State of South Carolina, Kershaw District
Before me personally appeared John Love Junior who being first duly sworn on oath says that on Tuesday May the 31st ultimo deponent by the invitation and request of James Cliburn, son of William Cliburn, went to the house of the latter to assist him in gathering a crop of wheat, that he met there a good many of the neighbors assembled for the same purpose and among them W. F. Hunter. That after reaping, in the afternoon, the party all assembled at the house of Wm. Cliburn, when some of the persons engaged in dancing, and some remained at the supper table, among whom were deponent and Jesse Cliburn and Wm. F. Hunter. Deponent made some remark about one William R. Johnston, which offended Jesse Cliburn. Johnston was not present. Deponent, Jesse Cliburn, and Hunter left the table while discussing the remark made by deponent about Johnston and entered the front piazza of Wm. Cliburn's house. Deponent went first and the others, Hunter and Jesse Cliburn, followed him. Cliburn (Jesse) then cursed deponent and deponent returned it, using about the same language employed by Jesse Cliburn, but told Cliburn that he deponent had not meant any offence to him (Cliburn) by what he had said about Johnston. Deponent then went out of the first gate, intending to go home, but stopped and waited for a negro whom deponent had sent to Mrs. E. Lill's[?] for a cradle to cut wheat at deponent's on the next day. While deponent was so waiting, Jesse Cliburn and Hunter came out and the former at once renewed the talk about what deponent had said of Johnston. Deponent again said he had meant no offence to anyone by the remark. Hunter then came in front of Cliburn and grabbed deponent by the shoulder, taking in his hand as much of deponent's flesh as he could well hold, and holding so tightly as to leave a soreness in the flesh for three or four days after. At the same moment Hunter said to deponent, "come and walk with me a piece," and pulled deponent towards the road; deponent held back unwilling to go. Hunter was so violent, deponent concluded it would be better to go with him to pacify him. Deponent remonstrated with Hunter for pinching him so, but Hunter neither replied nor ceased to pinch deponent. When they had gone about fifteen steps into the woods on the side ide of the road opposite to and in front of the house, Hunter said, very angrily, "Damn you, you are such a coward, you would have fought Cliburn," Deponent said, "I think Cliburn has drunk too much. I wouldn't notice him. I don't make a practice of fighting." They were going on all this while getting deeper intot eh woods. After a little time had elapsed, Hunter said, "Damn you, I intend to whip you if Cliburn wouldn't." Deponent said, "[?] I have nothing against you. I don't know why you want to whip me." At this moment Hunter stopped and let deponent go, and deponent turned round to go back to the house, but as soon as deponent turned, Hunter struck deponent under the left eye on the cheek, and knocked deponent down. Deponent rose to his knees, when Hunter struck deponent again, nearly in the same spot and felled deponent to the eart again. Hunter then got on deponent and butted him three or four times in the face and on the side of the head. Then Hunter struck deponent several times with his fist in the face, and then gouged deponent in both eyes at the same instant. Deponent begged Hunter to let him up while Hunter was butting him, and told him he was not able to fight him. Hunter paid no attention to deponent's cries. Witness cried out four times begging Hunter to desist while the gouging was going one, but without any effect. Deponent though he would lose his eyes and perhaps his life if Hunter continued. Deponent had the use of only one of his hands, the right. Hunter had his knee on the other. Deponent felt his knife under his thigh on the right breeches pocket, got it out, opened it against the ground, and with it struck Hunter once. Hunter still kept his fingers in deponent's eyes, and said "Damn your knife, I don't care for it. I'll have your eye-balls." Deponent not being able to see at all supposed from his blow not producing any effect on Hunter that he had only cut Hunter's clothes, and struck a second and third time with the knife. Hunter then took his fingers out of deponent's eyes and deponent rose to his feet, and the first thing he saw was James Cliburn in front of deponent demanding the knife, which deponent immediately surrendered and went back to the house with James Cliburn. John Love Jun'r.