Newspaper Page Text
The Telegraph and Messenger
MACON, GA, JULY 15 «79
—A London exchange contisdicta tha re-
P*:t that Miss Lee,daughter of.tho lato Gen
B. E. Lea, is engaged to ba jn&niod to an
English merchant of Birmingham, and says
tto itatement is uttsrly without foundation.
—Tha Bar. Dr. David Wills, of Washing
ton city, recently appointed and confirmed a
post chspUin in th9 United St&tea army,
has been aeaignod to duty, for the present,
at Port McHenry. Baltimore, Hd.
Hon. Alexander H. Stephens loft Wash
ington Thursday for homo, according to tho
Courier-Journal, in very poor health. He
expressed tho opinion to an interviewer that
tha Democratic party is In a condition to
make a splendid fight.
—Tho expenditures to the present time
for the construction of tha Brooklyn bridge
amount to $10 530,731. A contract was awar
ded. last Monday, tor 10,730,218 pounds of
tteel and 34 000 pounds or iron. The trus
tees say the bridge will be finished ty Janua
ry, 1S81.
—A Philadelphia telegram of the 7th re
ports that steamer Saxon, Just arrived from
Boston, reports seeing a balloon of peculiar
construction de-cend Into the ocean on tho
Gth instant forty-five mile southeast of Sandy
Hook, fourteen miles from the Saxon, tut
Just ahead of an unknown hark.
—Tho Czar on retiring to bed a couple of
weeks ago found a neatly folded and addres
sed packigo of Nihilist newspapers between
the sheets, and a few minutes later while
everybody was harrying to and fro in eoaroh
of the daring emissary of the revolutionists a
Nihilistic proclamation was ta.kcd up in His
Imperial Majesty’s dressing-room.
—Tha tow Eddyetone lighthouse will warn
■hips of their danger in the meet scientific
manner possible. The raya ef the electric
light will lllamluo the ocean blue from the
now tower. The intensity of tho light wiil
equal 183,000 cand'es, and can be seen eigh
teen mUc* The EJdystone tower will be
123 feet high
—Senator Lamai’a recant trip through
Mississippi was almcat a continued ovation.
At the railroad stations citizens turned out
on masse to welcome him home, and short
speeches, while iba train waited, were called
for. In the delivering of an address to the
youDg ladies ef a college at Aberdeen, Miss.,
Senator Gordon mentioned Mr. Lamai’a
name, and it allied forth a burst of applause
that continued for two minutes.
—fihad hatching at the New York State
hatchery has been more than usually sue-
cerafnl this season, 6.6=6,003 young fry hiv
ing been tamed loose in the Hadeon river.
The fishermen’s catch this year his been
exceptionally large, eo much so that the lauds
along the river hive been free'y manured
With shad, and tons of fish have been thrown
overboard at Albany by the fishmongers,
Who would not ship at tho reduced prices
demanded by outside marketmen. It is
claimed the size of eh:d in the Hadeon bis
run larger this year than ever before.
—The Like City, Florida, Boportcr says:
‘We beard a farmer say the other day that lio
had received three hundred and seventy
dollars for the products cf four acres of
land this spring, and that he would raise one
hundred and twoaty bushels of com and a
crop of field-peas upon the four aeree, be
sides wbicb, much of the ground is covered
by orange and peach trees in bearing and
ecnppcmong grape arbors. He has quit
growing cotton.’
The Fslt. OanPAW-: ri Mai is —The Bos
ton Globe sayB although there are tb:eo
candidates for Governor, yet tho fight will
hardly be triangular, as the Democrats will
pay very little attention to Ihsir standard-
bearer, but will devote their entire energiee,
first, to securing for themselves members of
the Loglsliture, and, secondly, to helping
defeat their old enemy. Tho main fight wHl
he in the close Representative districts, and,
if the opposition act unitedly, they are mor
ally certain to win. Last year’s election was
an eyo-opener to all ths people of Maine.
—Tha drily bitch of crop items taken from
every paper in the State and reproduoed in
the Courier-Journal daring tho pistweek,
says that piper, show that an unusually fine
wheat crop has been harvested, that corn is
unusually premising and that oats have
come out wanderfally in the psst two weeks.
In the tobacco section there is nnusnal
complaint of poor 'seasons’ for setting, and
the area planted cm not be anyth'ng like
an average. Only in the past few days has
thero been complaint of drouth injuring the
oom, and certainly no serious injury has yet
resulted. Altogether, the agricultural out
look in Kentucky is very encraraging.
—The teBt of tho Princess Louise, who is
ealmcn fishing in the wilds of Canada, is thru
described by a prying newspaper correspon
dent: ‘The ground Is covered thickly with
fresh spruce boughs, and on either side of
the mattress, which rests on the boughs in
tho centre of the tent, is a strip of darz
Brussels carpet. A dainty little dresser tn
the comer of tho tent supports a email,
handsome mirror and the nenal variety of
toilet conveniences. The cot, which, so, far
as its original purpose was concerned, the
Princess discarded cn her arrival in osmp,
has been converted into a lounge, and this,
With an easy chair or two, completes the
outfit of this simple tut cheery little wood
land home of her Boyal Highness.’
Tux Exodus.—Senator Lamar, who return
ed from Mississippi to Washington on the
Gib, reports that he was surprised at the ex
tent of the exedos fever and at the prospect
for the fatn’e. In this regard he says the
colored people aro being excited to the
highest pitch by tha stories of the land of
milk and honey they will find in Kansas.
Beoentlya while man, carrying a rod fiig.
marched through one section cf tho State,
spreading the report that the Government
had taken np the exndna question, and would
from this time on famish 111 who wished to
go to Kins as wkh free transportation and a
supplied farm on their arrival in that promis
ed land. Tho day and hoar when toe fre
train would pass were announced, and at the
time hundreds cf colored people swarmed
along the line of the road for miles, only to
be informed by tbs railrosd cffiri&Is that
there was no free train.
The WztTEOH Whhat Geo?.—Dispatches
announce that tho wheat harvest in Southern
Ohio and Indiana is nearly over. The crop
has been saved In good condition, and is ono
of Um finest that his ever been raised in this
region. - In many places farmers say that it
will average forty bnshela to thoacre. The to
tal yield in Ohio will be fully fifteen percent,
greater than last year, which was also a heavy
year. A St. Paul (Minn.) dispatch, dated
July 2, says for two or threa days too weath
er has been Wat and warm, with hot, moist
air between storms, and damp mist arising
from wet ground and o inging to vegetation.
This Is a cos favorable oondition for the
development met and blight, similar to
that which mined tho crop last year. It is
somowhat too early yet for tho plant to be in
a stage most susceptible to injmy from rn3t
but if the jirceent weather continues great
loss will certainly result. Beporto from
various parts of Minnesota s-y wheat is
growing fairly, but met is beginning to ap
pear in Been places
Fat People’s junior tunes.
Some of tha savage tribee enter their
dwellings through a hole in the roof, and
when a person gets bo fst that he cannot
get in, ho is regarded at an ontlaw.
