The Arkansas advocate., 1835-05-01
PULASKI CIRCUIT COURT.
APRIL 23d. 1895.

Isam Pelton. Prosecutor, CUMMINs- Counsel for the defendant, CHILDREss and PIKE, (appointed by the Court.
 The Prosecutor opened the case (affer a jury had been with some difficulty obtained and empaneIed,l and was followed by Chil- dress---and the evidence was then heard as follows
 JorraH .McCarty, for the Government. The condensed report of his evidence IS as follows
 'sOn the last day of January, 1885, de- ceased came to his (McCary's1 house, where prisoner was boarding. Williams interrogated him concerning some language used by Pelton (:he deceas6d1 about the prisoner-which Pelton denied. Witness thought they had made friends. Prisoner and deceased left witness house together. Each had a gun. Prisoner had witness gun. They returned in the evening. Pris- oner rode up, gave gun and shot pouch to witness, and went into house. When he first rode up he asked deceased to alight. He rode on piece-then turned and came back, had rode past 40 or 50 yards. Wil- Hams stepped out and asked him 10 light Pelton said he was in a hurry, and asked Williams to come out and drink with him. Williams went out---Pelton handed him fhe bottie---Wiiiialns drank---wishing Sam Nix on and Isham Pelton were on the mud sill of heii. Pelton wished Williams hanging on the centre hook of hell. and flame of fire round him as big as the Biakely mourn tain. Williams caught inc knife out of the scabbarC of the pouch on witness aru--- turned towards Peton and told hin if he did not clear himself out of the yard he'd cut his damned throat. Williams told Pel- ton that he protected horse thieves. Pelton said he would go as soon as he got his bot tie stopped. He said that Williams had been trying to quarrel with him all day, but that he would not notice him. Witness stepped away to set the gun down to stop the bottle, Pelton rode about ) or 20 feet from Williams, turned round, presented his gun at Williams, and said if he came foot nearer he would blow him to hell. Will liams stood still when Pelton turned---don't think he moved at all---he did not advance. Witness wife told him to send Pelton of, and bring Williams into the house. Went to Pelton, caught gun by muzzle and mare by bridlc, led the mare to the bars, let the bars down, and then left the mare 10 stop the bottle. Pelton cursed, and raised his gun again to his face, pointing towards the house, at Williams of ceurse---his wife cried to take care or he would be shot. Looked around, saw Williams with his gun up, and hooed to him not to shoot. Both guns were up. Hadn't more than spoke when gun fired. As he turned his head Pelton fell. Jumped oyer the bars and asked Pel- ton If he was hurt---said he, he has killed me- Pelton's mare run off and Williams caught her. witness told him not to take the mare---when he replied he was going for Dr. McWilliams. Witness was with Pelton when he died---he was shot on Sat urday evening, and died on Monday morn- ing Pelton did not get off his horse until he fell of. Pelton's gun had feather in the touch-hole when they picked her up. She was cooked when they examined her for the first time afterwards. Williams ad-
  Witness heard Pelton swear--had his head down, and when he looked up, saw pelton raising his gun--iooked around and saw Williams raising his gun. He could not discriminate between the curse by Pelton, the cry of his wife, his seeing Pelton's gun up, and Williams gun up. They were then 40 steps apart. Williams was standing where he left him. He had set the gun against the house about 15 or 20 feet from where he had left him.
 Cross eramined.--The place where wit ness set the gun was nearer the bars than where Williams stood when he shot. Pris- oner did not advance upon deceased when he drew the knife, and did not flourish 1t any. Deceased rode off about l5 or 20 steps before he raised his gun the first time.
 .Mrs. -Mc Cafy-for the Government. Stated inc same facts as the former witness except the following
 That Williams came into the house when he returned, and sat down by the fire few moments---got up---went to the door--and asked deceased to alight When deceased raised his gun the first time, prisoner told him to shoot. While McCarty was leading deceased out of the yard, prisoner passed witness--went to where the gun stood passed back to the place where he stood before--raised the gun and held it up long enough to shoot twice. Deceased turned, raised his gun, and the prisoner fired.
 .Mr. Hoiman--for the Government.
 Williams and the deceased were at his house that day--drinlling, and shooting for