Ware said he was shoved into the back seat, and that the Sheriff and Jack Minter drove him to Newton, each taking occasional swigs from a whiskey bottle. Ware then stated that the Sheriff told him to lean his elbows on the front seat and, when he did, was punched in the mouth by Johnson. He was ordered not to lean back in the car, not to let any of the blood dripping from the laceration over his eye fall on the seat.

The Sheriff put Ware in the front and took him to a place which he recalled having a lot of trees. Since his glasses had been knocked off, he couldn't at that time identify exactly where he was. (The jail has a clump of trees around it.) Ware said that the Sheriff asked him for his knife and and placed it in Ware's handcuffed hands. Ware recalled the Sheriff contacting the state troopers on his radio saying "There's a nigger coming at me with a knife, I'll have to shoot him." According to Ware, the voice on the radio responded "Go ahead."

The Sheriff then stepped back and shot Ware twice in the neck on the left side and once in his left shoulder and again grazing him across the chest. After that, Ware doesn't remem- took it, saying "This won't do." When the car pulled to a stop, the Sheriff took a long knife of about seven inches ber gaining consciousness for at least a day.

In rebuttal, the State put on an FBI agent who said he had taken a statement from Ware on July 6, 1961, while Ware was still in the hospital. In this statement Ware had sworn that he had drunk six cans of beer and had had a few swallows from a pint bottle of whiskey. This, taken in conjunction with a statement made a bare two hours after Ware had been admitted to the hospital on the 5th to an investigator from the Georgia Bureau of Investigation saying he had had only three cans of beer was intended to weaken Ware's credibility.

Then the defense put on Robert Lee Daniels, a Negro who had been arrested for "drunken driving" on the Fourth of July and had been in jail during the night when Charlie Ware had been shot. He reported he was awake at the time the shooting occurred and had seen the Sheriff put a knife into Charlie Ware's hand. He then said he saw the Sheriff step back into the shadow of the trees and cry "Hold it," and shoot; again "Hold it," another shot; again, "Hold it," a third shot.

Speaking back indignantly to the prosecutor's question of how he saw any shooting if the Sheriff was standing in the trees, Daniels retorted that you "can see flashes of fire from a slingshot." Also, he saw Charlie Ware twist in pain with each flash from the gun.

He then testified that the Sheriff pulled off in the car with another white man in it and a few seconds later saw the car return. The Sheriff came into his cell, Daniels pretended to sleep and the Sheriff shook him to awaken him. He told the Sheriff he didn't see anything. The Sheriff left with a final "you better not remember."

The State returned with two Negro witnesses who attempted to disprove Daniels' story by saying that he had been put in the back cell that night along with them. However, one of the witnesses admitted that he fell asleep immediately when he got into the cell, and the other, who works for ex-Sheriff Screws, admitted that he was too drunk. The effect of their testimony was nil.