Preliminary Hearing
Held in Court of Magistrate H.E. Erwin Monday…Charged With Murder of William J.
Fisher…Thomas Girls Appeared as Witnesses in Case…Tragedy Occurred 10 Days Ago
Clifford Fisher was bound to the December term of Superior
Court here Monday morning by Justice of the Peace H.E. Erwin who heard the
preliminary evidence charging him with the murder of Will J. Fisher. Fisher was
confined in the county jail upon failure to make the $20,000 bond required by
Justice Erwin.
T. Coleman Galloway and W.E. Breese appeared for the state
while Lewis P. Hamlin was the defense counsel.
Clifford Fisher charged with attacking Will J. Fisher Sunday
evening July 3 and mortally wounding him so that the died early Tuesday morning
July 5 as a result of the wounds inflicted by his relative, is the son of Mr.
and Mrs. Jack Fisher of Reids Siding and is 22 years of age.
Edwin Owen, star witness for the state, testified little
evidence other than that revealed in the coroner’s inquest held Tuesday July 5.
The witness declared that as he was passing the home of Ben Thomas, where the
tragedy occurred, about 7 o’clock Sunday evening on the way to church
accompanied by Misses Nettie and Ruth Thomas, he heard the commotion at the
house and paused in the road approximately 25 yards from the scene. He
testified that he saw Will Fisher stumble from the door after a shove or blow
delivered by Clifford Fisher and fall on his hands and knees at the foot of the
steps. The witness stated that Will Fisher started around the house and was
followed by Clifford Fisher, who knocked him down with a blunt instrument that
appeared to the witness to be either of wood or iron. He said that Clifford
picked his victim up from the ground and knocked him down a second time by a
blow with the instrument in the side of the head. The witness further declared
that Clifford hit Will three times with the rod, slung him two or three times
against a chimney, then stomped him and threw the apparently unconscious form
over a five or six-foot bank.
The witness then testified that Clifford followed the man to
the bottom of the bank and sitting astride the body told him to leave in 10
minutes or he, Clifford Fisher, would cut his throat.
Dr. G.B. Lynch, coroner, was the second witness and he
testified in regard to the physical condition of Will Fisher Monday July 4 when
he was receiving treatment at the Lyday Memorial Hospital. Dr. Lyinch declared
that Will Fisher had a cut under each eye, a fracture of the skull on the right
side of the head. He also had a bruise on the left side of the chest and a
fractured rib. Dr. Lynch testified that Fisher died as a result of the
fractured skull. He also said that the man had been bleeding from the nose,
mouth and ears.
Defense lawyer L.P. Hamlin asked the coroner if by any
chance could a man fall and receive such a wound as sustained by the victim of
the tragedy and Dr. Lynch replied in the affirmative.
Deputy Sheriff T.S. Wood, the third witness, testified that
he arrested Clifford Fisher Monday morning for his connection with the affair
and that at the time of the arrest Clifford said that he had hit will with his
fists while the next day he admitted hitting him three times with the iron rod
found in Ben Thomas’s yard. The rod found by Mr. Wood had a long grey hair
clinging to it and Will Fisher had grey hair.
Mr. Wood stated the Clifford Fisher explained the incident
to him by saying that Will Fisher was cursing and raising a disturbance in the
house of Ben Thomas and that Mrs. Thomas asked him, Clifford Fisher, to put
Will out of the house. Clifford told Mr. Wood that as he reached to grab Will
the latter reached for his breast as if to draw a pistol from his shirt and
thinking that he was armed he treated him more roughly that would have bene his
action otherwise. He said that as he knocked Will from the house he broke his
finger and in his anger picked up the pipe and used it in the attack.
Mrs. Ben Thomas, the fourth witness and at whose home the
tragedy occurred, testified that Clifford Fisher was her nephew and that both
he and Will Fisher had been visiting at her home Sunday, both apparently sober
and in good humor with each other. She said that she left home about 4 o’clock
Sunday afternoon leaving Will Fisher, who had been there since 9 o’clock, and
several others at the house working on an old car. As she left the group she
remarked to the men that she would not have any drinking around her house
because she did not want her boys in any trouble. The witness stated that she
returned home shortly afterwards and left again at 6 o’clock to pick berries
nearby, this time leaving only Will Fisher at the house. When she returned
after hearing a commotion at the house, she found Will Fisher lying in the yard
while Clifford Fisher was at the house. She further said that Will Fisher had
often visited her home and had always been courteous and respectful and that
she had not told Clifford or anyone else to take him out of the house.
Miss Nettie Thomas, the final witness, who was with Edward
Owen and her sister Miss Ruth Thomas and viewed the tragedy about 25 yards from
the house, corroborated the testimony of Edward Owen and added that she started
to go to the fight and do what she could to stop it but that her sister
persuaded her not to go. She said that they went to the nearest house, the home
of Alfred Owen, and told them of the incident immediately following the
argument.
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