HANDWRITTEN NOTES OF THE TRIAL:(Florida) State vs. Carrell
The state then proceeded to take the evidence introduced the following witnesses who bring sworn testified as follows:
State witnesses:
Willis Perry
_______ Martin
_______ Tolbart
_______ Bar (This was William W. Barrs of Nankin Brooks County Georgia, brother of Jim C. Barrs)
_______ Knight
_______ Hall
_______ CookJ. W. Perry sworn says I was at Ellisville at the ______ of Jno Barr on Nov. 24, 1872 about 2 hours by sun in afternoon. Plac Farnell came down to store and told me he thought there would be trouble at Barrs store. I went in at the back door - some trouble at the counter and when that got over I went back to my store. Charlie Carrell, Will Carrell, Dan Wingit, John Barr, Jim Barr. I Re that was in some trouble. It was about 1/2 hour before shooting took place. I don't recollect anything that was said. Dan Wingit started to strike me with stick. Bill Carrell told him not to do it. I went back to the store about 1/2 hour afterwards. Plack came to my store and told me to go back for there was going to be trouble - it was Jim Barrs store. I told him to go.
He said he had rather not go that Wingit didn't like him very much and might shoot him he thought I had better go and I went.
The back part of Barrs store was near the front of my store. The road that went from our store to their store had a curve in it and I went nearer way by path. I went in the back door and Jim Barrs and Bill Carrell had hold of each other and I ran right in. The house had a shed room and I went in at door of the shed room. Jim Barrs had Bill Carrell pushed up against a stove. When I got to the back door Jim Barr said damn your masonary... After that I don't rember what anyone said till the went out on piazza. Don't know as those are the exact words that Jim Barr said. As well as I remember there was Beaufort Carrell, Chas Carrell, D. Wingit and myself there.
Rack Carrell came out with pistol in hand and Jim Barr turned to him and says you damn little son of a bitch you try and shoot me? And, Beaufort Carrell said don't curse my bro for s of a b. Beau Carrell jerked out his knife and Jim Barr pulled out his pistol.
They may have had ___ out. I caught hold of Beau with right hand and Jim Barr with other and held them apart - while I was holding them a pistol fired off. Jim Barrs pistol. I jumped out in yard and fell. When I got up the men were shot. The first I noticed was Chas Carrell going towards our store and Jim Barr going N (North) on piazza. The house lay N and S and Jim Barr had his face toward house and when pistol went off I saw bullet in S (South) end of house in piazza plate. I think he was probably about 12 feet from where bullet went in plate of house. It was a derringer - it was a single barrel pistol - it shoots one time. I knew there was trouble between the men and I went there to stop it - when the pistol fired I knew I couldn't stop it and there was no use to endanger my life. I didn't see anything but what I knew to endanger my life - there was a gun passed from one hand to another but am not positive about - think Jim Barr handed it to Chas Carrell saw gun in Chas Carrell hand before shooting. He was outside the piazza before the shooting.
I don't remember seeing Chas Carrell before I took hold of Beaufort and Jim Barr. I had been there a half hour and 3 min and knew there was bad blood between em and thought someone was going to be hurt. John Barr (Jim Barrs younger brother) was in the door. I heard shots fired but they were so fast I couldn't distinguish, probably a doz guns and the blood was streaming down Jno Barrs side and I ran to him. I told him to let me cord his arm and he said no - no he was dead. I told him a could stop the blood and Bill Carrell said let me help you.
Willis stop the blood and Jno Barrs cursed him. Jno Barr said no you shot me with my pistol after I was wounded you damned coward or something to that effect. He says Plac a dead cock in the ___ by God and Plack told him no how are you shot. Chas Carrell shot me with a gun and Bill Carrell shot me 2 (also) with a pistol. I showed him where he was shot.
