
counsel commenced about 5 o'clock, Friday evening
and the case was given to the jury at 2 o’clock the next
morning. At 0 o’clock, a verdict of guilty was return
i . into court. A motion for a new trial was afterwards
muc.e, and overruled. A motion in arrest of judgment
v' is t.ien made, and on the 25th withdrawn. Sentence
pronounced on the 2Gth.
; inquirer states that the family of the illustrious Mad!
| son arc preparing for the press five or six volumes of hi#
i MSS, One volume is to he devoted to Constitutional
! d octrine* and (lie others to his interesting Corres
pondence. I hese are, ofcouise, exclusive of his Re,
ports of the old Congress, and of the Federal Conven
tion, for the purchase of which the last Congress have
appropriated $30,000. Balt. Amer.
The Buffalo Advertiser of the I3lh March speak*
of the fine skating on Lake Erie which the ice still of
fers to those fond of the amusement. On the prece
ding Saturday, two gentlemen of that city achieved a
skating trip of 100 miles. Balt. Amtr.
A bill has passed both branches of the Virginia
Legislature, prescribing general regulations for llank
ingi one of which is the prohibition to issue under $20,
after the year 1840. Balt. Amcr.
A bill has panscd both branches of Virginia Legisla
ture and become a law, increasing the banking capital
ot that State by tile addition of five millions. If the
Richmond Banks fail to accept the law, a new bank is
to be established at Lynchburg. After the first of Oc
tober next, the banks are prohibited from issuing fivo
dollar bills. Ball. Jnw.
■ he Mobile 'vlercantile Advertiser of the 15th, men
tious a rumor (hut Oseola has been tried by an Indian
' 'ourt Martial for cowardice, found guilty, and degra
ded. rj here ecu be no truth in the rumor. The l” lor
da war has brought the L . States Generals to a court
Martial, but not the illustrious savage.—Lott. Jour.
Texas.—A field battery of six guns-four six pound
„ i ..... r ' , i . ■. _;.e „ii
CIO use i*rO HVC1I1 y-imir jiounQ noWU'/.ttis—mill ]
plements for service, and 1000 balls, shells, and can
uisters, presented to the Republic of Texas by Gen.
T. J. Chambers, arrived in this city under the charge
ot Major McLeod, on, the 271h March. Thev are
splendid pieces of Artillery. They will be in lexas
in three or lour weeks, and the way their wide mouths
will talk to the Mexicans will be a caution to ah fi'*
fees of liberty. Lou. Jour.
For two or three years past, the State revenue of
Ohio has been considerably less than the expenditure.
I lie Cincinnati Gazette says, that long sessions oft *
Legis'mure, enormous grpounts of public printing*
heavy expenditures for investigations, giving ernp oy*
•noTii to favorite partisans, have brought about thic is
creditable 8tata,ofi things. Jjou-Joui.
“ The echoes of Mr. Benton’s fame is heard from
every vale, and hill in the Union.” Dem. Her.
It is heard from but two “ hills “—one i* I*a"c ^ll*
and other “Chapel-hill.” £ot». Jour

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