About The weekly telegraph. (Macon, Ga.) 1885-1899 | View Entire Issue (March 28, 1895)
THE 'WEEKLY TELEGRAPH: MARCH 28, 1895. Turner McAllister Stuck to the Claim of Self- Defense. Are. Hyatt on the Stand Hade a Very Toncbing Impression on the Spectators, l SYNOPSIS OP THE TESTIMONY Italemsnteof the ttste’e Witneiees Want Toward Showing Tliat tin, I’l.tol Which Wa. in Hyatt', satchel Was Not tho One Found on the Floor by other.. Fort Gaines, March 27.—^Special.)— The cam of ‘the state aguflndt Turner McAllister was called up. this morning at 8 o’clock. The rott of ttoo supple mentary panel drawn yattonlay was read and the jurors announced. Hav ing answered to their .names, the jurors tvire examined :n turn until tho sixth man was reached. Philip Tltkdey, who proved aooqptalale to state and dofense. At 820 ithe full jury -was sworn la Judge Grliwra notified all present dint perfect order moat be preserved during the trial of the case, anti he proposed lo have order maintained. Bailiffs £JVU U,U£/ WJL1 would be a more ap-| propriate name for that common cause of suffering—dyspepsia —because most cases of dyspepsia can be traced to food cooked | with lard. Let COT- TOLENEtake theplace j of lard in your kitchen and good health will take the place of Dys-1 pepsia. Try it Every’ pail of the genuine COTTOLENE bears this trade mark | —steer’s head in cot ton-plant wreath. Made only by TIIE | N.K.FAIRBANK COMPANY, ST. LOUIS and CHICAOO. K: mx&m 3S55H5SS JL'DSO.V L. HYATT. were In mdonce and the line between the audience and dheofury iwan drawn mid all persons wanted oolt to cross 11 or attempt to hold Intercourse with the Jury. Jir.sge Guerry- sun’i writ WttOfasrS for the defense be sepamted. Counsel for defendant sektri that the rule ap ply to ^witarsKts for' the gssto abo, and the court ordered the sepstutton of .witnesses for Mat? and d«fe.n*e. ' J thlge Gstrpy opened the esse • for tbe state by readlns the bill of Indict ment to the Jury and followed with a brief but pointed presenitulion of the case of the Mate. die said ‘tbe Mate proposed {to show that Judsno L. Hyatt came to Fort Gaines on a peaceful nod lawful er rand; that aider aiittcmllng fo his bust- ness, during the day toe retired to h's room at the botol at an eariy hour to write smite hitters mjd was engag'd at the list moment In wrlluw to bis loved ones. He said the state proposed to show Wilt the shot Lift kllbd Hystt wi* fired niille toe was stating; that they proposed to show that die Whole clrcmustancM sunrcumtliM the shoot ing of Judsoo Hyatt branded McAllis ter with itoe mark of Cain; (hat Itiey proposed to i#»>w that In a public bourn where there were other guests no outcry was mode; that M.iAUistor was slone w.tb the tain he had killed until joined by hi* brothers, and ‘then they wire (be inly ones wilh him for some moments; that the wots pnipottd to show there was 4» legal Justification for tbe act. TIIE FIRST WrPMESW. A. H. 'Monihunw was the first witness willed by the Mate. IVdamwa Mild he was a dnimtn.r and had Wight ac quaintance with Hyatt. He cams to Fort Gaines b> *41 goods. Stopped at the Cook house whore Hystt shipped. Ra w Hyatt the night ,rf .March 5. Tiioy went up ata'.rs together that nlgtat. Wlloos* went to bis mnn to write some letters and arid Hyutt told Mm he bad some writing to do. Witnem sstd bis room was *»t»ratal fawn that occupied by Hystt % an intervening room, but tbe rooms were on the same slile of the ball. .After finlahlug his witling witness mid be shaved and was partly undrewml when be hesnl a not*.- ts If tome ooe was knocking sod wont to tbe iloor. opened It,, sml not sec ng say one ctnsad nfae door and un- drcwnsL Heard knocking) again and went to the door, opened It aAl saw some one eater Hyatt's room. Witness okmtd tbe door of bis room and shirred to bid and. bearing tome ooe running up stain, wet* to tbs door again and opened U soil saw Bob MnAjUgher com- lug up Hie stairs. He dosed the door and started towards the bod and hoard a pistol who;. Went to bed and re mained there a few momenta. 'When he got up, drt*i<ed and went out and met Will McAllister, tattoo told him a drum mer had bean shot. Witness wont Into Hyatt’s room and saw hint lying on the floor. Turner McAJllstor had a pis tol lu bis hand, anil when witness asked who shot Hymtt Turner McAllis ter said he shot blra. Wltmoss de scribed the location of the ttwo beds in the room and Ibe place where Hyatt was lying and his position. Said Hy att wtts lying on his back, one of his few. unildr the bed and the other against Hie lied post, bis head toward the table, with a pillow under It. Wit- said the legs of the dead man were apart, hks hand open anil a pistol lying seven or elgbft Inches from tt on tho floor, the toSPrel policing from him. Witness said he wont drown Blairs to get Hyatt's a (Wrens and loft the same part’let) in Hie room he found there and Town iMantoal Killlnsswiomth, who had come In attar Mm. Ha d d nat find i.toe address on the nglster nind came back np stairs anil found Hyatt’.