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THE NATIONAL REPUBLICAN.
VOL. I.
National Republican
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srNDiY MORNftTB September 13, 1««8
mliuu-ffl case
TESTIMOX YAS COPIEDFIUPI
THE ORIGINAL RECORDS,
By Col. HL D. D. TWIGGB,
One of the Counsel for the Defence.
[testimony continuxd.]
m’gregob sworn.
1 was at Red’s house immediately after he
■was brought; 1 remained with him all the
time, except a few hours—was there a lew
moments before Bolder reached there. Red
appeared in perfect possession of his mental
faculties; he recognized every one, and
spoke to them as they came io, who spoke
to him; he was in great pain, and com
plained. Mr. King was there a great while
—for one hour and a quarter ; while present
Mr. Bohler proposed to take down in writing
the dying declaration ol Red ; he asked Mr,
Red if he was aware of his condition ; he
said that he knew that there was no chance
of his recovery ; ho desired to take down his
statement; said that those present were his
friends ; that he wanted a statement with
regard to the shooting difficulty. His
reply in effect was, that he was in a great
deal of pain, and that he could not enter
in auy elaborate statement of the affair, and
then he commenced in broken though dis
tinct sentences these words, as near as I can
recollect them: “I was trying to keep
down a row ; I had no idea of creatin'* or
raising a difficulty, or of shooting - ’; said he
was shot twice, and that he either was shot
or knocked down ; am not positive as to
which; 1 did not distinctly hear the words,
as some one called my attention nt that
time; the question was asked who shot him,
“They, Evans and the other one. - ’ There
he paused for a couple of seconds, and at
tire time complained of more pain. To the
question who shot him, be replied Evans and
billon; they shot me twice; while on the
ground Evans exclaimed, we have got him ;
let’s kill the son of a bitch ; said Dillon then
shot him ; said be look the pistol out of my
hand. The question was then asked Red if
■he (Dillon) shot him with his (Red’s) pistol;
replied, he shot me with another pistol here,
pointing to a wound in his chest. I only
shot once; had no 4l jdea of raising a row;
was trying to keep C, peace. He then told
in that he was in a great deal of pain, and
not to bother him any more. 1 was absent
for a few moments the next day after iee ;
the next day was with him till the time while
in the house ; left him again about half-past
two or three o’clock, and never saw him any
more until he died ; he died at 7 o’clock; I
left him at 7 or 71 o’clock, only for a few
moments, for ice ; came down again to the
office about two o’clock; I was regularly at
tending him; there were also Drs. Ford,
Hatton, and Bignon ; Col. Twiggs remained
with him some time ; his (Red’s) wife was
there, and a great many others: don’t re
member them; when I was not there Mr.
Hays was. Red appeared to know that
there was no chance for recovery; hq said so.
There was some conversation between Dr.
Ford and Red; do not know what was
said; he requested Dr. Ford to tell him
of his condition; told me he said there
was no possibility ot his recovery; he
said nothing more than I expected; his
declarations were mixed with oaths. I
mean that Mr. Red in his common conver
sation with auy one frequently used oaths.
Some men are not solemnized when dying ;
1 saw nothing ; I saw nothing that he was
not; he expressed a willingness to die; at one
time he said he was ready and willing to die;
was satisfied as to his condition ; he had no
objection to a minister’s coming as he was
prepared to die ; I interfered as to one be
ing sent for, to some extent; would have
had one sent him if he bad expressly re
quested; I had so much to attend to that
I could not give a great deal of attcnlion ;
have some feeling of friendship for Red’s
family; am not unfriendly to Dillon and
Evans, on the contrary, Mr. Evans, Dillon and
myself have always been intimate friends ;
I was in Hatton's office when Red’s wife
came in ; his wife desired to go and see him;
requested me to get some one to carry him
home ; I requested Mrs. R. not to go and
see him : she afterwards approached the
couch where he was lying. I was not
present when Dr. Ford was talking ; Col.
Twiggs was with him some time; I did not
hear his wife speak to him ; he used such
oaths as G d d n sight of pain,
G——d d nit don't bother me; you are
throwing away time with me; I ahi certain
that I am not going to live; he was not cursing
all the time, but off and on all the time up to
eight or nine in the morning, when he did
not curse much, used very few; declarations
were taken about 12 o’clock, as near as I can
judge: at 8 o’clock, Mr. Red was in a col
lapsed condition; Mr. Bohler, John King,
Wm. Hays, Win Hackell (not positive, think
he was) were in the room; Mr. Hackell was
in the room; Mr. Brown may have been, 1
can not say positively whether he was pres
ent when I spoke to Col. Twiggs. 1 don’t
know anything that occurred between Cot.
Twiggs aud Red, nothing positive. Red was
satisfied as to his condition; I don’t wish
any views contrary to those entertained; my
intercourse with Mr. Red load me to believe
him to be an uidrerMliut, if he thought a man
was honest with him, and be with him, there
it was ended. 1 liclieve he had a fear of
God ?. he did not say after he was on his bed.
that he neither feared God or the Devil;
never heard him say that, that I recollect of;
1 was not present when Mr. King’s testimony
was taken; I came in as it was being read
over to him. Mr. Rod’s character was one of
violence, is known by the public as sueh; is
a violent man when aroused; he has licen
known to use weapons; he ft known as a
reckless and a dangerous man. When i
state that Mh Red’s character is that of a
violent and dangerous man, 1 do not mean
that he would take advantage of a man in a
fight; 1 was accqukintetl with the character
of Red for truth and voracity. it is good, 1
never heard it doubted; 1 would have be
lieved him on oath in a court of justice; 1
am intimate with the family.
By consent of Counsel, the following
evidence of A. Phillips, (who w absent
sick) and which evidence was taken at the
Coroners inquest, was put upon the record.
EVIDENCE OF A. PHILLIPS—UEb’ORE THE
CORONER.
