THE CRAIN TRIAL--THE GREAT MYSTERY OF DRAMA REVEALED!--THE OMNIPRESENCE OF THE DEFENDANTS.--A BATCH OF INTERESTIN EVIDENCE!
[Continued for last week]
H.W. JOHNSON testified as follows: My name is H.W. JOHNSON; I reside in Du Quion, which has been my home for 17 years; I am a mill Wright; I was at Crainville, Williamson county, in July last; I knew Wm. SPENCE, I went to Crainville the first of June, and was putting in mill machinery for Mr. LANDRUM; the mill was 300 yards or more from SPENCE's store; I remember SPENCE's death. I think about dark, after supper, (I boarded with Mr. LANDRUM) I went to the Crainville post office, and when I left the post office it was dark; I left the railroad west of Spence's store to shun a mud hole; when I got west of the store I heard something that attracted my attention, some one said I want to get some article of goods; I heard a reply that they should be waited on; the calling seemed to be by SPENCE's drug store or in that direction; when I got near my boarding house I heard the discharge of a double barreled gun, and i went about ten steps further and heard a single report; the first shot was undoubtedly a double barreled gun, the barrels pulled off simultaneously; I should think it was between 9 and 10 o'clock; it was a pretty dark, cloudy night; what attracted me attention when I stopped I don't remember, but when I had stopped I heard a voice "we want to get," and gathered from the reply they would be waited on; I suppose I was three hundred yards away when I heard the report; I don't think there was any lights burning when the shots were fired; it is nearly north from my boarding house to the store, in going up and down the railroad track; I saw the remains the next day before they were removed and after they were laid out; SPENCE's was a store house with a counter on each side; he was lying on the east side of the house, apparently as if he had fallen out of a chair; I wouldn't be positive if his head was against the end of the building; he had his pants on and his vest was unbuttoned; I think there was on shoe on one foot and a shoe lying in the middle of the floor; the glass in the door, on the side where he was laying, one light was broken out; the glass in the door are ten inches wide by fourteen inches long; one side light east of the door was broken out; Crainville is in Williamson county, Illinois.
JOHN DITMORE testified as follows: I live one half or three quarters of a mile from Carterville; last July I lived in Crainville, and worked at LANDRUM' s mill; I know Sam MUSICK; I have known him pretty near a year; I knew Mr. SPENCE; I heard of his death next morning, but I can't tell at exactly what hour, probably at 5 or 6 o'clock; I owned a heavy double barreled shot gun at the time; had had it about a year; the gun was not at my house the night SPENCE was killed; the night before SPENCE was killed, on Friday evening, just before dark, Sam MUSICK came there and wanted the gun, but I didn't let him have her; I told him that I never loaned her at night, but would let him have her in the morning; it was just good day light when I let him have her; he said he was going turkey hunting; there was a young man at my house that used the gun, and my boy would go with him; I was at home the night SPENCE was killed; I heard the reports of two guns that night; I suppose I lived nearly one hundred yards from the store- north of west from the store; I live south of the railroad; as well as I remember a few minutes after 9 the shots were fired; there was a lady at hour house that night, and just as I was getting ready to go to bed the shots were fired; I was not up to the store till Kirt BROWN came up and told me SPENCE was killed; he was laying close to the door, a double door with panels and top glass; the panels came down even with the lock; the distance from the floor to the lock is about three feet; the floor is about a foot from the natural elevation of the ground; I was not on the inquest but was present part of the time; the door had not been opened when I got there; I was not in the store till after the body had been moved; I didn't notice anything about the lights he had in the store; I was the third or fourth one to get there; we just went to the door and looked in and could see his feet, and by putting our heads in could see the body; there was a light on the left of the door, broken out, I got my gun back Saturday morning, eight days after the murder; found it in Jep CRAIN' s old grocery house, nobody told me it was there; I first stumbled on it; Jep owns, or did own, the property; I didn't go inside then, but could see through the windows; I don't know how the gun came there; both barrels were loaded and capped; I drawed the loads; it was loaded with shot larger than bird shot, I call them rabbit shot; the shot were all the same size.