* grip on the table. Wit maw anil hbo mamhal opened tt, and Just a.. It wus opened witness saw Hyatt’s order book on the table and closed tbe grip. Found on tho table a letter addressed to the Dj-nmisbets Company and an un-fin. Isheil letter to Hyatt's w.fe. Wttnem said 'M'ciABH:er left tbe room, saying: ’There is my pistol on the bed and there Is hits on me floor." Witecsr. was Shown the letter ami Identified It as the unfinished efijv to Men. Hyatt Wit. news sold there w\ia no ovldance of a snutfie or dlstuttbattce In file room. Raid Hyatt's grip was dosed when be left the room. Tho second time when he came back ‘.t was st.Hl closed. Witness sai.1 the marshal took ■poBsiwston and he didn't see It again till ho saw it In Fort Valley, where it had been set* by the marshal. The defense did not cross-examine the witness and admitted the authen ticity of Ih* letter written by Hyatt to his wife that was found In the room where he was killed. THE UNFINISHED LETTER. Judge Quarry then read the unfinleh- ed letter to the Jury. A* he oonculdrd he added: 'This Is all of tt. It slope thought 1* was her husband's The state proposed to ehow hat Mr*. Hyatt pack cl her hurl und'a grip end put the pistol tn h. The d' Cnee ob jected and the objection wag , veiruKol. Witness testified she pn.-k.-d tier htis- fca&ffS Slip usd pluc.%1 ,. Us! is it underneath tbe clothes and her husband dW not know It was In ‘he r*P- Rehl It wa* the first time he had a - :'tol with hhn for three years, field her husband was uot at home when ehe packed the grip. When the wltnen whs sh'’wn her husband's vest and She saw he hole In it made by the bullet In |te deadly course her mont up grief fount Voice In a wail of blurt broken grief ttuit will never be forgotten and many m eye was dimmed with tear* as rhe was excused tn tone* of tender sympathy by Judge Guerry. THE MARSHAL HAD A TISTOL. Cliff Green testified that he was at the Cook house the night Hyatt was killed. Saw a pfatol In Hie hands of Marshal' KJlUngsworth and did not think pistol identified as Hyatts wee the one the marshall had. Coroner Royal woe called to the wit ness stand and testified that be was at home the night Hjbtt was killed. Wla* called at 1 o’olock. Went tb the Cook house and to Hyatt’s room. Found Dr. Gunn and William Greene there. Hyatt was lying on the floor on his bad. One leg was straight and the other urned. The right leg was portly under the bed left ECZEMA Most Distressing of Skin Diseases Instantly Relieved by (Mcura WHEN ALL ELSE FAILS A warm bath with Cutlcura Soap, and a single application of Cuticura, the great Skin Cure, af ford instant relief, permit rest and sleep, and point to a speedy, perma nent, and economical cure when all other methods and remedies fa SMS SursdMWJSt w»l«. tot* >u, ,Imi i. iii uiis a, WwtCuucuC«r,MfS| rnfi.e-.i-i.t.i a. here unfinished and unsigned. Dr. O. Q. Singleton of Fort Valley was the next witness called. He brought with him the grip found in Hystt's room and sent to Fort Valley. Raid he had known the deceased for four years. Was called to his late home at Fort Valley to witness' the opening of the grip. The grip came by express, scaled, and the on e brought with hhn waa the grip that came by express. It contained clothes, some papers and a pistol. Tbe pistol was produced In court and tne witness said It was the one found tn tbe grip. Wlt- sald he examined the body of Judson Hyatt'after It reached Fort Valley. He found a wound In the left chest two Inches below the collar bone. Probed the wound and found Its course Inward and downward. As near as he could decide by probing there was no variation In the course of the ball from the point of entering to the point where It was found. Wit ness Illustrated by measurement on Judge Guerry’s person the point where the ball entered and where It was found, which was seven Inches below the point of entrance. After extract ing the ball witness said he probed, the wound from hath sides and found no deviation in the course of tbe ball. Wltneee elated that where two men of the else of Hyatt and MeAlllster were