A noise outside attracted my attention,
when 1 wont out, Mr. Picquet and Dillon
were in conversation. Picquet said to Dillon,
“this is not the first he you have told on me,
and that 1 proved you to be a liar once, and
1 now pronounce you a d—d liar; Dillon
then went off and called for all the police
men to be brought there, and then made up
to Lewis Picquet, when I stepped in and
Dillon’s pistol went off and shot me in the
left, aud came out at the right nipple. There
was several pistols tired immediately after
wards; 1 saw the pistol in Dillon’s baud;
Evans then commenced beating me on the
head with the butt of his pistol, knocking me
down, and he-struck me after 1 was down;
while I was down I saw Dillon lire twice at
Red; Red was down before 1 wus; 1 was in
some ten feet of Dillon.when he tired at lied;
Red said there is no use butchering me, 1 am
already murdered; Red was trying to pre
serve order, and showed no disposition to
quarrel. The police appeared to be doing all
the shooting; I did not sec any citizen lire,
and do not think that any had a pistol but
Red, aud he had a single-barrelled derringer;
I had on only my shirt mid pantaloons; lam
a Magistrate, and as such, it is my duty to
preserve the peace, aud went out to try and
quiet the crowd; 1 think I heard Lewis
Picquet say he was going off, and I think I
heard several others say the same. The
crowd was a little noisy, but not quarrelsome,
talking rather loudly, but in good nature;
it was about V o’clock p. m., and no such
noise as would prevent persons from sleep
ing in the vicinity; Mr. Dillon said that they
must and should be arrested if it took all the
police in town, a portion of the party had
got in the carriage, and 1 don’t think there
would have been any difficulty if the police
had not come up; I heard Ploquet tell Dillon
that he was unarmed, and that he might as
well attack a wooden man as him; 1 am very
positive tliat Dillon fired the first shot; 1
heard no threats of violence towards the
police force; I believe that Dillon’s intention
Was to lire at Picquet, because he was ma
king towards him; no unpleasant words had
passed between me and the police, had no
conversation with them; 1 had no weapons
of any kind whatever.
LEWIS PICQUET SWORN.
1 was present at the affair on the 27 th of
July of thia year, in this county and State;
I reduced the affair to writing which I have
with me; could not state more particularly
from memorandum; I was standing on the
corner of Broad and Jackson streets, on 27th
of .1 uly, in conversation with two or three
friends; one asked me to go to Schneider’s
and take a drink with him; Mr. Bones was
the party, and on my way across the street,
I saw Captain Rowlaud and Archer in a
buggy going up Broad street; 1 hailed, and
invited them to go over with us; they got
out of the buggy' and we w ent into the bar
roong on returning to Broad street we met
Mr. Red amt several others at theeorner,
when a friendly conversation took plfi.ee be
tween Mr. Red and Mr. Archer; I then dis
covered that Mr. Archer was drunk, and
endeavored with the assistance of Captain
Rowland to get him in his buggy; he refused
to go, saying that he had but a tew days to
stay in Augusta, and wanted to have some
fun. HC was very lively, laughing and talk
ing loudly; he asked Captain Rowland to
drivers buggy to the Stable, and ask one
of the boys w send him a carriage; Mr;
JUriah Dugas volunteered his services, nnd
Mr. Rowhuid went off in the buggy together;
Mr. Red then invited the party to go and
take another drink; we remained in bar-room
some fifteen or twenty minutes probably:
Mr. Arehei- and Red ‘ were laughing and
joking together; as I came out of the liar
room, I saw a carriage or Phaeton statiuiug
in front of the door; Captain Rowland was
seated in it; I got into the carriage' and
called to Archer to get in; lie said in a loud
voice “all right,” whereas, Red, after
putting his foot in the .carriaae ' door,
(at that time came out of bar-room
and Archer aud Red were laughing
and joking about a horse trade; 1 paid no
attention to the conversation; a policeman,
I have since learned js Hegg, came up to
where 1 was in the carriage :tnd said this
noise must be stopped; 1 told him there ■was
uo noise, that we were all going off in the
carriage; he said there avos noise aud that it
should be stopped; he spoke in an impcra
tivc manner; Air. Red replied that he knew
where he lived, and if there was any fuss
making, to go and report the case and go
about his business; he replied that he knew
liis business; I’.hen told Mr. Hegg that he
knew us all, and if there Was a noise to go
and report tiie case and not have any fuss
with Mr. Red; lie told me he knew his
business and tliat he would call for help, and
then commenced rapping on the pavement;
I told him that he was a danmed little puke,
and would be the cause of a row—that it he
continued in that way, there would cer
tainly be one; in about three minutes, or
less time,tafia- the rapping, Evans, Dillon,
and one other policeman came up; Evans
aud Dillon came from Broad street, 1
think, Hie other from Ellis; Evans said
something to Archer which I did not hear,
and Archer exclaimed : “ I am for peace-!”
at that time Dillon came up to me with a
pistol, I think a single barrelled or derripger
pistol, pul it into my face and said, you
stop this; I asked him why he put a
pistol to my face, as I was unarmed and a
crippled man, and that, ho might as well
attempt to shoot a wooden man; I told Him
then that it was a damned cowardly act, and
that it had not been the first time tliat he had
attempted to injure me.; that he had once
before circulated a lie on me, and that 1 had
tokl him so in the papers; he then called me
a damned liar, when .1 denounced him as a
cowm d; I then called him by name, William
C. Dillon, I pronounce you a liar and a
coward, when a pistol was discharged; Mr.
Alexander PhilMps stepping in between us
at or about the time of firing, Mr. Phillips
said, don’t do tliat; during this conversation
between Dillon aud myself, Evans said to
me, Captain, don’t have any fuss, and re
peated ft twice; I told him that I had been
treated in sucli a cowardly manner that I
could not; when the firing commenced, I
was pushed back several feet in the scuffle,
when some one struck me back of the head
witli a stick, aud 1 fell to the ground; as 1
recovered from the stun, Mr. Evans was
standing over Mr. Phillipg who was hi a
seated position on the ground. Piiillips said,
don’t beat me to death. 1 have done nothing.