Had thi3 system oeen adopted in the
United Statue, tha “outlaws” could not
have made a more active demand for
Allan’s Anti P-t than now exists. Hun
dreds who lived in constant oread of sud
den death have, by its use, been reduced
to a CjinforUoia living weight. The
Anti-Fat is purely vegetable and perfectly
harmless. Sold by druggists.
Revival of Protection.
Disoussing the revival of protection
theories in Great Britain, growing ont of
the prostration of agrionltarefand manu
factures, the New York Straid says the
assailants of free trade polioy are men
who have never established any title to re
spect as thinkers on economical questions.
With all the ablest English statesmen and
financiers on one side, and mere neo
phytes and sentimentalists arrayed against
them on the other, the result of the new
free trade disonssiocs can not be consid
ered as donbtful. We believe that Brit
ish polioy is immovably fixed on the baste
of commercial freedom.
No advocate of free trade ever set it np
as a guarantee against commercial and
monetary crisis, or bad harvests and
short crops, and, we might add, failing
metalio and mineral resources. No leg
islation can bring British coal and iron
nearer the surface and thus cheapen
manufacturing material and motive
power.
Nor, says the Herald, is free trade to
be held responsible for the atrikfs, the
labor disturbances, the frequent interrup
tions to production in great establish
ments and the consequent increase in the
cost of articles, which have afflicted Brit
ish trade and industry during the last
few years. A return to the exploded
policy of protection would have no ten
dency to remove the evil of which the
mntinons workmen complain. A duty
on imported grain would raise the price
of food and render their low wages 8til 1
more inadequate. A duty on imported
manufactures would amount to nothing,
because the home market can take but a
small part of the products of the colossal
English establishments, and tho exclu
sion of foreign goods would be a baga
telle. Tha home market would he
broken down by a glut of goods without a
large outlet to foreign consumers, and
foreign markets aan be commanded only
by cheap production. It is absurd to
fancy that the wages of British laborers
conld be raised by a protective tariff.
The simple consequence would be a glut
of the borne m- u t and the xnin of Brit
ish industry. T<«« commercial suprema
cy of Eagl .nd will end when she cannot
nnderseli rivals in other markets
than her own. Her trade doubled with
in the first twenty years after she adop
ted free trade in goods; her tonnage
doubled withiu twenty years after she
adopted free trado in ehipa; and if her
immense industries are going into a de
cline it is owing to quite other canoes
than the commercial freedom which put
her eo far in advance of all other nations
in wealth, power and prosperity.
Tbe Quinine Mailers.
The effect of paying bounties out op
the publio treasury to induce men to la
bor, is no doubt bad generally, bat is par
ticularly bad on the subjeots of the
bounty. That which they might at first
have accepted as grace and favor become 8
in their eyes more of a matter of right
than jf it belonged to them, and they are
the eonred, angry and spiteful victims of
persecution and injustice. Tims, tb«
Tribune, chief spokesman of the protec
tionists, finds it necessary to remonstrate
with the angry quinine men:
The quinine mannfactnrers are natu
rally indignant at the passage of the bill
removing the duty, and like most angry
people are a trifle illogical. They assure
the Southern members that the price of
the drug will go up instead of down; that
in place of {3 35 per ounce the price will
be $5; and in the eaoie breath declare
that they have withdrawn all orders for
bark, and will in ail probability cease
manufacturing altogether. WbjP Manu
facturers do not usually close np a busi
ness just when the profits are doub
ling. * If, tco, as they aseert, the
Pniladelpbia firms have sold the drug at
a small profit-, which they might have
made extortionate, and also retrained
from adulterating it out of conscientious
regard for the well-being of the American
people, why do they not persevere in
their philanthropy now, when, as they
threaten, we are to be poisoned with bad
cinchona, and they can save us without
lose to themselves? Their threats and
forebodings may prove trne or not, but
they will sot alter the popular verdict
that their monopoly has been selfish and
extortionate.
Bias ix Geais,—Nothing appeara to
be accepted as more certain than that
breadstuffs of all kinds are bound to rise
in price. It is officially elated that
France will require a hundred millions’
worth of Amerioin grain this year to sup
ply her crop d-ficlencies; and unfortu
nately the gram crop of every other
oonntry is short, so that the drain on the
United States will be unexampled. Mean
time the acoamnlations in America are
large, and a heavy crop is jast com-
ng forward, so that it is supposed that
any probable demand can be met without
pushing prioea in Amerioan beyond the
scale of moderation; bat that they are
bound to go up, is a very safe conclusion.
It was stated, some time ago, that Edi
son bad disoovered a new alloy of plati
num for bis eleotrio lights, which would
stand an enormous beat without wasting,
and whioh would give a clearer and
steadier light than any hitherto known.
The cable dispatches say that, lari Satur
day, Edison’s agent In London final speci
fications for a third and moat impoitant
Eoglisb patent for electrio lights, relat
ing to an eleotrio bnrnor of platinum or
an alloy cf platinum.
—At a recent execution of Nihilists at
Kiew, Bnseia, a young girl acknowledged at
the foot of the gibbet that her name was
Nathalie Gortechakoff, and that she was
niece to the Chancellor of the Empire. Eke
had previously refused to reveal herself,
notwithstanding that she bad several times
been flagged with the kaint in order to
compel confession.
Is Yonr Business Ball ?
Hundreds of fine opportunities to mske
excellent profits constantly occur in Wail
street, if investors can ho secure from coun
teracting movements. Ths only safe and
certain method .a to unite capital with ex
perience and skill, snd operate in stocks at
the time of fluctuations, without incurring
sudden risks in sweeping changes. This can
be done by the Mn-nal Capitalization eys*
tom, originated by the old and reliable bann
ing house of Adtmi, Brown A Co. Custo
mers control their profits, which are divided
pro rata evo y tbbty days. Anybody can ope
rate succeealolly by this method $23 will
make$l25; $30 will earn $253; $100 will re
turn $:00; $500 will yield $2500, and so on
as market maremants ccsor. This plan his
met with noparalle.’ed buccjss. Now circu
lar, “Buies for Success," with invaluable
information to all investors mailed free.
All kinds of stocks and bends beagbt and
sold. Adrie.s Adams, Brown & Co., Bank
ers and Brokers, 26 A 23 Broad street, Now
Yolk City.
Tbs Saiuou Keepers.
The knights of bar who reoenlly plead
guilty to the charge of keeping open
their establishments on Sunday were
fined by Jadge Simmons fifty doilata and
costs. Mr. Havens, who was triod, was
fonnd not guilty. The profits to the
connty by this transaction may be put at
$850. Two of the cases will bo carried
the Hufremo'Caurt.
THE GIBSON TBIAL.
Yesterday the evidence in the case
against] Mr. Gibson, was entered upon.
At the opening of the Conrt tho presi
ding Judge suggested the propriety of
a suppression of the evidence from the
public prints of thb city, requesting
it and intimating that if such a course
was not pursued he'would be constrained
to take measures for its suppression,
intimating that the Oonrt had authority
for so doing. We present the evidence
merely as news in response to a general
desire on tho part of our readers to see it,
and when it i3 taken by our own reporter
independently of the oflioial record of the
oantt wa think W9 have a peifeot right to
lay it before onr readers.
