LITTLE
J.
The
plaintiff in error was jointly indicted with Lucius Goodwin,
Gene Hamilton, and Ike Sanders with the offense of riot by
the grand jury of Bartow county. It is alleged in the bill of
indictment that persons named did, in a violent and
tumultuous manner, gather and assemble together, and, being
so assembled, in a violent and tumultuous manner did do an
unlawful act of violence, by cursing, and urging John Dixon,
Jr., to shoot Cliff Johnson, and preventing a gun from being
taken from John Dixon, Jr., who was threatening to shoot the
said Cliff Johnson, and did otherwise act in a violent and
tumultuous manner. The state placed the plaintiff in error on
trial, and on arraignment, he pleaded not guilty. The
evidence, briefly stated, is as follows:
Cliff
Johnson testified: "That in the month of April there was
a disturbance in Kingston,
in front of the storehouse of Hill, which was the furthest
store on the east side of town. A number of negroes and white
people assembled on the sidewalk and street in front of the
store. There was loud and boisterous talking and some
cursing. Heard Lucius Goodwin say he 'would kill the God
damn rascal if he done him that way.' I heard Gene
Hamilton say, 'If it had been me, I would do him up.'
I heard John Dixon, Sr., say, 'Anybody who would strike
my son had better first step into hell.' Do not remember
anything else that was said. The first time I saw John Dixon,
Jr., that night, Reynolds, Nance, and myself were together
near Griffin's store, just west of Hill's store, and
on the same side of the street. Dixon, Jr., passed us. We
went on behind him as far as Hill's store. There Reynolds
and Nance stopped. Dixon was about forty feet beyond. I
called him to stop, and went to where he was. In a few
moments I returned, and went into Hill's store. Soon
after I went in, Dixon, Jr., came to the front door with a
gun and attempted to enter. He was by himself, and Davidson,
a negro, who was at the front of the store, prevented him
from going in, and took him down towards the store of
Griffin." The witness, in company with Reynolds, then
went into the back room of Hill's store, and remained
until the fuss was over. While in the back room, a
considerable crowd of people assembled in front of the store.
It was then witness heard the loud talking and threats to
which he testified. Witness further stated: "I do not
know that any one of the persons at the front of the store
made any attempt to enter the store, or that any of them did
any act other than talking," as he stated. He recognized
the men who did the talking by their voices.
Ed.
Bruce testified: "Remembers the disturbance in the month
of April last. Before the difficulty Hill and myself were
sitting on the steps of the former's store. While there,
Dixon, Jr., passed along going towards Sanders' shop. A
short time after, Johnson, Reynolds, and Nance came by,
following him. The two latter stopped in front of the store.
Johnson called to Dixon to stop, and walked towards him.
Witness then heard noise, as if licks were struck. Johnson
had a stick in his hand when he passed. He returned in a few
minutes, and walked into Hill's store. A little while
after that John Dixon, Jr., ran by the store, and up an
alley, crying. In a few minutes the accused came along,
following his son, and went towards Griffin's store,
calling his son. In a very short time Dixon, Jr., came to the
store with a gun, and started to enter it, saying, 'Where
is he?' Another negro, by the name of Davidson, was
standing at the front door when Dixon, Jr., came up, and took
hold of him, prevented him from entering the store, and took
him down the sidewalk towards Griffin's store; and very
soon a crowd assembled in front of Griffin's store. Then
the crowd of negroes and white people came up in front of
Hill's store, numbering 10 or 15. Among these, I
recognized Dixon, Jr., Dixon, Sr., Lucius Goodwin, Gene
Hamilton, and Ike Sanders. I heard the accused say, 'Why
didn't he hit me? He is mad with me. Why did he jump on
my son?' I heard Hamilton say, 'If he had done me
that way, I would do him up.' I heard Lucius Goodwin say,
'If he had done me that way, I would have killed the damn
rascal.' Does not recollect to have heard any of the
others say anything. None of them made any effort whatever to
enter the storehouse of Hill. Johnson at that time was in the
back room of Hill's store with Reynolds. Hill came to the
front door of his store, and said to the crowd that none of
them were coming in there to have any fuss, and the crowd
immediately dispersed. Hamilton had a knife in his hand,
whittling, when I saw him. I saw no act of any of the parties
other than as stated. None of them made any effort to go into
the store. While Johnson was in the store he was scared; was
white and trembling."
Hill,
sworn for the state, testified: "Remembers the
difficulty in Kingston last April. Bruce and myself were
sitting on the step of my store when Dixon, Jr., passed by,
about dark, going towards Sanders' shoe shop. Soon after
he passed, Johnson, Reynolds, and Nance came up following
him. Nance and Reynolds stopped. Johnson called to Dixon to
stop, and went on eastward. I heard a noise as if licks were
struck where Johnson and Dixon were. Immediately Johnson came
back, and walked into the store. About that time was called
into the store to wait on a customer; and soon after, John
Dixon, Jr., came to the front door with a gun, by himself,
and started to go into the store. Davidson took hold of him,
and prevented him from coming in, and took Dixon off towards
Griffin's store. Soon afterwards a crowd assembled in
front of the store, and there was some loud talking. I went
out on the porch, and told them I wanted no difficulty there,
and none of them could enter my store; and while there I saw
Dixon, Jr., the accused, Gene Hamilton, Goodwin, and Sanders.
Hamilton had a knife in his hand, whittling. None of them
made any effort to come into the store, and all went off when
I told them I wanted no trouble at my store. They went, as I
thought, in the direction of Griffin's store. John Dixon,
Sr., was in the crowd, and I said, 'Stand back, you are
not coming in here.' They were mad, and there was
considerable excitement."
Will
Bruce, sworn, testified: "I remember the difficulty. I
was at my place of business, west of Griffin's store,
when I heard a noise, and came out, and walked to the front
of Griffin's store, where there was a considerable crowd,
white and colored. Dixon, Jr., was in the crowd, and had a
gun. His mother was there, and a negro by the name of
Sanders. It was my purpose to take the
gun from the boy, and Sanders said: 'If we want the gun
taken away from him, we can take it. There is enough of us
here to do it.' I then said, 'Take it,' and
immediately Sanders took the gun away from the boy. Then
Sanders, the boy, and his mother went off in the direction of
Sanders' shop. I went to Hill's store, and saw a
number of people in front of the store, who were then
scattering. There I met the accused, and he and I walked on
together towards the depot. The accused and his son were
employed at the W. & A. R. R. depot."
Nance
testified that Reynolds, Johnson, and himself were together
and Dixon passed, and, while witness and Reynolds stopped at
Hill's store, Johnson called Dixon to stop, and went to
where he was. Heard a noise, as if some one was striking, and
heard Dixon crying; that Johnson returned to Hill's
store, and went in. He further testified: "I went into
the store, and remained near the porch. Very soon I heard the...