I think Jno Barrs was in the house before the other action. He was sitting on the counter, or standing on counter it was the last time I saw Jno Barr before I saw in standing in the door with blood running down his arm. I don't think Bill Carrell went out when Beau C. to Jim Barr was having trouble. I was between Beau and Jim Barr. My face was turned from house and did not see what was going on behind me.
X X XWitness makes diagram of it. Chas Carrell had a gun in hand when I saw him going (Barrs) store. Witness explains diagram to Jury a min(ute) or two.
It hadn't (been) a very short time after the difficulty had subsided in house till I went out on piazza. After I jumped from piazza I saw Chas Car running with a gun. Saw Bill Carrell by side. Bill Car said he didn't shoot him twice with pistol. (reply) When _ma(?) Jno Barr in room a man said Jim Barr wanted me Bill Carrell came to Lake City and went back. I didn't see B. Carrell do anything else after the shooting that day. I have no idea how many shoots were fired - about a doz - rapid succession. I don't know which was last gun fired in this difficulty. I think Bill Carrell was there when I first went there. I didn't have any trouble in stopping dif, (difference) no one aside me. They were all drinking Jim Barr was drinking a right smart. Jno Barr was sick. There had difficult that ___. They were quarreling. Jim Barr was in quarrel - Jno Barr was in room. Ain't positive if Jim Barr was in diff. (difficulty)? Present impression was (that) Bill Car. stopped Wingit from hitting me. I don't remember what time of day Bill Carrell got there that day. I saw 3 pis (pistols) immediately after shoot. Beaufort Carrell, Bill Carrell and the small pistol of Jim Barr. Bill Carrell had a big pis (pistol) - Jno Barr said it was his. Don't know what Bill Carrell did with pistol. Don't know whether any of em was discharged. I don't know Chas Carrell shot that day. I know where he was before and after shooting. Jno Barr remarked Bill Carrell shot him twice.
Question: Did you not use before Judge White in a Habus Corpus proceeding in this case at this last term this language about the time I saw Jno Barrs was wounded I went to him. Will Carrell said to me let me help you. Barr said to him "no you God damned coward you shot me twice after I was wounded."
I think he said "with my own pistol". Bill Carrell said, "I did not do it." Plack Farnell came up and Barr said "Plack a dead cock in the pit by God." To which question the state by its counsel objected. The court then and there made use of this remark in the presence of the Jury.
I don't think the present statement of the witness differs materially from the statement embodied in the question of counsels.
Answer: About the same as I have said here.
Question: Did you state before Judge Jno F. White in the habus corpus proceeding referred to that Jno Barr said to Plack Farnell that Bill Carrell shot him twice with his own pistol? Answer: Don't know whether I did or not. I am not positive. I don't remember that I swore before Judge White or not that Jim Barr held up his hands and showed him where he was shot.
Redirect:
At the time that Bill Carrell wanted to help me bind his (Jno Barrs) arm that Barr made remark. I think I put a hand on was not long. I think he had no coat. I think Bill Carrell was present at time of remark to Farnell. Don't remember if Bill Carrell made any reply to Barrs' remark. I caught hold of Barrs arm and saw it was shot all to pieces. Did not pull off his clothes saw wound of other Barr (Jim) shot in breast and shoulder. Jno Barr was shot in left armpit and hand.Dr. Peeler sworn says: I am a physician. I was called as a phy before his (Jno Barrs) death: 23-Nov-(18)72. He was shot in ___. I saw him about sundown. I saw Jno Barr. He was on bed in room in Jim Barrs' house...arm corded. Farnell had a stick in cord. Found bone in elbow was shevered shoulder to ________. They seemed to have gone through his arm gun shot wounds 5 or 6 and did not find any other except in right hand between forefing and thumb did not examine body or breast. Suppose those on hand and arm was all he had gun shot wounds. Next morn (morning) early I returned and found he was spitting blood. I knew it could not be from wound in shoulder and arm, the arm was amputated, clean clothing (put) upon him. No sign of hemmorage from arm. Next morning found wound in left side. I think (this wound) caused spitting blood - wound were (was) from direct in front - wound in side seemed to be side shot. Ball roughed em. Ball must have entered stomach from way he was spitting blood. Am satisfied Jno Barr died from those wounds - side wound was mortal. I was there when he died - know he died from those wounds - died 23 - Nov - (18)72.
