South Carolina State Hospital . . . It is the opinion of the members of the medical staff of the South Carolina State Hospital, making the examination, that Thelma Streater is not insane but a mental defective having the mental age of the average child of eight years. . .
J. W. Bittle Sworn. . .Q. What position do you hold? A. Chief of Police. . . Q. If you don't mind, tell the jury what you know about this. A. Las t night Don Hill and myself were together and the Sheriff said there was some shooting up back to George Abner Davis' and we went on up there. His wife was there, this colored girl that did the shooting, and her mother. They came out to the car and talked to the Sheriff. We went on over to Streater's house. We drove into the yard; the door was about half way open, and you could see him lying in the door from his waist down. We got out and went on in and found that he was dead. He fell inside the door up against the table. , , , Q. Did you see a bottle in the house? A. Yes. Q. Tell the just wat that is. A. Canned heat. . . Q. But you wouldn't say whether or not they were drinking that day? A. I would say she was under the enfluence of whiskey or canned heat last night. . .
Thelma Williams Streater Sworn. . . He jumped on me about Ernest Jackson and I can show you the places on me now. He brought it up about Ernest Jackson coming here Saturday before last. I told him Ernest aint been in this house. He said "You is a damn liar; he did come in the house." I told him if he had come in here and caught Ernest here he could say Ernest was here, but Ernest did not come in this house. . . Q. You say that Quincy McCoy told you that Sylvester Streater was going with Ernest Jackson's wife? Had you ever seen Sylvester Streater with Ernest Jackson's wife? A. I went down there and caught him in the house fixing to eat breakfast. When I got there he was fully dressed. He had his shoes on loose and didn't have on his hat. He told me he had just come by there. He had on somebody's necktie. . . . Q. Tell the jury when you shot him. A. He drawed the pistol on me Saturday night, and that won't the first time he ever drawed it on me. Q. What he in be when you shot him? A. Yes. A. He grabbed the pistol last night when he was talking to me. Q. How did you get it away from him? A. He put it back under the pillow. Q. Then after you got the pistol, what did you do? A. I shot him and then run over to mama's . . . Q. He was drinking, wasn't he? A. He had been drinking before he come there, but be didn't drink anything after he go there. Q. Where you drinking anything? A. Yes. I fixed that and drank it myself. Q. How much of that had you dank? A. I had drunk a bottle full. Q. You were pretty well drunk? A. No, I wasn't drunk. Q. What is that? A. Canned heat. Q. Mixed with what? A. Water and dope. Q. When did you drink this? A. Last night. Q. You didn't drink anything yesterday evening? A. No. . . Q. Wasn't it true that he was asleep when you shot him? A. No, he wasn't asleep. . .Q. Why didn't you shoot him when he was slapping you instead of when he was lying flat in the bed? A. I couldn't get hold of the pistol. . . Q. Did you tell him before you shot him that you were going to kill him? A. Yes. He said he dint give a God damn if I did kill him. . . . I was kinda nervous when I drawed in on him . . . He was telling people I wouldn't never draw that pistol on him because I was scared. Q. When he saw you draw that gun on him, he didn't say a thing, just lay there and let you shot him? A. Yes. Q. And if he did care, you didn't? Q. No. . . Q. You intended to kill him? A. I looked at him before I pulled the gun. Q. But you pulled it just the same? A. Yes. . .