1 then started over to Mr. Phillips when I
heard Red exclaim, you have murdered me,
don’t shoot me any more! when Dillon,
standing over him, fired, and left where Red
was lying and came over to where Evans
was, near Phillips; I then pointed to Red
and said, it was a damned cowardly act, that
lie had shot him wldle he was down; Dillon
then caught me by the collar and told several
policemen to carry me to jail or to the guard
house, one or the other—dou’t rcniauber
which lie said; several policemen, some three
or four, caught me "by tlm arm and pushed
me back some twenty feet, when 1 told them
1 amid not walk if tliey held my arms so
tight;'those on my left arm let me go—-the
others held on; 1 told them if they did not
let me go 1 -would l>e compelled to strike
with my crutch, when several citizens alter
sered, ami tffld them to let me go, tliat 1
would walk alone; they then let me go and
1 enme on to 1 lie guard house; while on the
way down, this policeman, Hegg, told me 1
had abused luin, :u»d if I liad two legs he
would knoek me down; I told him that 1
was liis prisoner and he had no right to in
sult me, and we walked down with two or
tbrei- citizens ,-jx'licc in front ami behind
nw; from the guard house I was ordered to
jail by Joseph Rtwhsey, of the police; 1
f -jT ? Ji ‘Lf F'
AUGUSTA, GA., SUNDAY MORNING. SEPTEMBER 13, 1868.
offered bail, but was declined; Mr. Dortic,
Mr. D’Antignac and several others there,
offered to go my bail—Mr. Black, also, who
was my counsel: about the time Mr. Phillips
camo up, the first shot was fired; as Mr.
Phillips came out of the door, he remarked,
stop this fussing; the tiring came from
direction wluvo Air. Dillon was standing;
Mr. Phillips stepped in between us saying,
don’t do that, or words to that effect; when
first shot was fired, Red was on my right;
there was loud tsrlking and laughing; no one
angry with one imother; all in good humor;
I was endeavoring to get Archer off from
Red; Red had Archer around the waist in a
very friendly manner; Red spoke of going
off into the country a moment before, to Mr.
Short; Red was invited by Archer to get in
the carriage; was remarkably quiet and
cheerful; did not seem to desire a difficulty
between Dillon and myself; said, “ lioys,
don’t have anv fuss;’’ 1 was within eight or
ten feet of Red when lie was shot the hist
time.
CROSS-EXAMINATION.
Dillon was standing about ft yard mid a
half in front of Picquet, Phillips about t" o
feet to the right of Dillon and left of Pic
quet—oquadistant from each—aud Red about
to my right and to the left of DiHon; when
Dillon came from around him, confronted
me, putting his pistol in my face; the curs
ing commeuced after the pistol was put in
my face; never saw him until he put the
pistol in my face; said, “stop this fuss I
cursed him; uo pistol fired until he had
withdrawn from me; the firing came from
towards Dillon; I have uniformly stated that
a pistol was fired without saying who fired
it; I have correctly stated to best of my
knowledge the position of the parlies when
the firing was going on; Mr. Short, Mr.
Floyd Thomas, Judge Clark, Millcdge Mc-
Kinnie, Mealing Archer and several others
had been in and out of the bar-room during,
the time wc were there; Alexander Phillips
was not seen by me while in the bar-room;
while Dillon and myself were quarrelling, it
was the first time I saw Phillips; just as
confident as anything else I have testified,
that I did not see him in the bar-room; took
several drinks; 1 am generally comfortable
with one drink; I felt it lightly; no qne was
drunk except Archer; don’t know whether
Philiips was drunk or not; am under the
impression that be was not; I am positive I
was not; Red had been drinking—taking
small drinks, about teaspoonful; took two
or three small drinks with us in the course of
one-half to three-quarters of an hour; were
veiy small ones; 1 was in the carriage; got
in there to get Rai away; did not get Ardicr
in the carnage; Hegg came up, said stop
this noise, in n very imperative manner; I
replied, first, tliat there was no fuss, from
the carriage; Hegg came up and said lie
knew his business; called him at the time
he was rapping, a damned puke: I got out
of the carriage to prevent a difficulty between
Red and the policeman or some one else;
Captain Rowland and myself were in the
carriage at the time: Heggs cumc up; driver
was on front seat; few moments before, a
little crippled man, a billiard player, came in
the carriage; 1 asked him who invited him,
he then jumped out; did not recognize the
face of driver; liave had him pointed out
since, his name js William Joltnson; I did
not then recogtiize him; Gayther left in a
few seconds after he got out of the carriage;
1 wanted to know what he was doing there;
was trying to get Archer away frdm Red—
trying to take him home; we wore waiting
-ttrgtit tn*p>weirt a
row, as I thought Che language used by him
would occasion one; there was some loud
talking about a horse trade; could not liave
heard it at Broad street; don’t think any one
passing could have had attention attracted;
no one except Air. Archer was talking loudly;
there was vwy vulgar language used previ
ous to that; he cancil to Mr. 1 Tiller ACTOSS
Jackson street, saying something alxmt a
music teacher; concluded he ]uul had some
intercourse with her ; this was at the corner,
one-half hour before policeman came up;
don’t remember the language exactly, it was,
♦ * * * [The language
being t<» vulgar and indecent for publica
tion has been omitted.—En. |or something of
that kind; he was talking to Air. Red aud 1
did not pay particular attention to what the
language was: this was not at Globe Hotel,
but at Schneider's corner, loud enough to be
heard across the street; do not know whether
ladies stay at Globe—have seen ladies there: it
was about eight o’clock in the evening; this
is as public a thoroughfare as any other;
b.eard no vulizar language at the carriage •
Archer remarked when asked by me, as I
told him to get into the carriage, all right,
where is Red ? in a particularly loud tone;
I did not like to leave Air. Archer; called to
him several times; thought it was best to
prevent a difficulty between Hegg and some
one else is the reason I got out of carriage;
Hegg said he knew' his burincss. his manner
indicatal there woukl be a fuss; reo gniz.ed
him as a policeman; when he came to me,
he said stop tliis fuss; Red said tliat there
was no fuss, and if there was fuss to report
tlic case and go aliout liis business, and tliat
lie knew Mm ; Rai did not curse him—did
not hear him say anything of the kind; I also
recognized Dillon and Evans as policemen—
tliat is, I knew that they were acting in that
capacity; Red did not use such language as
stop it ’if you can; don’t think he cursed
Hegg; don’t know what became of Gayther,
did not see any one fire, cxwpt Dillon shoot
Mr. Red on the ground: Red was lying in the
street on liis back, his head to Broad street,
Dillon standing over him; .saw some one
cornu from towaids Globe and fired over that
way towards Red; recognized Dillon stand
ing immediately over Red, firing down on
him; was standing over him; could not say
on which side of Red lie stood; don’t know
the exact position Dillon was in, as do face,
he was standing immediately over lioi and
stall down on him; did not see Dillon’s face;
recognized him by his coming over where
Evans was and taking me by the collar;
don’t remember wbetUer bi» back was to mt;
recognized Dillou standing over Red; do
not know Who it was who fired when com
ing from Globe; do not know whether his
back was towards me or his face; little to
Red’s right, towards the pavement, ratlier
southwest; think tliat the fait of Mr. Phillips
Was towards Mr. Rai’s feet; was near Mr.