faring each other, tt would be hnposelble to Inflict such a wound as Hyatt's, unless the hand was ele vated. Cross-examined by Col. Hammond, witness said be bad several years ex perience, such as a general practice would offer, in the treatment of gun shot wounds. Asked as to what would cause a deflection tn the course of the bullet, witness said it would depend on ths chanter of the shot whether tt was spsnt or moving at an Initial ve locity. (Asked as to tbe probable course of a hall fired from as pistol In the hands at a taller man, witness said Its course would be downward. On tbs re-direct examlnatton Judge Cusrry asked what weald have been the course of a shot fired by a of equal size with tbe man shot at a distance of four or five feet. Witness said the course of the ball would be direct or upward. Witness said a round bullet would be more apt to be deflected than a conical. THE DEAD MAN'S WIFE. Mrs. Hyatt was tho next witness call ed end ths court room was hushed to stillness as be was led to the witness stand by bnr brother. Mr. A. B. Green. As ehe raised her veil the effort she made to restrain her grief was manifest. She was shown tbs last letter penned to her and Judge Guerry asked: •'Mrs. Hygtt, fa that the letter brought to you from Fort Osiucs?" •Yea." “Did your husband usually sfidress you in the names shown you In thfa letter T* ''Yes. sir; always In that way for the past ten years." Mrs. Hyatt was shrnvn «h- p nought from rmc ar»t tag m a i iEw-IL kV.e.e.l..S?ir«»JVTr!TTTr»-iS-illgn-,g3»..>^s^rvi.-yWT- r -irBy-,x and Heal to Pane’s Celery Compound. and the left outside against the bed post. Went tbbre In his capacity na coroner. Found no pistol, no gun-noth ing but the body. J. E. Graham testified he wa-. at the Cook Mouse the night of (March 6th. Went to Hyatt's room. Saw .Marshal KilUngsworth, Dr. Gunn and others. Saw Hyatt's grip on tbe MMe open and httd by KilUngsworth who hail a pistol In his hand. Pfatol did not look Uke a new one. Did not look like » nickel plated barrel. He did not notice the pfatol cloudy but It did impress him as being Uke the one *h-ovn and Identified as Hyatt's pistol. S. J. Raley was the next witness. He testified that on the nl<?l*t of March 6th he was at home until after cupper. He came down town and saw Turner McAllister near Hbdey's More. He thought McAllister had been drinking. He said that according to hfa best Ju lg- ment defendant was under tbe influence of liquor. Horace Moore, the next witness, said he knew Turner McAllister and saw Mm or. the night of March £ at Its shop and thought defendant was unter the Influence of liquor. He seld the de fendant aoted rather strangely and walked away Uke a man who had been drinking . Bob Sharp testified that he was tn Fort Gaines the night of March 5, and was tn Hyatt's room. He saw two pistols, and the one on the table look ed rusty. A. H. Matthews was recalled and testified that he wont to bis room about 8 o’olock and heard the pistol shot about 8 o'clock. DR. GREEN’S TESTIMONY. Dr. W. J. Green of Fort Valley was called and testified that he resided at Fort Valley, and that he was related to Judson Hyatt by marriage, the lat ter'having married his daughter. He was a physician and had forty-throe years experience. He was a surgeon In the army. He'probed the wound tn Hyatt's body from the front and saw Dr. Singleton probe It from both sides. He said the bullet entered the left side somewhere between the third and fourth ribs. He did no; think the bullet was deflected in Its course. He dM not think the ball was changed from the point of entry to the point where It was found. He thought the wound was Indicted while the deceased was in a sitting position. He Mid not ttiiiiik it possible for a bail ts take ths course the shot did that killed deceased If he had been on his feet; that It would be more Ukely to p»*s directly through the body. The effect nf tho shot was to produoe death tn a very short Ume. rs ■ Dr. Singleton was recalled and pro duced the bullet that was token from the body of Hyatt at Fort Valley. The bullet was offered In evidence. At that point the state rested. Counsel for defendant asked for a little time and at twenty-five minutes past 11 Judge Griggs, after cautioning the Jury to abstain from discussing the cate among themselves until It was finally submitted to theta and to avoid talking with any person;'ttajourn- ed court until 1:80 o'clock. THE AFTERNOON SESSION. Promptly at 1:80 the court convened. After a short delay the Jury and de fendant were brought In. Judge Guerry stated that ths prose cution wished to withdraw their an nouncement made before adjournment that the state rested. Counsel for defense made no Objec tion and the court allowed tbe re quest. A. H. Matthews was recalled. “Mr. Matthews, have you made a diagram of the room where Mr. Hy att was killed?" asked Judge Ouerry. “Yea, st.'