THOS. DUNCAN testified as follows: I have lived in Williamson county all my life; I live four miles from Crainville. I have known the defendants as long as I have known anybody; I was acquainted with Mr. SPENCE, and heard of his death I heard Jep CRAIN say in February last that he and SPENCE had had a quarrel, and some one asked him why he did not hit him; that if he ever did hurt him he would kill him. This conversation was on a Sunday in February last; at Call WAGGONER' s house. I never heard him say anything else. He said SPENCE had ordered him out of his store.
MRS. CALL WAGGONER testified as follows: I live in Crain city, Williamson county, Illinois; I was born and raised in that county; I am the wife of Call WAGGONER;I will have lived in Crainville three years in March next; we went there to keep a boarding house, and are still in that business. I was acquainted with Wm. SPENCE; he boarder with us for about two years; he was boarding with me at the time of his death; Mr. SPENCE' s store was about three hundred yards from the house; Mr. SPENCE never slept at the store until about two weeks before he was killed; he said what was to be, and went there to sleep; I know the defendants; I went to school with Black Bill. George DUNCAN is my father; Big Jep CRAIN boarded with us about two years. I know the day Jep and SPENCE had a difficulty at the table in my house, it was on the 4th Sunday in February last. They were quarreling a good many times from October to February. I was not present at the difficulty in the store, but I heard Jep say at the breakfast table that he intended to go into the store and "naturally massacre" SPENCE if he did not take back what he had said. I don't know what the trouble was. Sam, Yellow Bill and Jep CRAIN came to the house, and Sam and Yellow Bill were develing Jep about SPENCE, and Jep said they might laugh about it now, but he intended to kill SPENCE when he could a little dark between him and SPENCE, and that he would kill him for five dollars. Jep said I won't take his slurs any longer. This conversation was on the fourth Sunday in February last. Jep left my on the 23d of April last. After that Jep made some remarks at my table and wanted me to turn SPENCE away, and I told him I could not do it. He the wanted me to put off supper late so that he could catch SPENCE between the house and the store; he said he would shoot him and LAUGH TO SEE HIM KICK. I told him I could not put off supper, and he then said he would not come in until 10 o'clock; I told him to let SPENCE alone, that he was not troubling any one. Jep said SPENCE felt himself letter than he was. I told Jep I was going to tell my husband what he had said, and he replied there was no use in it; he didn't mean any harm, and there was no use to tell about it. After leaving my house Jep never came about it again, and I have never had any conversation with him since; Mr. SPENCE went to his store for sleep only the Thursday night before the Saturday night on which he was killed. I saw Big Jep on Tuesday morning of that week. SPENCE told me on Wednesday morning that he was going back to the store to lodge.
WORTH TIPPY testified: I was born and raised in Williamson county. I knew Wm. SPENCE; I knew the defendant since I have known anybody. In February or March, me and Wash SISNEY and Black Bill were coming from Marion, and some one said lets go by Crainville and get some whiskey, when Black Bill said lets go by, "I was to whip SPENCE;" I think he was owing SPENCE some and he was cutting up about it. Bill said he would knock his d--d old Scotch head off his shoulders. I was a witness before the coroner's inquest, and said I had never threats. These are the only threats I ever heard. I never heard Jep. say anything.
WASHINGTON SISNEY testified: I am the son of Capt. SISNEY, who was killed at Carbondale; I know W.J. CRAIN, "Black Bill;" I knew Mr. SPENCE; I heard Black Bill say, as we were coming from Marion, that he owed SPENCE some and he was making a fuss about it, and if he made much more fuss about it he would knock his head off his shoulders; this was in February, near Bainbridge, on the way from Marion, and was considerably out of my way to go to Crainville from where I was then living. I never heard any other threats.