Evans when Dillon fired last shot- 1 hail
gone over to where Phillips was standing; I
wasunannal; 1 did not fire a pistol on tliat
occasion; I am positive as to that; 1 did
not obtain, or have in my possession, a
weapon of any kind; I have seen him
(meaning Phillips, though uot in record)
drunk; I have (not) seen turn intoxicatol or
iniluencal at least in last two years; I tliink
he abstains-did last year; 1 frequently see
him—have not seen him take s drink in two
years; after the tiring, I went over to where
Pnillips was standing; Evans was standing
over Phillips when Dillon came to hiai;
thinks Rai was more over to my rightAhan
Dilkm. though not positive; don’t
know the porinon of Mr. Rai, rather tliink
he was nearer w< Hum to Dillon; don’t
know positively ; did not count them. (Pre
sufiied he rteansyanls crtcel—lint explained
in record.) 1 was stunned at first or second
fire; the first lire proceeded from towards
where Mr. Dillon was standing; 1 state that
I am not positive as to wlicre Mr. Red was.
but am under the impression tliat he was
directly on nay right; lie nuiy have been two
feet or four feet—l do ix>t know the distance;
I saw no pistol firing until I find recovered
from the stun- he (meaning Dillon) was
standing Wcr Red;.don’t know which side
he’ waSf aitr not see Floyd Thomas—he
might have lieen behind one of the parties; I
revignizal Mr. Mx Kinnie; did nop notice
any uu<- after pistol was placed in tuy face.
Witness was here shown a diagram, it was
drawn under his supervision. Witness here
explained the position of the pwtics to
, Defendant’s Counsel—diagram rcpresaits
, the position of the parties. Witness here
> said it was not his intention to say that the
s diagram was exactly correct. Position of
. Red and Phillips correct; Rai was eight or
, ten feet from pavement, head towards Broad
i street.
REBUTTAL—UY TIIE STATE.
Aly intention is _to represent Red on my
i right, and not behind Dillon; does not know
; the exact position of Rai; the diagram is
• iucoiTect in representing Rat on my left;
; does uot understand diagram to represent
! Rai on my left, he should be on my right;
i Dillon was directly in front of me; Red on
r my right: the diagram docs not represent
. parties with jicrfect correctness; it is too
i close, it is incorrect in placing Dillon’s face
[ towards Phillips’ instead of directly facing
’ me, otherwise it is as near right as "possible
for me to make it, not being an artist; (dia-
■ gram, as presented by witness submittal in
I evidence); Ido not kuow wl*U became of
Gayther, did not ask for a subpoena for him;
dp not know his first or given i|amc; (plain -
, tiffs counsel here gave Gaytlwrs name tte
> Frank). Witness stated that heihd nqucstal
. to have him subpoenaed in hisWn case; do
; not know why he was not snuiUnonal in this
i case.
I SURREBUTTAL—BY THE
Schneider did not say to us <iu stop tliat
i noise in his shop, or leave tlicrc, as 1 hoard •
. he nor no ouc else nmd.e such a remark; did
not see Schnader at all
FOR DEFENCE.
( WILLIAM C. DILLON, SWORN.
; 1 was present at the shooting iff Mr. Red
[ on the night of the 27tfi of July, between
half past right and nine o’clock; I asked
i Lieutenant Evans, the defendant, to take a
walk up Greene rtreet, lie gave his consent,
and before arriving at the crossing in front
i of City Hall gate, Lieutenant Evuns said I
would like to go up Broad stra t to get a
, piece of tobacco: we wail by Mr. Ilans
bcrgcr’s where he got the tolxicai: after
getting it we proceeded up the same side of
Broad street; upon arriving in front of or
near the front entrance of the. Globe Hotel,
we heard theranof a jioliccman • Lieutenant
Evans and myself then proceeded to the raps,
where we found the policeman standing near
Schneider’s, next to Broad street; n’lieir I
arrived 1 found the policeman to be Heggs;
I asked him what was the matter; before 1
heard his reply, a gcntlemkn just below
towards Ellis street, on the pavement, who I
recognized to be Mr. Thomas Archer made
considerable noise; I think htdiallowed ouce;
Lieutenant Evans stepped unto him and told
him we Wanted to stop the fuss being made
there; Archer expressed his willingness to
do so, and 1 think ho turnal around and
walked towards the carriage, standing to
wards Ellis street • during this conversation
with Mr. Archer, Mr. Rea was standing near
him with his pistol in his hand; just al this
time Mr. Picqact stopped towards Air. Heggs
and cursed bun in these words, I pronounce
you a danmed puppy or damned rascal or
sonic other Aucffi epithet, I cannot now reman
ber; seeing Air. Red with his pistol in his
hand, I was removing one of my pistols
from irty right breast coat-pocket to my ride
coat-pocket; it was at this moment that
Piequct cursed Heggs; I hail my pistol in
exchanging it in my right hand, grasping
the hammer and trigger; I shook my finger
at Picquot, telling him w« wanted to stop
this fuss, whereupon he began to abuse and
curse me; the only reply I made him was we
wanted to stop this fuss: he spoke of my
having drawn a pistol on hinfel Jtold hbii 1
h:ul not drawn a pistol on any one; he was
talking very rapialy and cannot say whether
. ho- heard me or not; during this conversation
I noticed Red continually on my left; Pic
quet now walked to the carriage and I hoped
the affair had ended, but he again returned;
by this time I had moval several steps to
wards Ellis street; when he came back he
began to abuse me as before; I tliink it was
just tlicn Mr. McKinne (I was then within a
foot of the door, back to the wall) appealed
to me not to strike him as he was a one
legged man; I replied that I had no desire to
strike him, but only to stop the fuss; Mc-
Kinnie then seized me by the right arm rather
forcibly; 1 threw him loose from me. I saw
no more of AlcKinnie during the night. At
this moment Mr. Phillips was standing to my
left, with his right hand upon my left shoul
der, and his left hand stretched out towards
Picquet, I think touching him on the right
arm or shoulder. At this time Picquet re
marked that I had told or published a sic on
him; 1 replial that lie was a liar, and made
up my mind to arrest him, but Wore making
the attempt lied stet me in the back, to the
left of the back Ixmc. During the conversa
tion with Picquet. I had been noticing that
Red was to my left. It seemed to me that he
