Q.  Can  you  form  any  idea  of  how  many  licks  had  been  given
him,  from  the  character  of  the  wounds  on  his  back,  and  from  •
what  you  witnessed  ?  A.  This  man  I  never  saw — they  had
beaten  him  before  I  got  up  to  the  cottage.  I  don't  suppose  he
was  whipped  at  all.  He  had  been  beaten  with  sticks  or  some-
thing ;  they  did  not  whip  him  with  hickories  at  all.
Q.  You  say  he  was  very  badly  beaten  ?  A.  Very  badly
beaten.  His  head  was  cut  very  badly,  and  he  was  bleeding  all
over  his  face.  The  other  man — I  suppose  they  struck  him
fifteen  or  twenty  licks,  as  well  as  I  could  judge.
Q.  You  gay  on  his  bare  back  ?     A.  Yes,  sir.
Q.  I  understood  you  to  say  you  heard  this  disguised  crowd
say  that  they  intendeJ  to  shoot  you  ?     A.  Intend  to  kill  me.
Q.  Will  you  state  wh}'^  you  did  not  make  yourself  known  to
the  crowd  ?


TKIAL    OF    \VILLIA3I    W.    IIOLDEN.  1171

Mr.  GKAHAM.     Let  liim  state  only  what  occurred.     His
reasoning  on  the  subject  is  a  matter  of  no  importance.
By  the  Chief  Justice.
Q.  You  had  your  gun  there,  standing  off  from  the  crowd  in
the  dark  ?     A.  Yes,  sir.
Q.  Thirty  or  forty  yards?  A.  Yes,  sir — forty  or  fifty
yards.
Q.  You  did  not  go  up  to  them  ?     A.  No  sir.
Q.  Nor  make  yourself  known  ?     A.  No,  sir.
The  CHIEF  JUSTICE.  I  do  not  think  it  is  competent.
It  is  a  mere  matter  of  inference.
Mr.  McCOEKLE.     We  do  not  press  it  at  all.