MARTIN DAVIS testified: I have lived in Williamson county, in this State, for twenty years, and was there last August; I was not personally acquainted with MR. SPENCE; I heard of his death about 9 o'clock the next morning after the killing; I know the defendants-have been acquainted with Jep a good many years, and have seen Black Bill, but am not well acquainted with him. I was in Marion the morning MUSICK was put in jail there, but can't tell the exact date. I think it was sometime about the first of September. Shortly after, probably the 13th, Mr. HARTWELL, Mr. FULLER, and Mr. HENDRICKSON and I went out some ten miles west of town to the widow HAMPTON's farm. At the west end of the farm we found a lane, but it was so small we did not drive the team through it. Mr. HARTWELL, HENDRICKSON, and Mr. FULLER went down the lane, and shortly MR. HARTWELL called and I went down. We found a lot of weeds broken off, and others bent over, I picked up some hazel bushes and went and compared with the stumps and they fit exactly. From their appearance I would judge the weeds had been broken off a month. From the description given us the place was not hard to find; is was a desolate looking place, and there was not much travel that way; I found one bunch, about a handful, consisting of weeds and hazel brush, thrown on the ground in the road. I was along when Black Bill was arrested. He was arrested before we made the trip to the place where the weeds were broken. Sheriff NORRIS, Mr. GRIDER, Mr. CALVERT and myself, made the arrest. It was at night, about 11 o'clock, and about two miles from the place where the weeds were broken; Bill was arrested at his house in bed, by Sheriff NORRIS and Mr. CALVERT. Bill said in a jesting and laughing way that he and Big Jep would make a jail full themselves. When Bill got his clothes on we went to Crainville and then Carterville, but did not go to Marion that night. We staid at Cranville all night. I had a double barreled shot gun; I don't know anything about his saying he would get away if I didn't have a shot gun; he said in a laughing manner that when he got to the hollow he had a good horse, and he was going to leave us; I told him I had a good shot gun with sixteen slugs in each barrel, and they would follow him. This was the evening after MUSICK was put in jail in Marion.
At 5 o'clock court adjourned.
WILLIAM HENDRICKSON testified as follows: I live in Marion, Williamson county; I was born and raised there; was there last August and September; was not personally acquainted with SPENCE; I knew him when i saw him; I think it was about the 10th of September when MUSICK was brought there; I was one of a party that made a search for the broken weeds and bushes; Mr. HARTWELL, county attorney, Mr. FULLER and Mr. DAVIS were with me; we went to the northwest coroner of Mrs. HAMPTON' s field; we went along the south side of the farm till we struck a lane, and went down that lane one-fourth of a mile till we struck the coroner of Mrs. HAMPTON' s field; it was a dark, out of the way place; there may have been some wagons went down the lane, but it was not traveled much; there was a kind of a hill to the right and then to the left was another knoll; it is a quarter of a mile from any house; we found some hazel bushes and some weeds broken off and laid along the road; some of the weeds were broken over, but not clear off; some of the hazel bushes were broken off and laid on --- side of the road; (here a lot of weeds and bushes were produced by Mr. HENDRICKSON.) These were found in different places; this was the bunch (producing some hazel bushes) that was found on the east of the road; these are the weeds that were broken over (producing another bunch) the broken weeds that were bent over were on the east side of the road; I was raised on a farm in Williamson county, and I think from the appearance of the weeds they were broke two months; the sun would shine on them a part of the time; I had never heard any statement before about these things; going to the place along the lane we found some weeds broken off but were not satisfied until we got where these weeds were found; I think this was Monday afternoon, Sept. 13, last.
L.C. FULLER testified as follows: I live in Marion, Williamson county; I am the City Marshall; was there last September, and remember MUSICK being brought there and put in jail; I think it was Friday the 10th of September; me and MR. HARTWELL went to a place-the widow HAMPTON's. At the south end of the field we got out of the hack and went on to the northwest corner of the lane; it did not look like a public road, or was much traveled; we found some weeds broken right at the corner of the field, there was a lane at the north of the field, thought east; (witness made a diagram explaining the locality where the weeds were found); the weeds were broken off and laid down at the side of the road; there was some bushes with them, and some weeds were bent over; the handful was right at the side of the road; we took up the tops pf the bushes and compared them with the stumps. Stock could not have broken these weeds. I would not say for certain but would think the weeds and bushes might have been broken for a month. We found some near the fence and others eight or ten steps from the fence on the west side of the road. This search was made I think on Monday afternoon MUSICK was put in jail. I heard no statements where these weeds would be found only from Mr. HARTWELL. I think the nearest house to this place was between a quarter and a half mile away.