was trying to gel behind me; after Red fired
1 saw no more of Picquet till the shooting
was over; iinmcdhitely upon the fire of the
pistol, 1 drew my pistol for the first time
with the intention of using it, and as I did
so made towards Red, who was not more
than two feet from me; he ran to the ride of
Mr. Phillips. Witness here explained the
position of the parties, and made parties re
present the poeitionof parties on the right of
the shooting, in the presence of the Court;
by. the representation made, Picquet was
facing Dillon, Dillon standing in front of the
wall on the pavement ’ Picquet about two
feet in front of Dillon, Phillips standing on
the left of Dillou with his luuid on his slxml
der, his back inclined to the wall, Red about
a foot to the left, and slightly to the rear of
Dillon and Phillips. This was the position
of the parties at tiie time the first shot was
fired. As Red ran on one side of Phillips, I
pursued and fired for the first time;, several
shots were tired over my head immoiialcly
following my fire; Red and myself came out
from Phillips nt the same came out
towards the Globe Hotel, leavmg Phillips on
the pavement, Red with his back toward
Ellis street, mine toward Broad; I gathered
him with my left hand in hi« wlihksn, my
right hand in his hair, he at the same time
catching hold of me, we tusseled and 1 threw
him, we fell some ten or twelve feet from the
pavement in the street; Rai falling with liis
licad towards tlic Globe Hotel, his feet to
wards Schneider's, on Ids back. 1 fell on him
face downwards. Upon felling, I imme
diately drew liack from him. fearingriie might
cut me; nt this moment he fired at me strik
ing me on the inside of the little finger of the
right hand, :uid began to rise; I was now
trying to get out my other pistol which was
in my left coat pocket. My right hand was
almost paralyzed by Ids last shot, which de
layal me in getting out my pistol, during
which time Rai was making towards me as
if cocking a pistol or drawing some other
weapon; at this moment I fired on him, at
. the same time wrenching a pistol from his
, hand; he immediately remarked lam a dead
. man, there is no use of doing any more.
Jake Heggs, at or near the time » was in the
act of shooting at Red, asked me who is
Unit, fl raJied me, without saving who.
When Rai made those last remarks to me, I
went immediately across to the Globe Hotel
to where several gentlemen were standing on
' the pavenicrtt, and asked if there was a
I Physicinn there, and said if there was I
I would like lor him to go across to those men
, for they were badly hurt; some one askal me
if 1 was hurt, I replied that 1 was shot
through, but hopes] 1 would be able to walk
; to assistance; I tliink that Evans came up to
, me at or near the time that Hoggs diet or
. prolmbh'as I startai across tin street; as I
j rcturual I heard Picquet’s voice again for
. the first time since the shooting Ixigan; I
went to him ami said, Picquet, if it had not
. been for you. this would not liave occurred,
[ and told him I would have to send him to
» the court house ; I ordered policeman Rey
nold" to take him down ; I had previous to
» this ; I was acting in the capacity of chief
» of police, and aent for all the police
’ at the court house; after they started
i with Piquett I returned to Schneider’s'
i door, where the fuss began, when I railed
my vest and discovered the wound in my
left tide, also tlie ball on the right; on my
way Lieutenant Evans asked tuo if 1 was
hurt; I replied that 1 must he mortally
wounded ; he suggested that we go to some
Doctor; Robert Stallings at the same time
asked the same question, and 1 made about
the same reply to him; we then went to
Dr. Campbell’s office ; 1 thought Piquett
quite drunk, also McKinnie and Phillips;
while all seemed willing to stop the fuss, in
dividually, none of them made any effort to
quiet Piquett; I considered Archer’s and
Piquett’a fusses as two distinct matters;
Piquett, who started the fuss, returned, and
continually renewed the disagreement be
tween hi in self and myself, which was an old
grudge and might bo renewed at aay future
time; that while-Archer may have com
menced the disturbance, when spoken to,
by Evans, he stopped it and retired, whilst
Piquett referred to an old newspaper e»r
reapondence between us, as upon which
he hud based a grudge against me ; Evans
was acting as Lieutenant of police, Hcggs
as a policeman, and all under my authority.
Witness was here shown a coat, which he
recognised as the one .worn by him i» the
night of the shooting, having two bullet
boles in it; the one on the left side of the
back of the coat, scorched and ranging to
the left side, and the ball to the right, indi
cating tlie position of Red as desori bedin my
testimony above given ; the shot on the left
of abdomen J can not account for. A vest
vaa also shewn witness which ho identified
as the one worn at the time of tlie shooting ;
the badge on it was worn at the same time,
and is the bodge of the chief of police ; the
holo in the left side of the back was also
scorched ; the pants also bearing holes cor
responding with coat and vest; the badge
was loaned to me by Mr. Christian, the for
mer chief of police ; 1 got hurt on the left
side of ray mouth in the melee, while Phil
lips -was between Red and myself -he was
moving about considerably :rs if fighting, or
as if engaged with some one ; after, or upon,
receiving the wound it secured to draw me
half bent; as Red and myself came out
from Phillip; wo were both in a bonding
or stooping position ; the tussel with Red
seemed to revive me, and 1 strenghteued up;
my pistol w» ■ not exceeding four or five
inches from him when I fired upon him ; he
had his left side toward me ; the police gen
erally wear badges to indicate their posi
tion, and are required by the city police
regulations to wear them ; the police have
been wearing badges as long as 1 can re
member ; I can not say when 1 received the
hurt on my left lip; it is sore now; think
it was caused by a blow, the lip being cut
by the teeth ; 1 had only a couple of Der
ringer pistols at the time of the shooting
(they were here shown him and recognised):
a third pistol was shown him and recognized
as the one taken from Red in the souffle, as
above described; tho pistol is empty, as
taken from Mr. Red ; my relations with Mr.
