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were assigned (Messrs Foster & Jordan of this city) and the Jury selected and sworn in compliance with the laws of the State

The testimony of the State went to show that Long was Marshal and assisting in a celebration on the day - That he rode a gray horse. - During the riot he seemed to be trying to protect the man Whithurst, from the violence of the mob, by taking him between himself and another man on horseback and leading him towards his home - That Long was heard to say "dont shoot him, dont shoot him" if you do I will shoot you"  After which a man on foot came up in the rear and shot Whithurst while the two horsemen were assisting him towards his house - After he was shot the two horsemen turned him over to two footmen who assisted him to his house where he died.  One of the witnesses (a Policeman) testified that one of the horsemen said to him when he attempted to assist Whithurst "d-m him we will take care of him" - & he thought it was Long who said this but was not positive, was not certain it was Long on horseback.  One testified that he had known Long intimately for twelve years and should know him anywhere, but did not recognize him as being one of the horsemen

Two testified that they saw a man on foot shoot Whithurst from the rear.  They were positive