Defendant Contradicts Witnesses For Prosecution.
ARGUMENTS WILL BE MADE TODAY
Testimony Concluded In the Trial of J. E. Gulls for Killing MeRae Whitaker.
Special to The State.
Camden, Oct. 5.-The Gillis case, after its many continuances by the defense since the commission of the
homicide 18 months ago, and the un-avertable delays this week since the commencement of the trial on Monday, is now nearly at its end, as its conclusion will be reached tomorrow evening.
The State closed its testimony at 11 o’clock this morning and the defense proceeded at once with its evidence by putting up the defendant, J. E. Gillis, as the first witness. He was on the witness stand for two hours. As soon as it became known that he had been placed on the stand to tell his side of the killing Main street practically emptied itself into the court house. He denied almost in every particular the testimony given by the State’s witnesses. It is now up to the jury to reconcile the diametrical differences and by their verdict say which version of the killing they accept. The State’s evidence, if accepted by the jury, will convict the defendant of, unjustifiably taking the life of John McRea Whitaker. If the jury accept the defendant’s plea of self-defense as narrated by him they will acquit him.
The defense put up five witnesses besides the defendant, but only one of these claimed to be an eye witness and her testimony was not as strong for the defendant as it had been proclaimed it would be. In one or two particulars she was contradicted by the State and in one material matter she failed to accord with the defense even to the extent of contradicting the defendant and corroborating the State’s chief witnesses in saying that it was proposed by Whitaker’s side to have a fair fight.
Five hours only were consumed in the examination of the defense and it was a surprise when counsel for defendant announced that they had no more evidence to offer, and it was also a surprise when they did not offer as a witness J. A. Gillis, the father of J. E., who was along with his son at the time of the shooting. The State then put one witness in reply and the evidence in this case, which has become a noted one in this county, was closed. Five arguments will be heard tomorrow and the case given to the jury for final judgment.
On the reconvening of court this morning Mr. Ancrum Boykin, the principal eye witness for the State, was still on the stand. At the conclusion of his testimony two witnesses testifled that they heard only two shots. State and in one material matter she at the time he was shot were put in evidence.
The Defendant.
The State at this point rested its case and J. E. Gillis, the defendant, was sworn. He testified that on the 25th of February fire had gotten in the woods of Mrs. Haile, on whose premises Mr. McRae Whitaker lived: that he was helping to put same out and Whitaker walked up and asked him how the fire had gotten out. The witness said he replied. “I do not know: my father is having new ground cleared and it might have got out from there, but I don’t know.” Whitaker turned and walked off, towards his home. “I did not have any idea he was coming back,” said the witness. “Met him as I was going from the fire. He hollored at me, ‘Gillis, is the fire out?” I said, “No. sir.” He said, “Where are you going? Ain’t you going to fight any more?” I said, “No, I am going to dinner, I am tired.” He said, “you are H – of a G-d fellow to put fire in a woods and won’t fight it out.” I said, “We did not put it out.” said. ‘You are h- of a G–d fellow did do it.” And he further said he had no use for me. He applied vile epithets to me. He was an overbearing man and I tried to keep out of his way.
“On the morning of the 9th of April I left home about 10 o’clock with my father and came to Camden, driving one of his mules to a buggy. In Camden I went to a barber shop to get a shave and haircut. Whitaker walked In and to avoid him I went out, and father and I started home. About six miles from town we stopped at a spring to get a drink of water, I had no idea of seeing Whitaker any more that day. He drove up while we were getting water and he said to my father: “You are blockading the road.” Father told him that he thought there was plenty of room for him to pass but he would drive further out, and he did so. He said to me, “Ed Gillis, this is the first day I have seen you put the fire in my woods.” I said “I did not put the fire in your woods.” He said, “I have been informed you did it and I’ll be G- d-if I don’t believe you did.” I said, ‘No, I didn’t do it and I think you owe me an apology for the way you treated me at the fire in the woods.” He said “What in the h-I did I do to you?” I said, “You cursed me and threatened to kill me.” He said. “I don’t carry a pistol. I saw his pistol right then sticking out of his pocket, and I said, “You have a pistol in your pocket now.” He said. “Yes, I carry one on an occasion like this.” My father said to him, “Ed did not put the fire out in your woods, I sent him there, told him to get hands and put it out. Mr. Whitaker then said, “I have been misinformed I reckon, I owe you an apology and will take pack what I said.” I said. “All right. I am done with it, the matter is settled with me.” He said, “If I have been misinformed I am also done with it.”
“We finally went on and Whitaker got out of sight. We got to Boykin station and went to the postoffice and Mrs. Reese handed me our mail and we started for home. Heard somebody call, “Ed Gillis, G–d d–n it, hold up, we are going, to settle, this d-n fuss right now.” It surprised me, I looked back and saw Whitaker and Ancrum Boykin coming rapidly. Whitaker had his pistol in his hand. He said, ‘I will battle it out now, it has got to be settled. I still remained in the buggy. Ancrum said, “Ed Gillis, G–d d–n you, get down, this has got to be settled now.” Whitaker said, “Yes, G-d d—n it, we are going to settle it.” I jumped out of the buggy and said, “Gentlemen, this matter has been settled as far as I am concerned.” Ancrum said, “No. G-d d-n it, it has got to be settled now.’ Whitaker said, “It is not settled with me, I am going to have satisfaction.”
“He had his pistol In his hand. Whitaker shot first and I shot twice.”
Mrs. Mattie Reese.
Mrs. Mattie Reese, who was the postmistress at Boykin station at the time of the difficulty, and who has figured in the case in the matter of defense securing one or two continuances on account of her absence from court because of illness, was the next witness sworn for the defense. She is a very delicate looking young woman and has not as yet fully recovered from an operation which she had to be subjected to in a hospital at Nashville. Although suffering physically she gave her testimony in a clear voice and with emphasis. Her testimony was as follows:
“On the afternoon of April 9 I was at Boykin station when Mr. Whitaker drove up shorty after J. A. Gillis and his son, J. E., rode up to the postoffice and asked for their mail. I gave it to them and they rode off. After that my attention was attracted to Ancun Boykin and McRae Whitaker. Their buggy was hitched near the post office and they were walking very rapidly in the direction of Gillis. Whitaker seemed to be very much excited and was cursing. The Gillises were sitting in their buggy. Whitaker said, “This thing must be settled.” Ed Gillis got out of his buggy and he and his father were acting in a quiet manner. Whitaker was the aggressive party. Ed Gillis did not draw a mark on the ground and dare Whitaker to cross it. Just before the firing I heard Mr. Sam Boykin and Ancrum insisting on a fair fight. Gillis did not decline a fair fight, said he would be willing to give up his pistol. I did not hear Whitaker say he would give up his. I heard Whitaker say he would fight a duel, accompanied by violent language, and then the shooting took place.” On the cross examination Mrs. Reese was asked if she did not say to Mr. E. D. Hopkins the night of the difficulty that she had nearly reached home when the pistol fired. She denied saying Mr. Hopkins was put up in reply and said she did so state to him.
Dr. S. F. Brasington was sworn for the defense and testified that on Monday morning after the shooting he examined the forefinger on the left hand of J. A. Gillis, the father, and found that it had been shot through near the end of the finger by a bullet.
This evidence was offered by defendant to support the contention that Whitaker shot first and missed J. E. and hit J. A. Gillis.
Other witnesses put up for defense were not eye witnesses and their testimony did not bear directly on the immediate difficulty.
J. L. Gillis, a brother of the defendant, identified the pistols of his father and brother, and also produced Whitaker’s pistol which J. E. Gillis had picked up off the ground after the deceased had fallen.