Red were very friendly, and often
expressed myself as better pleased with
him than any other person of his kind 1 ever
knew. Witness here explained that he made
.on. reference to the gambling of Rud, qut
only as a bully or fighting man. He was a
violent and dangerous man, and was regarded
as taking a pride in being very quick in a
fess. It is the custom of the police io go
armed ; I never carried a pistol before in my
life, prior to going on tho police.
CROSS-EXAMINATION.
I did not see any other person U.O Oil that i
night besides Red and myself; I have had
no conversation with Mr. Evans in relation
to the shooting except in the presence of Mr.
Anthony. I have no reason to believe that
Ileggs fired on that night; I can not say
how many shots were fired at this time; 1
think there were about eight shots; heard
that .many; there may have beeu as many
as twenty shots fired, as twoqiistols may
have been fired at once ; there could nut
have been more than sixteen shots; I have
no reason to believe that Hcggs fired on that
night; Evans and myself were going up
Greene street when we left the Hall; Ben
jamin F. Johnson was not asked to accom
pany us ; 1 atu positive of that ; can not say
where we would have gone bad we not beten
stopped by the rap of the policeman.
COL. TWIOUS SWORN.
I was in my office; was attracted by
firing, and hastened in the direction from
whence it proceeded ; when I arrived at tile
scene of the difficulty 1 found a man lyinir
on the ground, on Jackson street, about
twenty-five or thirty feet from Schneider's
side door; I went up to him and discovered
that it was Red; I found that he was badly
wounded, and 1 asked for assistance to carry
him to medical aid ; with the help of several
gentlemen (not remembered), carried him to
Dr. Hatton’s drug store ; the body of lied
remained in the store for about an hour, and
thcu removed to his house. Dr. L. D. Ford
wss present, and made a hasty examination
of his wounds; made another when wu got
him home. A large number of |ieople were
at the drug store —Mr. Frank D’Autignac,
Dr. Hatton, myself; I cannot, say whether
McGregor was present or not, but think he
was. I had some conversation with Red at
his house; his wife and mother were prescut;
Red deported himself in a reckless and blas
phemous manner, and did not seem im
pressed with the solemnities of his situation;
I remained at Red’s house H*o or i hrnn hours:
was one or two o’clock when 1 left; there
were several others present—McGregor, Dr.
Ford, Dr. Halton, Judge Oliu, and several
others. Dr. Ford made a more thorough
examination of the wounds at the house.
Dr. Ford stated at Hatton’* store the pro
priety of making any declaration he desired
to make, as his condition was critical; Red
replied that “any G—d d—d fool knows
that;” he addressed his wife similarlyjtfew
moments later. His wife entered the room
in apparent great distress ; approached him
with broken exclamations of grief; b* turned
to her aud remarked, “Sis, don’t make a
d—d fool of yourself.” I had some conver
sation, at the suggestion of Dr. Ford, at his
house, to get bis statement of the difficulty;
1 made several efforts to that effect; he re
fused to state anything that occurred, re
marking, “1 don’t want anybody prosecuted
on my account;” 1 told him that it was
proper tor him to make such a statement,
independent of his wishes with regard to the
prosecution, for the gratification of his family
and friends ; 1 asked him a question, at that
time, as to who caused or conimeuced the
difficulty, or words to that effect; he replied
that “Tom Archer was-the sole cause of the
difficulty ; that he was kicking up a row, and
that he (lied) begged him to stopthen
qualified his remark by saying that he did
not mean to blame. Tom, as he was a good
friend, and would wo nothing to injure
him, or words to that < tfei-t; this is the
sum of what was said. During the evening
I suggested to J udge Olin the propriety of
having a formal examination of Red, as he
(Olin) was a magistrate ; he (Olin) declined
to take the testimony, after repeated applica
tions by myself. . Keil’s moral impressions
• lid not improve as tong as I remained. and
seemed as reckless as ever, carting and
i swearing; I was twit prwwefrtt WMnlkey pro-
I posed to take his declarations, but was, tn the
early pari of the morning; he was under
the influence of chloroform, fcpd made re
i peated applications for at; It was between
nine and ten o’clock the next morning whoa
' I saw him. I know of nothing further bear
ing on tho case. I hate been particular in
; the statement of his condiwuu ai Sc
> under the influence of narcotics, aqd con-
I sidered him incapable of making a dying
; declaration.
CRMB-SXAMIXATION.
| Ido not give a medical opinion ; did pot
I think one necessary; do not speak ns a p|iy
; sician. Counsel here asked a definition, of
I the word blaspheming. The witness said he
- considered such oaths a* G—d d—n it, J-l-9
I C—t, and the like, blasphemy. I was Sot
intimate with or an associate of Red; hive
■ known him for fifteen years, bnt was not in
, timate with him. I heard the conversation
t of Red at the store and at his house;
was no con’nected conversation; Dr. L. ,D.
i. Ford was the first who talked with him at
i the store, among tho)«st at the house when I
i left; 1 am certain that Dr. DcSauaweFsrd
, was not proaant cither time when I was while
Red was living.