Columbia County, State of Florida.
Robt Martin sworn says:
I was at Barrsville Nov 23-(18)72 in south part of this county known as Ellisville now. Mr. Jno and Jas (Jim) Barrs was shot that day - heard guns fire - I had seen Bill Carrell at my house previous to shooting. He said here that Jim Barr had cursed him for a damned thieving s of a b. He said it was right hard to take (but) said nothing farther. And (he) asked me what I though of it. He used no further words. I am certain that no other words were used.Question: Did Carrell not also say that he wouldn't take it?
Overruled! (Hearsay)
Question: Are you satisfied that you have stated all the words used by Carrell at that time? If not, what other (words) did he use. Ans(wer): I think he said I would not stand it. It was in the morning that the conversation took place. Shooting took place in mid afternoon. I was at Perry's store when shoot commenced. I went up where shooting took place saw Jno Barr ___. I saw B. Carrell there. He was in room where Jno Barr was in a shed room. I met Chas. Carrell as I was going there between 2 stores he had a shotgun - didn't see Bill Carrell have anything at time had a pis (pistol). Don't know where he got large pistol.
Question): Did Jno Barr make any remark as to Carrell shot him. Don't recollect whether Barr said Carrell shot him. Did not hear Jno Barr remark Bill Carrell shot him.
It was about 8 o'clock (AM) when Bill Carrell was at my house. Bill Carrell lived a little SW (southwest). Bill Carrell did not have to pass my house to go to Barrsville - by himself - (on) horseback. I got to Barrsville about 2 o'clock (PM) - did not see Bill Carrell when I got there. Got there 1-1/2 hour - hadn't seen any of Carrell(s) - any Bar(rs), D. Wingit, (and) Ike Hart - (I) don't know how he went or which direction he went to Barrs (general store). I live 2 miles from Carrell and 1-1/2 miles from (Jim) Barrs. My house wasn't on road to Barrs(ville). I know Shep Hodge. Shep Hodge lived a little NE of Barrsville. About 6 pm Carrell stayed at my house 1/2 hr. He got down and came in. I was making sugar - don't remember any other conversation with him. I think he told me something about a bl (barrel) of Fl (Flour) he bought from Jim Barrs and Jim Barr put it in cart and told him he'd have it to pay for it. He couldn't have it at that price he (Jim Barrs) said. Jno Barrs cursed him for a damed thieving s of a b and it was hard to take. I am certain he said so. I just said that Barr called him a thieving s of a b. Black did ask me if he did say it was right hard to take. I didn't recollect till Mr. Black refreshed my mind. I can recall it now independent of what has been said here.
J. W. Tolbart sworn (in) says:
I knew Jno Barrs in his lifetime. I saw him in last sickness. He was shot. I went to see him. I was sent for. He was lying on bed suffering from gun shot (shotgun) wounds and pistol (wounds). I was J of P (Justice of the Peace) at (that) time. I took a statement from him (Jno Barrs) as to how he rec'd wounds - he detailed to me how it occurred in state'mt (even though) he was suffering a good ___(deal) from (his) wounds. Best of my recollection he said he was satisfied he wouldn't get over these wounds - I tired to console him - he said there was no chance - con(?) - on Sat (Saturday) night - he died Mon (Monday) about 10 o'clock AM. I don't rembr (remember) any min (minutes) having pr- (previously) arrv'd (arrived) after dark (the) same day he was shot - I went in house as soon as I got there. I went into his presence (Jno Barrs). I took hold of his arm and held it and told him I had come in cop'y (company) of an officer & to make an inquiry as ____ wanted him to make a statement I don't recollect first words.I remained all night and next day - got there a little after dark. I had been there but little while before he said he was going to die. He went on to state he was not going to get over it. I tried to console him - I think that was all about dying he said when I first went to him. He (Jno Barrs) said he had been innocent of the murder - a set of damn cowards - it was to that effect - he appeared to have right smart strength - voice seemed strong - talk rationally & intelligently - Jno Barrs said he felt satisfied he was going to die. The first words I rember him saying was that he was innocently murdered by a set of damn cowards. I don't think I was minister of the gospel or exorter - there was an affidavit made by Mr. Jim Barrs. Don't know what had become of it. I have made diligent search (for) it. The affidavit (of Jim Barrs) was made in reference to shooting of Jno Barrs.