The case increases in interest. To
day the evrdenae will probably be com
pleted and the argument entered upon.
L. P. Askew testified as follows: I live
in the city; identified the prisoner, j
knew Coleman; eaw him on the night of
November 3d; he is dead; saw him in
front of Ullman’s at one time, and ia
front of Valentino's restaurant at another;
A F. Gib3on, the defenda.it, was thero,
and Mr. Barghard, Daughtry and my
self; I was standing thero with Mr. Gib
son, and Mr. Barghard and Coleman
came up; Gibson hailed him, and asked
who is that? Coleman replied, a friend;
Gibson said, stand back, don’t come, but
he came toward him, and Gib3on said re
peatedly not to come toward me, “that it
was loaded and cocked”; he had a pistol
in his hand, pointed toward Coleman. It
was cocked when Barghard came np;
when my attention was first called to
Coleman ho was fifteen feet distant, on
the edge o! the sidewalk; my attention
was attracted by Gibson saying who is
tha% and pointed his pistol toward him,
and kept tha pistol pointed toward him
all the timp; I said not to ehoot him, he
was drank; when Gibson spoke to him
Coleman turned his back and threw np
his coat and said be was not armed.
Witness turned and* showed the jary
the manner, throwing bis coat about his
hips.
Then Coleman turned rennd, ran hio
hand in his pocket and said, “lei’s all of
ns take a drink;” I have money enough to
pay ior them; I heard silver change rat
tle in his pocke<; he was distant five or
six feet; Gibson fired almost instantly;
when he shot Coleman doubled up, and
another ehot was fired by Gib3on while
he was in that poaitior; when the second
ehot was fired I lef-'; one or two more
shots were fired; the next time I saw
Coleman was at Huff’s corner, about
75 feet from where the firing was
done; he was picked up wnen I
got there; I went with him to the Isaacs
House; he Jived a few days; I first saw
Gibson when I was crossing Cherry street,
coming across from Baer’s to Hoff’s ear
ner; my attention was oailed to him by
Mr. Barghard; I did cot eeo any pistol
tbet; I don’t know where Barghard it;
he is in Florida I presame.
Colonel Wbittle moved to rale ont that
“Barghard is in Florida.”
The Court—He said he did not know
where be was; when last heard of he was
in Florida. You can rule ont if yoa want
to. Baled out.
Mr. Barghard has been away several
month?. He was not at the other trial.
When he Teft he went to F'orila. I
beard this from his brother. Baled ont;
My attention was called to Mr. Gibson;
I saw a gentleman going np Cherry street.
I was-not certain then it was Gibson; I
think tho moon was shin-ng at the cor
ner; I walked diagonally across the
street to where I met him. Gibson
was standing in tho entrance of Ralston
Hull, on the left side with bis pistol ont;
it was then only a very short time before
Barghard came up; it was about two
minntee ; it was a very short time before
we saw Coleman. Coleman came on the
sidewalk; there was a light from tho
rostau'ant window and from the Bide door.
Q. When Coleman first O ime np was
he in the light? [Interrupted by tho
court. 1
I did not see him distinctly when he
first came up until he got in the light,
then I recognized him as the same man
who we saw at Ullman’s. We, (Gibson
and myself) could see him distinctly
when he showed that ho had no arms.
When Coleman came up his bauds were
dow n by his side, that is when I first saw
him plainly. When he got in the light
they were down by bis side. He threw
bis bands in front of him, thus, (showing
the jury, extending both hands with el
bows at the side and palms upward.
By the Solicitor—What did he say
then?
The Court—Ho has already answered
that.
Thepistol w&r fired when C.’s hand was
in his ngbt hand pants pocket, if I re
collect rightly; I did not see Coleman all
the while; be was in the light; I was
taking to Mr. Gibson; I was nearest to
Gibson; Gibson was drank. I was and
am very friendly with him.
The Court interrupted at this point,
saying the evidence must be to the issue
in the direct examination. Ill feeling is
not presumed. Tto only issue for evi
dence are the charges in the indictment.
What weapon did Coleman have ?
The Court—That is not in issue. You
mn6tdraw the distinction.
This shooting cocurred on tho night of
the 3d of November. «
The S ate then turned the witness over
to the r. .-nae.
Tul jus examination was conducted
by Col. L. N. Whittle. The transactions
of that evening’are firmly impressed ex
cept as to what Gibaon said about draw
ing a pistol. I am not refreshing my
memory from newspapers. I glancid
over the evidence lost night. 1 have
read the articles in the Tzlegbapb akd
Mwinnss.
Have yon not heard it discoursed from
the pulpit?
Interrupted. Colonel Whittle explain,
ed that ho wished to show that some o
the impressions of the witness were
mixed up with nowspaper acoounts and
palpit dtsoonrses until his memory was
not S3 distinot as it had been.
The Conrt—If he says that bis memo
ry has been refreshed from reading the
evidence I think ho oan give it in hat
way. Objection sustained.
I think I would have recollected t o
statements I have testified to, even if
had not read the newspapers or heard e
disconraes from the pnipitand fromothir
sources; I live in the upper part of tbe
city, about a half mile from where the
event took place; It was, I think, the
Sunday succeeding lbe State Fair ; I am
not po itivo whether I was down town oa
Sunday morning or not; I was down
town at 2 or 3 o’clock in the efternoon.
Witness stated where he had been dur
ing the afternoon; did hot think he ad
been to Valentino’s bnt once.
I had not drank any whisky. Had
not drank any whisky in two years be
fore this event.
By the defense—Were you not at Kil
patricks?
By the Court—Suppose you asked him
if be gazed in the moon ou a certain day
and he said no, what bearing has that on
the question.
Col. Whittle—I want to show that his
memory is weak and defective.
By the CouskpTflat would be attack
ing a qnesaonnot material to tho {3.
sue. You njitst show soma authority.
I first satf ® ale man at dark at Uilman’a
three-quarters of an hour before the
shooting, I suppose. He was trying to
get in.
The location of Ullman’s was discribed.
He did no get in at Ullman’s. Bnr-
ghard asked Coleman what ho was trying
to do. Neither Burghard or I knew
Coleman before. We walked to Haifa
comer and went np to Valentino’s. Cole-
matt came in immediately after. Cole
man stopped in and called for whisky. I
shook my head at the barkeeper,
he locked drunk. Coleman
took a drink I supposed to be
water; tbi3 was about a half hour before
the shooting; I don’t know how long wa
remained there; wbea wa walked ont
half over the street my attention was
called to Gibsoc; Coleman was near to
ns; this was perhaps twenty or thirty [_ _ _
minutes before the shooting, cr a peculiarity "of Mr. Gibson, I hvro
may be leap; my attention was
called to Gibson, and I went
diagonally across the street to him; when
we left Valentino’s we went to Huffs cor
ner and went across to Baer's. I don’t
think I had been to Spark’s corner that
day,nor aa far diwn as Seymour’s corner.
We went about half way across Cherry
street. Burghard said: ‘‘There goes
one-armed Gibstn with bis pistol ou r .
He’d jast as soon eh ot us as any b jdy.”
Colonel Whittle demonstrated the po
sition of parties by a diagram, which
was verified by witness.