1 CUARLES A, HLUSUN SWORN.
I remember the uight but not the data of
the difficulty; I walked up there; I saw a
crowd in front of the Globe ; I saw a latge
crowd ou the other side. I thought that
probably some political news had been read,
and walked over to Kchnefder’s; ,wheu 1
reached the crowd I saw what the party
was and who they were ; I saw that aomo of
them were a little intoxicated, and had a
carriage there, in front of the bar-room ; I
heard a good many remarks made by the
party among themselves; they used solns
pretty bad language; one man remarked,
* * * [The language being too vulgar
and indecent for publication, has been
omitted —Eo. |in a voice that could have been
heard probably across Broad street A
moments later a policeman came Up —a small
man ; heard his name was Hoggs; he re
marked that using such language i" the
street against the city ordinance ; he insisted
ou their stopping the use of such language
iu the street. He found that he could not
stop them, and remarked to them that if he
could not stop them one way he could an
other, and commenced rapping. Al this
time I went through Schneider’s bar-room
into the alley with Mr. Schneider ; no one
tried to stop the language but the policeman.
Schneider ordered the man to close up; 1
suppose my remark that “there would be
trouble” caused him to close up, as it was
done in a moment or two. 1 saw that Mr.
Red and Archer were drunk ; these were the
parties doing the most talking ; I appre
hended a difficulty from the character of
Mr. Red, who was known as a man who
would Use his pistol in a difficulty.
' ■ CROSS-EXAMINATION.
1 walked up th the Globe after supper for
the purpose of taking a walk; was not
after a drink; did not take one that night;
don’t think 1 did that day; I was sum
moned before tho Coroner's inquest; I was
not sworn ; I was brought up to be sworn,
but was not sworn; oannst say why
I was net rwowthe foreman mud he
excused me, because I was not a material
witness ; some questions were put to me—
-1 think by the foreman of the jury, Mr.
Porter Fleming; Mr. Fleming was the
foreman ; I cannot say whether or not the
questions were as to whether or not 1 knew
anything of the death of Mr. Rod; they
may have been ; if the questions hod been
asked me, I should have answered that I
only knew up to tho time the policeman
commenced rapping; it might nave been
that the reason that I was not examined,
was that I said that 1 knew nothing mate
rial of the killing; I mean to say that I
cannot swear to any question that was
asked me ; there were no questions of im
portance asked me that I now remember ;
' the Coroner’s inquest was on the second
day after the difficulty, and the day after
Red's death ; 1 do mean to say, as far as I
' have stated, tho facts are the same as hap
pened ou the night of tlie difficulty; I can
remember more particularly what hap
pened on the night of the difficulty, because
1 was prosent and saw and heard ; while at
the Coroner’s inquest, 1 thought my testi
mony was of no avail, and, consequently,
p aid no attention to it.
EDWARD o’siIANNBSY SWORN.
I know the difficulty of which you speak;
1 was at the corner of Ellis and Jackson
street when the policeman rapped ; I am a
policeman, and was on duty at that point;
As soon as ha rapped. 1 went to the noise,
and saw Dillon and Picquet arguing; also
saw Mr. Red there; they were speak
ing very offensive words-—abus
ing one another calling each other
liars, and such language as that; at the
same lime lied was standing behind Dil
lon, with his face towards Ellis street; Dil
lon’s face was also towards Ellis street;
Mr. lied struck Mr. Dillon on tho side of the
face with his fist; he pulled his pistol from
his waistband, or pocket of his pants ; I
mean Red. He then fired; he fired his
pistol without elevation ; cannot say who
he shot, but Dillon was in front of him ;
that was tho first pistol fired ; the shooting
commenced rapidly after the first shot, ana
as I fell back a few yards, 1 cannot say'who
fired or who did not; 1 saw .nothing else,
but heard Mr. «ed say that ho was a dead
man ; I was standing about eighteen inches
from lied when he fired ; was to his back ;
ho fired immediately upon striking Dillon ;
I cannot say what Red did after shooting ;
1 retreated in good order and with good
luck.
(Witness here showed the court the posi
tions of Red and Dillon—Red standing in
the rear of Dillon, and struck him with the
left hand, and then stepped up to the left
and fired.]
cross-examination.
I know Mr. Alexander Phillip; don't
remember seeing him; 1 cannot gay
whether I could have seen him, if he had'
beeu standing next to Louis Picquet; I
saw Mr. McKinnie and Mr. Evans there;
Mr. McKinnie was, I think, trying to keep
Mr. Dillon from striking Mr. Pioquet; did
not see a pistol in Dillon’s hands; did not
hear Picquet speak to Dillon of pointing a
pistol at him; was tfierevmly a few eiinutes
before the shooting ; the htote
Dillon was a very slight otie; ■ might
have had effect about the mouth, but do not
think it would have bruised the jaw. Do
not know whether rt was sufficient to have
attracted Dillon’s attention or not; tan Sot
say bow many shots were fired ; think about
nine or ten ; did not see any one but Red
fire ; Ido not know of any one eha firing
that night; I suppose that there were others
shot; I did not remain : f in*y have gone
thirty or forty yards; I went off with my
back on the shooting; when the shooting
was over I went back and saw Dillon and
lied were shot; 1 heard that Mr. Phillips
had also been shot, but did not see him ;
did not see who carried off lied ; did hoi go I
myself; went back to my "beat; I have seen I
Mr. Dillon's wound at his house since; 1|
NO 34<
I ■ 1
naw them only once; I remained with Dillon
about ten or twelve minutes,
s • ■ sawuni. wees (comwbp) sworn.
I was Standing there- when the fuss was
going on, and saw Me. Red strike Mr, Dillon
with bis left hand, and iheu jerk hia pistol
ouk and shoot him ; he shot Mr. Dillon and
run behind Mr. Phillip or some other large
man standing there; I had been ih-ee eß i.
two Or three minutes ; was on my way d«> W n
town Wires I heard the policeman rap,
and when I got to the 1 heard
Mr. Picquet and Dillon talking; heard
Picquet curse Dillon ; went there a few
minutes; »m present v-hen Red fired; it
was the first shot; Dillon and Red then
got together; Dillon bad Red by the £air
or whiskers, when they both fell in the
street; Dillon had shot before this ; there
were two shots fired before Dillan shot; one
was from behind n tree to my left; I could
not see who fired it, as it came from behind
a tree ; Red struck Dillon on the face some
where near the jaw ; 1 stood then off the
pavement near the street railroad irac'k ; I
reniHiued Ufl the firing was ail over ; can
not any how many shots were fired : it was
done very rapidly after Red fired ; I roeogk,
sized Mr. Picquet and Mr. McKimrie; <JW
not see Mr. Phillip till the shooting look
place; Phillip may have been the man R d
ran behind ; it was a targe man.