.'t And the witness produc ed th> dlaglam. After an Inspection of It by counsel for defense witness was called before the Jury to show the location of Hy att's room, the furniture tn It sad the location of his room. He stated that Turner McAllister waa standing about eight feel from Hyatt when ho en tered the room. Dr. D.' F. Ounn was called by the ■tat* and testified that he was called for the night Hyatt was killed. Thought It wss about 10 o'clock. Saw a pistol on the floor about four or five inches from Hyatt's hand. Pistol looked like an cM dark looking and rusty. The pistol Identified in court as Judson Hyatt's pistol was not tbe pfa tol found, on the floor, as he had tbe pistol in hfa hand. On cross-examina tion he stated that he was about (4 years of age and used glasses, but could see very well without them. THE DEFENfiE OPENED. Col. Hammond opened tbe case for the defense. He counselled the Jury to carefully; Impartially atnl Justly consider the case, to always remember the other side In order to reach a wise and Just conclusion. He stated that they were preared to show that the defendant was forced to set as he did, in order to protect hit own Ufo and Intimated that there wan an un revealed motive that would prove a complete Justification, R. C. MclAlltatcr, brother of the de fendant waa the first witness called by tbe defense. He said he attended council meeting, being a member of tbe city council, the night of the shooting. On hfa way home wMto others he won met by a porter from tbe Cook bourn who Stated tbeee wss w fn«» 'ap-e's!—; fmi Turner MoAUlster and a drummer were quarreling. He sold be recognised bla brother's voice as soon as the porter told him. He said he started at once for the hotel, entered tbe office, passed through and started up-stair*, .vs be got to the head of the stab* he beard a pistol sbtat and be entered the room and aa whls brother standing then and another man with a pfatol In hfa band ■who was staggering and fell on the floor. Right after Mm came his brother. Will MoAMsier. and he told him to run for a doctor. He said Turner told him ha had to shoot. Shortly after Pope Hatchett came tn and he and (uwbett raised up Hystt's bead and placrsl a ntliow under tt. In a short time Mr. Mss thews, a drummer, came into the room and after him came Marshal Kill- ingaworth. The next persons who came In were Dr. Ounn and W. J. Greene. He ■»* (he pfatol on the floor. Had no reccdlevtion at seeing any on*; move OCIDS rW bjegi , HU {•Jail 0ls< c I cfiKii 01 i Hssl > rah List o The old-time visionary Inventor has given place to the practical, hard- wrok- lng professional Inventor of today. The successmri inventor must iiow ha a bustne+i nun as well os a man of mechanical idea*. The high tension of -the nervous sys tem. often kept up for months and months, makes tremendous draft* on the health of chose busy brain workers. Many succumb to nervou# prowmilnn when they seem Just on tbe point of surmounting every difficulty. Of all the countless recent useful In ventions none has passed through so many or so rapid a course of lmpcoviv ment* as the typewriter. Today the tatedt perfected machine Is undoubted ly the Williams typewriter, wfelcb rep resents a vast amount of cumulative In vention. John Newton William*. It* Inventor, was born In 184*. tn Brooklyn. N. Y. He spent bis curly manhood on tho western frontier. Subsequently he settled In Kentucky, where he became known as one of the most successful stock breed er* In the state. But It Is o« an Inventor that he has won his national reputation. Several moat useful and Important Invention* were mtule by him before he produced the WIIHanfa typewriter, a machine that probably excels all others In the moat Important features. Mr. Williams, speaking of the labor expended In bringing the machine that boors hfa name to It* present per fection. say*: “Some four years nex when engaged in experimental work on th" W{atoms', I was putting In about It hours per day of hard work and worry, and rttms near breaking ifowit. Although very partic ular and regular In my habits and care ful olboiit eating, my stomtuti troubled me. It was dttficutt to eat, and more difficult to digest and assimilate my food, and my stomach