Dr. Peeler recalled: I was with him (Jno Barrs) from dark 'till midnight on Sat (Saturday) night. I was a minister of the gospel. He did not ask for prayer. I was with him Sunday and made (He) no request for prayer. I was with him 2 or 3 hrs. in the mor (morning) & and (another) 3 hrs. in aft. (afternoon). He died between 12 (noon) or 1 o'clock PM - the only remark he (Jno Barrs) made on the subject of dying was on Monday morning when he said "I'll be game (until) the last." I carried a minister there. He was the regular pastor.
Tolbart (says) - Mr. (Jno) Barr swore to the best of my memory (saying). I was in the back room (shed) of his (Jim Barrs) store preparing to take a shave - there had been some difficulty previous, which I thought was settled. I heard the fuss & shooting in front of (the) store. I went to the front door - just as I reached the front door I was shot by Charlie Carrell with a shotgun. He was standing on the ground in front of (Jim Barrs') store - I turned sorter around inside the store and was shot by Wm Carrell who was (standing) inside of (the) store. He (Wm Carrell) opened fire on me with (a) pistol. To (the) best of my recollection (he shot) twice. I had no arms about (on) me and did not shoot any.
I (Tolbart) issued a warrant for Bill Carrell and he was arrested. He made his escape after (being) arrested - Jno Barr died - on Monday about noon I went by - about 10 o'clock. I think I was below house & store when I heard he was dead - it was just about that time he, Carrell, made his escape after (the shooting) - I know where (Jim) Barrs store was - South Columbia County Florida - I am satisfied Plac Farnell was present when this statement was made. I don't recollect (Jno) Barrs said Carrell shot him with his own pistol. I think Barr told me he had a pis & it was lying on counter or shelf. I don't know when Bill Carrell (was) arrested under pres (present) pros - I had no formal trial when Bill Carrell (was) arrested by me. I don't recollect if he demanded a trial. I committed him to jail upon evidence of Jno Barr & told him if Judge would get him out on ha cor (Habus corpus)- he didn't demand an examination. I don't know if I have assisted in the prosecution - I have the kindest feeling for Mr. Carrell.
I recollect having met you on certain occasion & told you I didn't dispose to disclose my evidence 'till required by law. I refused to tell anyone what my testimony (is) 'till I went before Judge White. I did not tell Black ____! Bars. I never told anyone what the declares were - I think I told Judge White that Plack Farnell was there - I am certain he was there. I have talked with Mr. (Jim) Barrs about this case - I've never communicated to the defense counsel or any - I gave you (defense counsel) some insight - I've been with Mr. (Jim) Barrs, Black and Jud. Ashby a good ___ (and have) board (boarded) at (the) same hotel with Plack Farnell. Plack Farnell is dead. He died last August. I'm a farmer not a preacher - used to exhort a little - ____ - I was approached that concerning my evidence before Carrell was arrested last time was approached by Mr. Shipling (Sp?)
J. W. Perry recalled says - the store (James Barrs' general store) that (where) the shooting took place was in Columbia County Florida. (Jim) Barrs' dwelling was about 100 yards from his store.