CbOSSBXAMINATION.
i came oat of the yard just now; heard
that none of the testimony was kept out of
this room by Mr. Anthony; 1 have not
talked with any one before about it; may
have said what I could prove. I talked
with different ones ; told Judge Hook iu the
Mayor's office; I told him because the
Judge asked me; I just happened tn tlie
office when he asked me what I knew about
this case; 1 ean not say what day that was
on—kept no account; I think it was last
week, Mr. Blodgett did not ask me about
it; J have business in the Mayor’s office
some times; suppose I had businass there
that day ; went there with Mr. Johnson.; it
wns the policeman Johnson I went in with ;
I had told Mr. Johnson before that I
was there at the fuse; that was all 1
told him; I bad said that I was there;
did not explain how it occurred to any
one but Judge Hook, iu the Mayor’s
office; I did not think it my business
to tell any one else about it; I beard
several parties say they were present at,
the shooting, but heard no one explain be
fore 1 went to sec Judge Hook; no one else
was present but Mr. Twiggs when 1 told
Judge Hook what occurred; I live at the
widow Austin’s boarding house; I had been
home aud was going down town when I
hoard the raps; I was about Day’s auction
stove when I heard the policeman's rap; I
walked in a pretty peart gate to the diffi
culty ; I do* not know Mr. O’Shannesy—
never spoke to him in my life; I did not.
know who wire policemen that night; was
excite ’, but not enough to run ; was 'on the
pavement when Retl fired; when the pistol
was fired fate behind the tree it came so
near mo that I thought I had better fall back
a little; lam jxisitive that I saw all 1 told ;
don’t know whether or not I saw all that
happened, but think what 1 told > all
that occurred; I don’t know who shot
Phillip—difflnot know he wseshot until next
day: 1 think Dillon shot Red, as lie started
-tn ribo; he had fallen ;41»ev both feh ; Rod
had something like a knife or pistol in his
hand; I don’t know Mr. Heggs—l know
him when.l see him; I saw him there when
Red and Dillon fell; he asked Dillon who he
wns, he replied me; I did not see Evans; do
not know much about him; they were all
praseot when I came up; Dillon and Pic
quei were riuarrelliuE: Picquet told Dillon
that he had published" a God damned lie on
him once before; Dillon replied that he was
a God damned liar ; I imderstood Dillon to
say as I have stated; it was in reply to Pic
quet; I was in tlie street 10 or 15 feet when
the firing was going on; I think tlie lamps
were lighted that Hight; am certain of it;
there i« a lump on each corner; tho place
is gtiucralfy well lighted at night; don’t
know how far I could see there; never tried
it; it wns not difficult to see ; I saw very
plaiuly what I have stated; it was out very
dark that night; I know that the
ware lit; 1 swear positively to that; don’t
know whether the moon was under a cloud
or not. I cannot say libw long after the
shooting, iue coiiveißalioii with Judge Hook
occurred ; I cannot say whether it was the
day after, or six weeks after; kuow it was
not the next day ; was not six weeks. I
don’t remember the day of the inquest; was
there; had not spoken’to Judge Hook, then;
was after Red’s funeral-
rebuttal—by detence.
1 did not say any one was preseul with
me; (tou t know who ran when the firing
e<»»mmiee<J, hot they acattere'l mightily
when the shooting conimoaeed.
{CONTINUEII IN Qua NEXT.)
..." .fa. , . r
Letters of Dumiuion.
STATE OF GEORGIA—
Ri'knwnd County.
Whereas, Charles J. Jenkins, Execator, and
JuHa A. Cumming, Executrix, of the estate of
Thomas Cumming, deceased, applies to me for
Letters of Dismission :
Triose are, therefore, to eite and admonish, all
and singular, the kindred and creditors of said
dorwared, to be and appear at my office on or be
fore the fir«t Monday in September next, to show
oause, if any they hare, why said Letters should
not be granted.
Given under my hand and official signature,
nt office in Augusta, this f?th day of March, 1888.
E. M. BRAYTON,
mb IT—law«m* Ordinary.
Leiters ofJ&i»ini»sioii
QTATE OF GEORGIA—
i-r Richmond County.
Whereas, John D. Hutt, Administrator on the
estate of Patrick O'Sullivan, deceused, applies to
me for Letters of Dismission.
These are, therefore, to cite and admenish all
•nd singular, the kindred and creditors of said
deceased, to Ire and appear •» my office.on or be
fore tlie Ural Monday in October, to show .cause,
jfauy they have, why said Letters should not be
granted. '■
Given under my hand and official signature, at
office tn Augusta, this sth day of May, 1868.
, E. M. BRAYTON,
my 6—6m* Ordinary.
Letters of Dismission.
OTATE OF GEORGIA—
O RicAetemi County,
Whereas, ChariM J. Jenkins, Rxecator, and
Julia A. Cumming, Executrix, of the estate of
William Cumming, deceased, applies to me for
Letters of Dismission:
These are, therefore, to eite and admonish, all
and singular, the kindred and creditors of said
deceased, to be and appear at my office on or be
fore the Sr st Monday in September next, to show
cause, if any they have, why Slid Letters should
not be granted.
Given nudes .my band and ufficial signature,
at office ia Aughts, thia IMI day of March, 18«8.
E. M?BRAYTON,
.. ? r^ a * ry
STATE OF GEOROiA- ~
Richmond County.
Whurkas, Edward O'Donnell, Administrator
on tfib estate of Richard Quinn, late of said
eonhty, deceased, applies to me for Letters of Dis
miss ton.
These are, therefore, to cite and admonish all.
and singular the kindred and creditors of said
dereased. to be and appear at my office on or
before the first Monday in March next, to show
cause, if any they have. wby said Letters should
not be granted. -
Given under nsy Mud and official signature at
office in this September Uth. IBSB.
SAMVEL LEVY,
~-p 13 _ 1 smfitn • Ordinary,
• 1