JAMES W. LANDRUM testified as follows: I have resided in Crainville, Williamson county since 1868, and I am acquainted with the defendants; I became acquainted with Black Bill in 1866, perhaps, and have known Jep since the year 1860. I was well acquainted with William SPENCE, and know where the assassination occurred; as I remember on the night of the 31st of July between 9 and 10 o'clock, I heard the report of a gun and got out of bed and went to the door to see if I could hear any excitement, but I could hear none. The report seemed to be a very heavy, dull report. My house was about two hundred and fifty or three hundred yards from SPENCE' s store in a nearly due north direction. I saw Mr. SPENCE early in the morning, about sun up. He was laying close to the door of his store room, as I remember back against the counter or a box, with one slipper on and the other off; I saw a bloody spot and a hole as if the ball had gone in the right eye, and came out near the ear. I did not make an examination of the body; examined the front part of the house and through the store, and found quite a tumbling of valises, trunks and paper cases. All these things seemed to have been opened as if there had been a search. I did not find any other wounds on the body, only those made by the shot. The store was what might be called a glass front; the first pane of glass nearest where MR. SPENCE lay was entirely out. The glass in the door were smaller than on the side of the house; where the large pane was knocked out there was evidence of some one having crawled through into the store; that was the condition of the store early in the morning; I did not examine the stomach and breast of Mr. SPENCE after he was shot; SPENCE had a store and done a general neighborhood furnishing business; I was in the saw mill business and putting up a flouring mill; I was told of the death of SPENCE early in the morning by Mr. William CRAIN, "Yellow Bill;" I went on up as soon as I could get on my boots; the doors of the store were not opened; there was some people there; there was no other business relations between us than this; I deposited my money with Mr. SPENCE, and when I bought a load of cotton I would give an order and he would pay it; I am pretty well satisfied he had only a small amount of money at that time; there was no expectation of his receiving money just at that time; I deposited my money with Mr. SPENCE and payed my hands through him; I was expecting $5,000 at that time, and told my hands that fact; I had put off some that I was owing and told them about it; Judge LEMMA, of Carbondale, was to get the money for me and came down on the Friday previous and stayed at my house, and then went to SPENCE's store and stayed till the train come, and went home; that is a very independent railroad and not very regular; it's time was about 10 o'clock but it varied sometimes three fourths of an hour; the Saturday in the forenoon I was at home and after breakfast went over to my farm, about 4 miles; from my place Mrs. HAMPTON's is near due east; I have several hundred acres of land; I passed within about one half of a mile of the place spoken of, where the meeting was to be held; I would suppose it was 8 or 9 o'clock when I passed this place; I was riding; when I was passing, going to my farm, at the end of the lane. I was due north to the place; before I got to my place I heard a gun, and before I got to my farm I heard another; the sounds were in the direction of the widow HAMPTON' s from me, but it was a distinct sound; I saw a pocket-book in the hands of one Hill and examined it; knew it was SPENCE's hand writing in it; I saw it as they came into the crowed around the store; I knew Jep staid with his brother Marshall, within 200 yards of my house; Marshall lived between 50 and 200 yards of MUSICK; I don't know how long he staid about there; when he came back from the north I saw him once or twice passing back and forth; don't remember of seeing him that Sunday or the next day, Monday; don't remember the day SPENCE was buried, but it was Tuesday or Wednesday; on Saturday I staid on my farm till pretty late in the evening; persons had told me my cattle were breaking into people's fields and that is what attracted my attention when I heard the shooting; saw Black Bill that evening as I was going around my farm; was going angling south, and met him coming up the hill; thought he was a little excited; he said he was going down to Warren CRAIN' s to get his nag; he was walking; this was something near one o'clock.
At the conclusion of Mr. LANDRUM' s testimony, the prosecution closed their case; and the evidence for the defense was heard. Something over twenty witnesses were examined during the day and it is probable as many more will be called before the case is closed. The first witness for the defense is
HENRY BOWLES, who testified as follows: I heard of the killing of Mr. SPENCE, and suppose he was killed on Saturday night, the last of the month; I was in Marion the Friday before the Saturday on which SPENCE was killed; I knew Jep for twenty or twenty five years. I saw him in Marion on that Friday. The sun was probably an hour high when I saw him; I did not see him on Thursday. I don't know anything about the trains on that day. Old man WARD was in town that day and we went out together. I was detained while WARD was finishing up a fame of cards with CRAIN and others. I had not watch and am only guessing at the time.