acting tn sympa thy with an over-worked brain. A friend had sent Home Paine'* celery compound to one of my buslnnfa as- to ths defendant Umt entered the room. He said Matthews went down stairs to get Hyatt’s address and ho went with Mm. lit* recollection was hfa brother Turner spoke about the pistols Just after 'Mr. Matthews came. He Said the pfatol was in Hyatt's hand. He could not say It wa* In hfa hand when he put the pillow under hfa head or wheth er It had dropped out of Ms hand as he fell. THE TOWN MARSHAL. Emmett Kinhiiwworfh testified h* whs In Fort Gaines the night of March 6. He said he waa town marshal and It was his duty to attend council meet ings. He attended the meeting of coun cil that nlgM. After council adjourn ed he went to the poetolfice to close the doom. About tbe time be closed the postoffice door* he heard u pfatol shot and walked ucron* the street to s store and a boy csene In and said Turner MoAlUster bad shot a drummer at tbe Cortk house. He went there ut onoe and met Will McAllister and Pope Haiuhett. He ran up-stair*, looked In and ran down and sent a boy after Dr. Ounn. He went up-Malra again and Mr. Matthews panted In ahead of him. Witness said Turner McAllister stood there sod said “There fa hfa pis tol and here fa mine,” and threw hie pistol on the bed. Wltnees said that Matthews looked for something about Hyatt or In hfa grip that would give hfa correct address. He said Hyatt was lying on the floor on hfa bock, one foot under the bed, s pillow under his head and hie pistol within six or right inches of his hand. He took charge oi Hyatt's effects, examined his pockets and found a pocket-book and knife. Said he had not seen Hyatt's pistol since he “x- prefaed It to Fort Valley. Bald ths pis tol was a SS-callhre Smttto A Weston. Was not positive that ths pfatol he sent to Fort Valley was the one IdsntiAed as HyOtt’s pistol but to the best of hfa knowledge and belfaf It was. He bad known Turner McAHIster fifteen years sod was acquainted with his hlitolts. He wss with him the afternoon of March -6 and McAllister was perfectly sober. Under cross-examination, the wit ness said that the shot did not attract his attention. It seemed to be at a dts- snee. He did not eee Matthews when he first went to Hyatt's room. He did not go into the room the first time. On »*■ ex .unit -I. tho srttn eg said Mr da: fata* AUS tt‘ first on-.- :: A rebtt'Xl nui iu iniu ink iwui wie iirpi but went upstairs, where he met Will MoAlfater and Piffle Hatchett st held of stains. They went downstairs and sent for Dr. Gunn. He was not poet- tire that he did not help open llyatt's grip. Took Hyatt’s effects horns sad kept them until about M o’clock next day, when he took them to tbe Cook bouse. Tbe grip and all other effects, witness said, were in bla possession until he sent them to Fort Valley. H* said be did not take McAllister's pfatol and did not arrest him, os he knew that be was In bis Wife's room. He said ha went down to McAllister's room once or twice to eee that be was there, lie did not know what became of McAllister's pistoL Ho did not pro duce soy of liyottis effect* st the coroner's Inquest and was not asked for them. He said he put Hystt's pfatol iu his grip at the hotel nnd took it out after he reached hi* room. He admitted the pistol was norout of Ms possession, and so fur ** he knew no one saw It after U came Into his pos session. He said the body of Hyatt was not moved or handled while h* was In the room. On re-dlrect examination witness was Baked what ms Ula relation to the McAllister family, and replied that he was not related to them. J. E. Peterson wa* the next witness. He said he went h> the Cook bouse Ih* night of March 6. He went there about hslf-psst ten. He saw Dr. Ounn, Creene, Matthews. KilUngsworth, Sharp and others. Saw Hyatt lying on the floor with a foot under tn# D*d. Saw a pfatol on the floor and on* on tbe bed. A grip was on the tabls. The pfatol on the floor was about ( inches from Hyatt's hand. He thought Kill- Ingsworth picked up tbe pistol. He thought the pistol Identified in court was the one he saw on the floor. Clarence Sutton said fie saw Turner MoAIHster the night of March 6th near Holley's store and’ spoke to him. He oould not say .what was hTs condition for sobriety. He saw him later, near Peterson's or 'McLendon's store, and spoke to hint. He sold McAllister told him Mr. Wlggin was looking for hhn. McAllister did-not stagger, sad seemed to be sober. Cross-examined, witness stated that afttr tearing MoAIHster, he went home, but wus not certain