I looked toward Huff’s corner going to
ward Valentino’s. I saw a gentleman
tnrning the corner. Tbe moon was
shining on him jnst as Burghard spoke.
I eaid, “I will go and look after him”
Barghard spoke so aa anyone oonld
have heard it to Baer’s ooraei; Coleman
heard every word; I took the sho-test
cut toward him to intercept him at Valen
tino's; Gibson w is standing on the stone
sill to theentrauoeof Ralston Hail right
in the door on the left side; he waa very
drank; I don’t kno v whether he was so
drank tnat he conld not stand; don’t re
collect whether ha was leaning against
the side of the doorway; he seemed to
be touching the will; bo ttood right there
all the time; he may tavo bad the pistol
pointing in this p.Birioa, (showing tbe
jary;) did not e e mte the pistol;
I told gGibson who I was, and that
seemed to satisfy him; have always been
on friendly terms with him; Gibson
drank a great deal; he has b; e ls 00
drinking; I tare known him to remain
sober eight months ; I have known him
to be sick from sprees; when h9 is drink
ing I don'c think he knows what be is
doing, especially when he is as drunk ss
bo Was that night; many ore afraid of
him, but I bad no fear about him;
I had influence over him; I don’t know
of bat two others, his brother and Mr.
O G. Sparks, who coaid go to and in
flaence him; Barghatd was friendly with
Gibaon far as I know; I went up to him;
he was etanding on tbe floor at the en
trance of Balaton Halt; I was a few inch-.
63 rather back of him; when Bar
ghard came np Gibson pointed his p'istol
at him; I said'that is young Barghard,
and that seemed to satisfy him ; I think
there were some barrels in the way of
crossing directly across from the middle
of Cherry street, where we were stand
ing; I thick I went above tha bar
rels; then Coleman came directly
after ns step by step. We had no con
versation, Barghard and myself, uatil
we got to Gibson. Coleman could have
heard everything that passed. Coleman
was standing erect when my attention
was first called to him ; Gibson was about
fifteen feet from Coleman when he fieri
spoke; Coleman was ia front of him;
Gibson asked who that was; Coleman
had stopped when I first eaw him; when
Gibson spoke Coleman started toward
him and said, “a friend ;” be got five or
six feet from him when Gibson fired
Coleman had on a dark suit, and, I think,
an overcoat—a heavy long coat, not an
alster, an ordinary coat,if he had one on.
Gibaon said, who is that? and tha answer
was, a frienu; Gib30a said don’t come to
me; he warned him to stand back, saying
she ia all loaded and cocked, referring to
his phtol; Coleman was then m ten feet,
and staggered toward him; he again warn
ed him, and he still continued toward
Gibson; Coleman ran bis hand in bis
pocket, £ think when Gibson fired; Cole
man was rather a stoat man.
By Mr. Whittle—Was Coleman’s man
ner sufficient to excito the fears of a
reasonable man?
Objected to by the Solicitor.
A short argument ensued.
Col. Whittle then, by permission of the
court, went np and had a few remarks
with tho witness on the stand.
The question was then withdrawn. When
I just went up Gibson had his pistol
cooked, pointing at Barghatd. He was
standing with his hick against the door
pointing across my body. Burghard
could seo pistol; it wasright at him.
Coleman conld see it. Mr. Gibson did
not conceal it. Coleman must have
seen tho pistol. Gibson could
have shot him when he turned and throw
up hi a cod; when he threw np hia coat
and said he was not armed Gibaon said
stand back; he may have said etand
baok, you are trying to draw; I wa3 not
looking at Coleman all the time; I pat
my hand on Gibson’s shoulder, ths one
next to me; I did not hear Gibson say
you are attempting to draw—or take
your hand off your pistol; I was right at
him, and might havo heard it if it was
said.
By tbe Court—You were right at him ?
A—Yes.
I told him not to shoot. I did not hear
him say, “stand back, you s— of a b—,
you aro trying to shoot me.” I did not
tell Mr. A. W. Gibson that I would tes
tify that. That is not a part of my evi
dence. I did not tell Msj. A. W. Gibson
anything of the sort in the rear of Wax-
elbaum’8 store, nor a few days before
the trial, at a certain part of the city, did
I tell Major Gibjoa that hia brother had
said those words.
By Mr. Whittle—What did yon mean
by the answer on yonr former examina
tion, “My mind has been steady on all
the points except the drawing of the pis
tol?'
The Court read from the report of the
TEnxanAFH AXD Mkjskkgsu, and Mr.
Askewsaid in explanation that he did not
hear him say ths words, you are attempt
ing to draw a pistol ; 1 am in doubt as
to that; my recollection now Is that I do
not think I beard him say it; he might
have eaid it, bat I did not hear him ; it
was Bnigbard who said, there goes one-
armed Gibson; be would jast as soon
shoot us as anybody else.
IN ESBUTTAD.
This was seven or eight o’clnok;
at night; Mr. Gibson turned th9 corner
into the shadow and I could not sec how
he walked; wben he is drank he does not
stagger much; Coleman was on the edge
of the sidewalk next to the street; he
was standing on the edge, in a very few
inches of it; Mr. Gib3on pointed the pis
tol out from him; I don’t know whether
it was straight out; he changed the posi
tion tha pistol was in before Coleman
came up; I was closest to Gibson; I did
not hear him say anything about “you
are trying to draw, etc.;” I said “don’t
shoot, he is oa drunk as he can be,” be
cause I saw Coleman in the restaurant;
Valentino’s is a public placa; L was not
under tha influence of liquor; Mr. Gibson
and I was friendly then and are friendly
now.
Interrupted by the court.
Mr. Solicitor—That is not new matter.
I did not see Colemau attempt to draw
anything. When I heard the silver
change rattle in his pocket, he was
withiu five or six feet of Gibson. I heard
the remark of Colemau; Gibson was close
enough to hear It. Burghard and I were
in Valentina’s before tbe shooting. We
went ont before Coleman.' We want half
across the street. Coleman was staggering;
he was drunk; it was before that that I
saw him at Ullman’s; it wa3 closed;
Valentino’s side door was open; Colo-
man said I have enough ; *o pay for
drinks; tho shooting followed and noth
ing more tv&s said; Coleman was facing
Gibson, bis bead a little turned to one
side; he staggered toward him; he was
five or six fost off, when he raised hie
hands in front of him (witness showing ju
ry with palms up and elbows at his side),
ho soon after turned and threw up his
coat; Gibson seemed me oh exaitod; from
some other cause, it seemed to me
thau whisky; he was drunk; I dd
not notiae his eyet; he talked excitedly,
and said what I have related; when he
was sober he was excited when he got In
a diffioalty, and ordinarily when he was
sober be was peaceable and agreeable; he
is a bookkeeper.
Rsi-cross—He may bo very drunk and
stagger very little; I have seea him when
he was drunk when he did not know any-
think about it the next morning; ho stag
gered very litUo then.
Gibson is ordinarily a quiet man, mod
est and diffident.
Mr. Mann, one of tto witnesses of tha
defense, was discovered ia tho court room
and. withdrawn as a witns33 by tho de
fense.