James Knight sworn says - I did not know Jno Barrs in (his) lifetime. I know he was killed (shot) and died. I was at Ellisville (Barrsville) when he died. Bill Carrell was under arrest when (Jno) Barr died. (Jno) Barr died about 10 o'clock. They held an inquest and directly after that was over he (Carrell) made his escape. Beaufort Carrell was a juror on the inquest. He (Carrell) got on his mare (horse) and rode off. Beau brought her (Mare) to him or near him. Beau is cousin to Bill - was not present at court (that) (Sheriff) Tolbart held. I don't know when he held his court. Did not hold court before he (Jno Barrs) died - (I) don't know whether he held committal before inquest. Old man Crepp & Jack Small was guarding him (Carrell).
John Barr (Jim Barrs brother) sworn (in) says, I'm a bro (brother) to Jas (James/Jim) & cousin to Jno Barrs. I saw Jno Barrs in last illness. I was with him when he died. Barrsville was not his home. (Jno Barrs) was here (at Barrsville) on a visit from S. C. (South Carolina). He had been, I think, Mon or Tues before that - He made a statement to me Sunday night before he died. He said he was dying, vomiting blood phys. (doctor was) unable to stop it (the bleeding), hemmorage he said, as near as I recollect he told me he was dying. I told him, I hope not. He said he was bleeding to death internally. He gave me directions about his bus (business) his fa (father) his body. He made a statement as to ____. I reached Barrsville about 1/2 hour by sun. I inquired where the boys were. I was told they were in the house (Jim Barrs' house). I went in the room where Jno was first. He recognized me, spoke to me and said I'm killed - said he did not know anyone had anything against him. I told him I thought he'd recover - he said no he could not. I spoke to him in reference to his wounds. He called for his arm that was cut off. Showed me how he was shot and just at that time commenced vomiting. I left him then and went into the room where Jim (Barrs) was.
(I) went back into the room where Jno (Barrs) was in about 2 hours. As soon as I went into room he called me to him - says he, Jno, I'm dying can't this bleeding be stopped? I told him I could do nothing. He says, I have in Ex (exchange) at Gains (Gainesville) ($)100.00. I then asked him to tell me the circumstance of the shooting. He said he knew there was no chance for recovery & he told me to tell his father the circum (circumstances) & where he wanted to be buried.
He said there had been a fuss in the store between Jas (Jim) Barrs & the Carrell's - he thought it had been settled & he was fixing to shave when he heard shooting in front of (the) store. He said that (he) ran to (the) door & just as he got in the door he was shot by Chas. Carrell. He said he didn't fire but turned sorter & was then shot by Wm Carrell with his (Jno Barrs') own pistol - (I) asked him why he didn't have his pistol. He said it was lying on (a) shelf (in the store). That was all (Jno Barrs said) in reference to dying. I do not know why Jno Barr was out here, hadn't heard him say. Had been with him previous - so far as I know was just out on a visit.
State Rests
Defendant Witness:
Robt Martin says I was present went Bill C. was committed to jail & by Mr. Tolbart (Sheriff). I don't know whether he demanded a trial. He (Carrell) was brt (brought) up for a trail. He had a trial - on affidavits of Jno & Jim Barrs. That was all (the) testimony I recollect in (this) case. Mr. Talbart said from the evidence he had in his pocket, which was the affidavits (of Jno and Jim Barrs), he committed him (Carrell) to jail. And, Mr. Talbart said, "I am a Barrs man and a friend to the Barrs."
NOTES:
Notes are by Al Barrs, Jr., the Great-Great Grandson of James (Jim) C. Barrs and Martha Elizabeth Land/Barrs
© Copyrighted 2000-2005 by Al Barrs, Jr., Jackson County Florida.Updated and Revised October 15, 2005
All Rights Reserved
Map of Columbia County Florida
showing the town of Barrsville Florida