he saw McAllister the first time before supper. He did not remember seeing any one besides Mc Allister. J. 8. Coleman wss called and testi fied that he waa at the Presbyterian prayer meeting the night of March 6, and saw Turner on his way hornm He was not related to MoAUlster, but bad known him for years. He said McAllis ter seemed perfectly sober when he met him. Cross-examined, witness said he saw McAllister On ths wsy from prayer meeting. Met him near Sanders' store. MoAUlster and he had some etmveraar tkm about a boat and then separated, and witness went home. He saw SlcAl- USter later, and might hae# ttist Other parties, but was not sure. II* could not remember who was at prayer meet ing. He thought Mr. Sharfie conducted tbe service*. Dr. Sidney A Crumley at George town, Quitman county, was the next witness called. He said fie had prac ticed medicine for eleven yean. He bad experience in the treatment of gunshot wound*; Bald the conn* of a b*ll after it struck the body was vary » certain. A btillet was liable to M llected by the sklh tissue or boo*, tt ■■ a O e 1.- .. iks Alaneioa I would depend largely upon lit* distance the patties were apart Cross-examined, witness said if he probed a wound and found It took a certain course, and looking for the pface where the direction would ladi- aodatee, and knowing him and seeing what It did (tor hta thought I would try it. .1 rivnmr taking'K before meals, are! It st stimulated my appetite nnd attic gcetljn. I took two bottles and much -benefitted. “Again twn year* later I was trou wtth non'otemiwa anil tmUgce'.Iwi again took Paine's celery crux* with great benefit. My wife, of* long illness tmt summer, and m nervous prostration, awl some ! bin from Indigestion, concluded ti Paine's celery cominmnd. a few » ago- awl ffhe In now taking It steady Improvement. Several of friends have taken it on my d.V.km, and hr* now practical be) In Its great restorative powers. I h found the celery compound a tonic re-itoratlve that I could Iron upon confidence In time of. trouble.” Paine's ooiory compound makes. pie well! As a spring remedy it Is aurtsaaaed. cate the mlsallc, and he found It I would conclude that the shot tut t been deflected. M'ALLISTBU’8 BROTHERS. Will McAllister wa* the nest vrlts He said he waa mayor of Fort <M and was at a meeting of council os'! nfitht of March S. On hfa way Iron ( council meeting tie met Albert Wi;;. - who said Turner was having a fuss 1 n'’drummer. Sold hfa brother Hob ahead of him and must have been *t it head of the stairs when the heard a pistol shot. Went up sulr* i saw Turner In the room and Id*' the floor. Witness said he Beard I fall before he got to the room. Mr. 1 thews came Into the room liter sadl Hngsworth followed him. He «MI m ner told him he hod to kill 'Jystt« > kffied. DEFENDANTS STATEMENT- After a consultation with counsl If permission of the court Turner made a statement to the Jury. Hr a* that some time hut fait prisoned ( out of Jail. He got them hick i.gah*' had the Jail fixed. On Monday =5 March 4, he waa culled to the Jolt «** On the following day. Match S. ts* not feeling well and took some toj berry btrtors. He wan around to usual business. It being legal sslea He visited the jail again Tue*!»f« It was cold and defendant a* MJ on an overcoat. On his way hack the Jail he met the different boyi « Said they aaw him, got home »he»> o’clock and hts wife told him sooieoff wss making a disturbance up Z thought It was some of tho boarded m went up stairs and went to Hyatt - * fl* He said Hyatt seemed to be out « " mar and stated be hod called for » ter and If he could not get what he ed be would leave; tJ.it people** charged city prices should furnish pta» VII/ " ■iswssra. a—--—- - - accommodations. He saM that H tT trek exception te fcts repty *nd **•■”*” to pull a Pistol and he Shot him f ted himself. He described tn * fatly cool way how he shot Hf 1 " . effect the spot and how Halt f*“ . M said if Hyatt bad not drawn HU would not have drawn Ms and •*« bays fouaeht Mm with hi* fists *” _i best man would kava won. He expr bis regret tor ths act. but claimed ta bs bod cans* to act ** be dM. At tbe conclusion of the 4*"“^ statement the defehs* rested- Tn* announced that It bad wttnsss** «* wished tp rail In rebuttal but tmahto to produce them before and eotait was adjourned until * 0 TREATISE ON THE BOB ?, A new book, puMUhrti by Pf-P*!. SVisn. full of goal borae »?•* practical hints, finely Ulttsfrwed.^ be sent free of charge by seodlittFJ mme and address I«Mnlr Dr. Karl S. Sloan, Boston, 3U**' 1