Redirect—Hia not knowing anything
about anything the next morning is not
heard of other parties being afflloted the Do you know Mr. Askew’s character?
Objection made and sustained.
T was eating Bupper; was'not antfcipa-
same way.
Dr. H. V. Johnson was next intro
duced: I knew D. W. Coleman; he is
dead ; I was called to attend him on the
night of. the 31 of November, 1878;
found Lion at the Isaacs House (now
Binswanger House), between eight and
cine o’clock, a half or three-quarters of
an hoar after the shooting; I fonnd a
wound in the right side four inches bi-
low the nipple and a flesh wound in the
calf of the leg; the wound in the side
was mortal; the. ball ranged downward
to the back and struck the kidneys; he
died on tho night of the 5th from the
wound in his side; I saw him after death
at the inquest. He died at the Isaacs
Honse, in tbe city of Macon, B.bb connty.
Before entering upon the cross-exam
ination, Col. Whittle, with leave of the
Court, then conversed with Dr. Johnston
and reported that they had no questions
for tbe Doctor.
Dr. Mettauej: introduced—I knew Cole
man very elighiJy; I was oailed in on
Monday after he was wounded; he was
wounded on Snnday. I saw he- was
shot in the side; the symptoms were very
plaii; he was mortally wounded; I saw
him at the inquest; I think he knew ths
nature of the wound; he told me he
would die; I did hot at once direotly ask
wbo did tbe shooting; it was generally
understood wbo did it; I was astonished
that he hesitated about telling; I asked
if Gibson did the shooting, and he nod
ded, tbe ball entered the right side mak
ing a fatal wound.
Colonel Whittle again by taoit permit
of tbe oonrt went to the stand and on.
versed with witness, and announced ha^
they bad no farther questions for t
Dao.'or.
Mr. E. Isaacs wa3 sworn by the de
fense.
Mr. A. O. Cite to, of Houston county,
for the State, testified: I reside
Houston county. I know Gibson. I met
him on the night of the killing at the en
trance of Walt street, abont dub. R;cog
niztd him and her me. This was 25 or 30
minutes before the shooting. I heard
the shooting.
State what— 4
Mr. Hall—We object to his saying any
thing as to what occurred at that
place.
The court directed the witness to pro
ceed slowly so that he ocu’d see when to
stop him.
That was about 150 yards from the
shooting. I went to the Lanier Honse.
Mr. Hall—He mu3t bring it down to
what was said abont shooting Coleman.
The Court—Well go and tell about
it.
I was going to meet Dr. Carver; Gib
son was going out Third street; he was
drinking; I eaid I am going shooting
with Dr. Carver; he said he was going a
shooting toe; he had his pistol in his
hand; I said that pistol won’c do to shoot
birds with; he replied I am not going to
shoot birds, I am going to ehoot some,
thing else, I would just as soon shoot
you as not; Mr. Dave Norris came up
and I left; I went to the Lanier Honse
and returned, and the shooting commenc
ed.
Mr. Hall moved to rale ont that part
of the evidence about the conversation
in relation to going shooting.
Mr. Bartlett argued that to make ont
a case of murder they mast show malice,
and he could show implied malice by it
The Court—Well, there were two men
right there, he might have shot one of
them.
Tbe conrt ruled out the sayings of tbe
witness in regard to what Gibson said he
was going to do.
I was on Third street; I saw firing
with a pistol; four shots were fired; I
conld seo the parties, but did nob know
who they were; the wounded man ran
down the street and fell; the shots were
fired above Hall's corner, about Corput’s
I wss between the two streets, and
stopped until it was through; eaw tbe
man fall; one man got to him before I
did, a policeman, I think; they took him
qo the Isaacs House.
G F. Wescott, Deputy Sheriff, testi
fied : I know Mr. Gibsoc; I remember
the time, bat not the precise d°,te of the
killia; ; I did not see Gibson for several
days alter tbe shooting; I fonnd nun in
Fort Va'lay in the guard honse; I sop
posa he had boon arrested there; this
was three or foar days after the shooting;
Messrs. Kicks, Wood snd Grace, poiioo
men, went with me; Ft Valley is twen'.y-
eight or twenty-nine miles from Macon;
don’t know whether Mr. Gibson has a
relative in Taylor coun'y; I made the first
formal arrest; be was nos unwilling to re
turn; he srid when he left Macon he left
against bis judgment, and gave me a large
knife, and said you see I conld cat
through tho wall with this; he said be b&d
tbe knife eli the time.
Cross-examined.—He said he was
rested in tho oar; did not say where he
had started; it was on the Southwestern
train.
Mr. Jesse F. Simpson was introduced:
I was on Cherry street on the night of
tho 3i of Novambe:; heard some shots;
I waB up Cherry street, and went down;
when I got to the place of the firing
there was nobody there; saw a crowd at
the corner; went there and saw a wound
ed man; they carried him to the Isaacs’
House; they took off his coat; I saw no
arms; ho was lying when found a little
from Huff’s corner on Third street, near
ly in tho middle cf tho street,
Cross-examined—It was between throe
and five minutes beforo I got to the
wounded man; Mr. Havens got there be
fore I did; several were standing around;
I don’t think he bad on an overooat; I
helped take him over to the hotel; ho
talked a little; he appeared to be drink
ing; h9 did not walk; I saw him in tbe
evening before; I would not think he
was drinking if I had not seen him be
fore; I saw him two or three hoars be
fore.
The State here announced clo.sed, and
the Court took a reoe3s until 3 o’clock.
The defense, after the reassembling
ot the court, opened their testimony by
introducing Mr. Perry G. Busby, who
testified as follows:
I live in Maeon; was in Macon on the
evening of the 31 of November last;
heard of the killing of Coleman; he was
killed Sunday night after the fair,-. I
know LovicP. Askew and I heard the
shooting; I was in Valentino’s restaurant
eating supper when the shooting occur
red; X was in tho third or fourth stall,
and twelve or fifteen feet from the shoot
ing; I was about ten or twelve feet from
the bar; I was nearly through supper; I
saw Askew about two minutes beforo the
shooting; he was leaning on tho counter
on his elbow; he spoke to me; did not
hear him call for a drink; I was eating
supper with Mr. J. L. Kennedy; don’t
know whether Askew was taking a drink;
don’t know where he went from the coun
ter- I don’t think he had. time to walk to
Huff’s corner and half way across Cherry
street toBaer’s corner and back.
Cross ‘examined—I was eating supper;
I don’t remember seeing any ono but
Askew and Burghard; I was not paying
particular attention to the counter at the
lime; Mr. Kennedy and I were talking
on business; I don’t know anything about
anyone but Barghard and Askew; As'
kew came up to the counter, turned
around and spoke to me; did not notice
if Askew went ont; did not see Askew
during the shooting; when it commenced
I went out; I went out the rear; did
not sec Askew anymore about tho time I
speak, according to tho best of my recol-
lection.
The location of the various points were
explained hy tha witness at the request
of the conrt.
Mr. J. L. Kennedy testified: After
stating hia residence and that he heard
of iho killing of Coleman witness went
on to say that he won in at Valen
tino’s getting sapper; ho saw Askew
at the counter. Did not see him take
a drink. Think Askew had stepped out
of my sight joat before the shooting.
Don’t think he could have gotten ont of
tha door. My hack was toward the front
door. Don’t'think they oould have got
ten out b store I saw them rushing back
to the baok door. Don’t think ha had
timo to go to Huff’s coiner, half ccross
Cfcsrry street and baok,
Cio;s examined.
ting any fight. I paid no attention* to
what was going on. Hoff’s corner ia
abont sixty feet from Valent mo’s.
It is about the same distance to the
middle of Chtrry street. I do not know
how long it would take a man to walk it.
Three men came in in Askew’s crowd;
recollected a man coming in and the bar
keeper gave him water; he seemed very
druDk; did not hear any conversation in
the hail before the firing; when two shots
were fired, Barghard and Askew ran
back through the restaurant and ths
doors were shot; the time . was very
short; I had taken one drink abont a half
honr before.
To tho Conrt—It was about tea minutes
before firing that I first saw Askew
standing at the counter; there were thre r ;
one went cat and the whole party went
beyond my view. The stranger I did
not know came back after a drink.
W. F. Havens was Introduced: I
know defendant; know him intimately;
sines 1872; he drank to exeess by spells,
with no regular intervals; know tim
>611; his spells came every three or four
months; he has no control of himBelf
at all when he takes a drink; have been
a good, intimate and bosom friend; I
oonld always tell when he was going to
get on one of thoss spells; he wontd get
very melancholy; I have tried—Objeoted
to and qnestion withdrawn. Have talked
time and again with Mr. Gibson to keep
him from drinking liquor, and have seen
him walk away from a drink; he had no
control over himself after he had com
menced drinking; he would always
have to goto bed; they lasted from three
to five days.
"When not drunk ho was very quiet and
reticcni; I saw him the day Coleman was
killed; he was drinking; eaw him about
9 o’clock Sunday morning; did not see
him after; knew Coleman intimately six
or seven years; Seen him once every year
or every two years traveling through
with shows.
Colonel Whittle—That was hie regular
business?
Objection made and snstained.
Coleman came to town on the 28th of
October; he was drinking all the time;
I opened my saloon—
The Court—Oh, never mind your sal xn,
answer the question.
He drank gin and sugar, b3er and ab<
sinthf; I don’t know what that is ex
actly; it iB a good dial stronger than
whisky
Objection was made by the Solicitor,
and he moved to rule ont that part of hiB
evidence.
Mr. Whittle stated that they wanted to
show tbat Coleman drank absinthe, and
that his memory was impaired and bis
dying declarations cot to be credited.
After argument the question wa3 sus
tained.
I saw him the Sunday even
ing ho wa3 shot; saw
him after he was shot.
Did he state the circumstances ?
Objection and question withdrawn.
Cross-examined—Gibson cssd to take
drinks some times at my bar; he is qniet
and tends to his business when sober; when
he drank he drank of his own free will;
I knew Coleman; he' ctme to my bar
fiftoen or twenty times a day; that is an
extraordinary large number of times,
even during a fair, for they generally
scatter around; have seen him take a
drink at Ulmaa’s; took a greet many
drinks on,Saturday; I kept an account
of his drinking after 12 o’clock Saturday;
Coleman set np for his friends every
honr or so; don’t know how many he
took; seen him drink absinthe at
my bar on Saturday morning; he
was in there the most of Sat-
nrday; I knew him and so noticed him ;
plenty of men drink more than Colemar;
I notic'd him more than an other because
I know him; I was not any more a friend
of Coleman than of Gibaon, but am more
intimate with Gibsos; I did not eee Cole
man sober on this trip; many other men
keep full all the time; I saw Coleman af
ter be was shot; Mr. Jesse Simpson got
to him first; I saw Gibson at nine o’chok
on that Snnday morning; I cannot • say
bo was drank; I did not see him after
wards.
How did you know ha was drank that
day then ?
I could not swear i‘; I s»w him be
tween six and seven o’clook that evening
aoros3 the street.
How did you know he was drunk?
At nine o’clock on Sanday morning
I was in the bar-room when James Math
ews came in and said Ab is drunk;
and has gone to raise a fuss with Ohsrles
Solomon; a man cume by and said Ab, Is
standing in the theatre doer, and has a
pistol in bis hand; we went to Baei’s
corner; John Jones and I were going over
there. Jim Matthews says hash, they are.
quarreling; wa looked across the street
where tbe shots were fired; I rau serosa
-the street; Coleman passed me and fell
in Third street, I tore his vest opon and
saw he was shot in the side; Mr. Simp
son wss present; C, fainted in my arms;
I said, “Frencby, what is the matter ?”
The Comt rated out this statement in
regard to the conversation.
Gibson oame in my bbIoou at 9]o’clock;
He was drank; I did not lay my
eyes on Gibson anymore that day ex
cept across the way; knew it was G.bson;
saw him across the way; knew him be
cause he was in tbe light; he was stand
ing still in tho doorway of Ralston Hall;
I know he was crazy drank in the morn- .
ing at 9 o’clock, because he hallooed in him about thirty miuntes before the
I wrote in a letter to Mr. RsL Gibson
that I stayed away from the last court
because I thought that I would do his
brother good :n case he was convicted.
Don’t remember how long after the
trial that was.
Did you not getasabyoeia? Asab-
pceaa was left at Mr. ? Yes, I got
the subpeoas; I got it at my brother’s
house.
"Witness did not recognizu the baliff
who eetved him with it.
By Mr. Bartlett—Did you not Btay
away and disobey the snbpceia of this
conrt beoanse you thought it would help
Mr. Gibson’e case?
Objeotion made and not sustained.
I nope the judge will not force me to
answer that question. Judge ia that a
fair queBtioc?
The Comt—Yes, yen may aa well ans
wer it.
A.—I, did.
I lived in Terrell oonnly; don’t
know how long; I was not in
dicted in Terrell tor bigamy; I have
been married twice; neither of my
wives are living; I did not marry while I
had a living wife.
Did not have four indictments against
me in Florida; I lived in Alabama and
left because I wanted to.
Q. Did you not lose your speech dar
ing tho war ?
I did.
Objection made and sustained.
I would not tell a falsehood—stopped
by the Court. You must confine your
self to answer to questions. We don’t
want your speeches.
Witness—Judge, Mr. Bartlett wants
to drag me down to the lowest from
prejudices which exist in Jones county,
and I don’t think he ought to do it.
The Court—If Mr. Bartlett thinks he
can impeach your evidence in a legal way
and thereby benefit his cbbo, it it his
duty.
Are yon not directly interested in this
case ? Witness appealed to the Court—
The Conrt called on him to answer.
I do not feel any particular interest in
this cass; have had conveications about
my testimony and this case with Colonel
Gibson, Colonel Blonnt and that other
gentleman, (Colonel Hardeman).
I have been to the jail I think three
times tojsee Mr. Gibsos.
What was said ?
Objeotion made.
I told what my testimony wonld be, of
coarse. Mrs. Gibson was presuit once.
I went only to tbe jail as a friend.
Tbe man picked up his pistol aid ran
past me. I don’t remember whether he
was doubled up. Can’t say whether he
wa3 drank or not. Don’t remember his
dress. He pulled out his pistol when he
and Mr. Gibson were quarreling. I came
feere yesterday on business. I got here
yesteidayat 3 or 4 or 6 o’clock. I did
not have a subpoena to come.
Did you not go to Colend Whittle’s
office to-day at dinner ?
(Hesitatingly) Yes, eir; I believe ‘ I
did.
Did you have any eonvereat ; on about
this cate
Yes, sir; I believe I did.
The court then anjourned until this
morning at 8:30 o’clock.
Third Dai’s Proceeding;*—The Evi
dence Closed—One Argument tar the
State.
The court room yesterday was quite
fall throughout the day, and among those
in attendance were many of the most sub
stantial and best citizens of MacoD, who
evidently watohed the progress of the
case with deep interest.
It is a recognized fact that thia is one
of the most important trials that has
ever taken place in Macon. Its ef
fect does not end with acquittal or
conviction of the accused. It either fires
or nnfixes a principle. The eyes of the com.
mnnity ere centered on the action of the
jary. Yesterday the probable result of its
deliberations was the subject of specula
tion all over the city, and there was by
no means a unanimity of opinion. The
weight of responsibility resting on tbe
jury in the eye3 of the commnity is very
great. Tho prisoner for the past two
days has been attended by his wife,whose
devotion throughout his troubles his
been trae and tender.
Balow we presentjthe remainder of the
testimony elicited during the trial, toga n
er with the remarks of the Judge presid
ing in regard to the publication of the
evidence. As to his remarks &bont his
power to suppress the evidence in the
publio prints not taken from the offleial
report, we reBpeotfnlly differ from the
learned Judge and would like to have seen
the question tested. We cannot but
believe any embargo wonld have been
bnt temporary. The principle of the
freedom of the press is too firmly planted
in the very bed-rock of American instilu
tioas to allow such action to stand. The
evidence is as follows:
James Mathews—I reside in this oity;
know Abner F. Gibson; heard or Cole
man being shot: it happened on Sunday
night, November 3rd; I saw Gibson both
in the day and at night that day; saw
Was he more or less excited th>n „„
al when intoxicated. a
Objection made.
Witness removed from cour 1 icnn, „ .
intentions of counsel explained aa “
cahed. Bti ° n WUhdraWC and ***• re-
The knot on hia head looked as if
bad received a pretty good blow- tv, b
was a knot on his head about thl’ s ,v, ?
an egg.
Cross examined—I asked what he
doing with that gun; I eaw the n.!!? 3
who he said struck him, and
him accuse him of strikiog him * a
That man was George LawrnnL
When I went to find him?we B t»«
street; he was not atUllmanV t «i,„„ r 9
he may ba at Valentino’s; 14*^'
my saloor; three or four men were stand
ing with nim at the theatre door; one of
tbem was Coleman; wa stood there at
Baer’s corner about a half minute.
L. J. Philips was sworn, and testified:
I live in Jones eouaty; I was in Macon on
the 3d of Nov.; heard of Colemau being
shot; it wa3 about 8 or 9 o’clock; was near
the place where he was ehot; heard the
shooting; I think there were fonrBhots;
was coming np Cherry St. to Ralston Hall;
when thirty or forty feet off I heard some
men quarrelling; I beard a man say you
Bread—d list; Mr. Gitsea said “stand
baok;” I will not use hiB words beforo
his wife; the man drew his pistol from
his pocket and dropped it on the side
walk and picked it np; it was a pistol
beyond the shadow of a doubt, and as be
stooped a shot was fired; the man ran
and* another shot was fired; he ssid, gen
tlemen, I am shot, ss be ran down the
streo>; I went down to where Coleman was
lying; I did not see tha pistol any
more.
Cros3 examined—I was born In Jaspsr
county; I went to Florida; I left Florida
for various causes.
"Why did you leave there ?
1 bad a mother and a sister hgre.
Any other reason?
There was an indictment there against
me.
Objection made and not sustained,
witness being instructed that the law
did not compel him to criminate him
self.
lama sawyer in Jones county; I was
about 30 feet off when the pistol was fir
ed; I had stopped and was standing by
a poet; I have known Gibson Bince boy
hood; heard some one call Gibson a liar;
the man then put his hand in his right
pooket; he was standing looking into
Gibson’s face; Gibson was standing on the
pavement; the man was also standing on
the pavement" two others ware with Gib-
eon; they were closer to them than I was;
Gib-on had nothing in his hand; I saw
Gibson draw his piBtol, when the man
ran his hand in his pocket, and Gibson
said: “Standback, you g of a b—;”
he drew his piato’; I can’t say whether it
was a nickel-mounted or silver-mounted
pistol; he dropped it on the pavement;
][ saw it; I can’t say Mr. Gibson shot at
all; Mr. Gibson drew his pistol; I did not
see what he did with it; I went on up the
street; I got off the pavement
and went ou up the street; two
policemen came running in tha street.
I went to the Lraier House by Joasey’a
store, on Third street, and then to whore
shooting; he had a doubled barreled gun
at the corner of Sparks’ warehouse; lev
eled it at me with both barrels cocked.
He told me to feel a lump on the back cf
hiB head.
Objection made and sustained.
I took the gun away from him
snd took him up to Havens’, Tne door
was locked. Havens and tbe bar-keeper
were both in there. I held tha gnn in
my left hand and rattled the knob with
the other. I had his sleeve in my hand
to keep him from gettingiaway. Havens
came lo tbe door. I banded him the gun
and told him to put it behind the iee box
and keep if. While I was talking, Gib
son broke louse and ran up the street to
wards Ullman’s. I told Havens to hurry
up and come and kelp me get him and
tske him home. He was not at Ull
man’s. I thought perhaps he turned the
aornor, and went to Valentino’s;
we oame back to the corner
and heard some men quarreling
Havens and Jones stopped at Baei’s
oorner, and I walked up the street about
forty feat in front of Valentino’s, and
there sawAb. The front windows were
lit, and I could see him plainly. He
was standing on the Inside of the en
trance of Rriston’a Hall, on the right
hand side; Coleman was standing ia front
of him; I bad started three or four steps
across the street toward Gibson when 2
heard Ab say, Stand baok, yon s— of a
b—, don’t yon draw or attempt to draw,
I disremamfcer whioh; I then heard the
pistol shooting, and the man ran down the
street toward Hoff’s oorner and fell. Saw
Coleman ran his hand in hiB pocket, and
Gibson said, Stand baok, you a— of a
b—. Tho shot was then fired; witness
ranaoross the street to where the shoot
ing was done, and described the position
of the man who was shot; Gibson and I
are the best of friends. Coleman had an
ftveroo&t; think it was a large coat;
oonld not swear to it; Gibson was stand
ing in the entranoe of Ralston Hall; I
recognized him by his hat' and arm ; he
was not eight inohes from the doorway;
it looked as If he was In the door. I had
started a few feet from the opposite
sidewalk and advanoed toward him;
he web dose enough to tha Valentino
side of the door to have held his hand
against it; he was standing inside the
door; that evening at the warehouse he
was very tight, will as he conld be; in
toxicated and raving. I am well ac
quainted with him, and when he ia exci
ted by liquor he is perfectly wild; when
he is nos drinking ho is as much of
the man was lying. I had taken three J gentleman as any man in the world; j
drinks in the morning. "Was ju3t walk- { examined tho lump on his he’d; I can’t
ing about promiscuously. I told Ab. and j tell how ho said it camo thsrf; when be
Major Gioson about the circumstr.ucoo ! showed mo the lump ho was terribly ex-
some three weeks after it ocourrod. Ijcitod; he had the gun on .hia shoulder,
was not here at tho last ccurt. -My feel-J both barrels were cocked, when I met
ings toward Gibson are no kinder than j hint ; ha would have shot ms, but he rec-
justiee requires. I don’t remember that * cgnized my voice.
opposite Corput’aor Val’ni/,^ "t"**
Ho fitroetj I don't too. hoi,“to
" a, * s: 'w taS
( „“ r ;So“ ttte_I >“«•». 10
I went out in the street to .
from John Jones and Ha^Vhe *
what was eaid; I was probablv
feet from others; I could have seen fht?
son if he was five feet from
was either on the sill of the door m
outside of it; he couia have
against it; did not see hia nisto!-1 ju
not see him after the g nn was taken awa»
until I mw Urn across the street; when
my attention was oailed to the crowd at
Valentino’e, Coleman was tight there
near between the door and window- ha
was four or five feet from Gibaon ’and
four or five feet from tbe wall of the
building; I did not hear him say von ar«
a d—d liqr; I heard Gibson say stand
back, you s— of a b—; ho shot when
Coleman’s hand was in his pocket; I did
not see Coleman draw his pistol. The
man that was shot ran down the street- I
did not hear the man who was shot eav
anything before the shooting; I did n«
see where he was shot; I noticed him
while he was running; he kept catchin®
at the sidewalk as if he was either tryinl
to catch or grabbing at something on
tho sidewalk.
Witness showed the jary the manner
meant.
When I went to the wounded man, I
did not stay but a moment and then
went to hunt Gibson. I t.ld Havens to
stay with the wonnded man; don’t know
where Gibeon went just after tho shoot
ing; saw some one stick hia bead oat ot
the deer of Valentino’s as I passed and
make some remark. That was the only
person I saw at the scene of the shooting.
When I got back no one was there. I
am a warm, personal friend of Gibson. I
feel a good dsal of interest tor him and
the result of this case.
By the S.licitot—After tbe shooting,
did you not assist him off? Objected to.
I did assist him.
The Court—The Solicitor has the right
to a?k him that question. Witness need
not answer it or any that wonld oriminato
himself.
Witness then declined to answer.
Everybody knows I would have assisted
him if I had a chance.
The Oonrt instructed witness tbat he
was not obliged to criminate himself, but
if he was willing he could answer the
qnestion.
By the Solicitor—Don’t you know it to
be a fact that two or three days after the
shooting he was assisted to a station on
the Southwestern Railroad to escape.
Objection made.
Witness—I only know that from hear,
say; I saw him first at my home after
the shooting; I never was at Jire Hollis
in my life.
Did yon not assist him to escape?
The Court instructed witness that he
need not answer that question or any that
wonld criminate himself, and witness de
clined to answer.
Colonel Whittle asked about tbe time
when the prisoner’s statement should be
presented.
The Court—The practice in my cir
cuit in regard to statements is that the
prisoner makes his statement ac
the (loss of all the testimony
and the State can then rebut it if it wants
to._ Tho Court supported his views of
this position in a few remarks, stating
this was the practice in his circuit, and
was different from this circuit, and he
did not want to change the practice
without givieg reasons, but the practice
suggested was the law, in hi3 opinion, of
the State of Georgia.
The defense here rested their case.
REBUTTAL.
Dr, H. V. Johnson, recalled for the
State
I examined the position of the wound
cn the person of D. W. Coleman.
Will yon point ont on my pereon the
place of the wound ? Objection made
and overruled.
Dr. Johnson showed the position of the
wound; he thought it ranged backward;
did not know whether it followed aiib or
went directly in. It was three and a
half or fonr inches below the nipple cn
the right side.
By the Solicitor—If a man was stand
ing facing another and dropped some
thing and was trying to pick it up, and
was shot is that poaitioa, could he have
been shot in the manner you describ
ed?
I think not.
By the defense—I coaid not probe tho
wonnd; one of tbe kidneys was evidently
wonnded; I did not find ths ball; it did:
not come ont.
Dr. Johnson showed tho location of the
kidneys.
L. P. Askew recalled by the Slate—I
have sot been in the court room during
the hearing of the evidence of other wit
nesses; I have read the evidence in the
aewBpaper.
_His testimony was objected to by Col.
Writtle on that ground.
Tb* Court said: I know of no evidence
in the newspaper; I asked the newspaper
not to publish the evidence; they saw fit
to publish their version of if; I could
only request this, as I did not wish to
make an issue cn that point;
I did not wanito exclude the reporters
from the bur or tig oonrt room. While I
have the power no t ^-a a t to exer
cise if, snd so info^ogcl the representa
tives. The publication 0 f the evidence
interferes with the e» a 0 f justice. It
does interfere with if. jj i 3 no t inten
tional ou the part of ^ newspapers.
They are only carrying on the easterns
of the day. The rapid Icii^vemsnts of
the age have outstripped tce^, C rj e , The
law has not kept paco with the, j a t heJr
march. Howto avoid this ma,. T j ja
not know. I do not mean that to trial
should remain secret. Net at
tha evidence should not bo pablishUna-
tll after the verdief. These witnt £S
wbo read in the paper tho evidence *1
haebeeu given in have an advantage o\
the others. I don’t know any remedy f
oept to look up the witnesses and conn
a lot of citizens. It 13 an evil. The only,
evidence I can reoogaiz?, however, l P a
stenographer’s. I have no disposition to in
terfere with any one’s business, bnt can see
evil resnlt8 from the immediate publica
tion ef evidesoe either to the defense cr
the State.
The witness says he has read in Ihu
newspapeta that evidence. I can not e**
dude him for that; that ia not evidence
in this case.
Objection overruled.
I did not hear any offensive lasgnag®
from Coleman at ths time of the shooting-
I was in a position to hear. I was within
fiwa or Bix feet of him- .
What weapon d:d Colemau haw or
draw?
Objeotion made and overruled.
If he dropped anything cn the greauat
I did not see It; did not seo him draw
any weapon ; did not see him drop any
thing on tbe ground. I was in a posit 100
t£ * 8ee - ,.
He was almost facing Gibson, with 8,9
right side turned toward Gibbon. Gib
son’s pistol was in his right hand. _
Witce.-s rose and showed the jsry Oo!-‘
men’s position. _ , ,
Ccleman doubled up after Lo was B -b"
The positions occupied by Colemsn w; - J
these Before ho was shot he n *s ia:-cg
Gibson, he then turned, threw up hie coat,
turned kaif around, and then Gibson wo-
he then doubkd up; I did not eee Co.o