Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1856-04-30

young Everett on the steps His father then ad-
vanced pistol in hand. let 60 j. II. and went to.
fired at each other. Did not catch the old man as
he gave back The father popped cap before the
Young man and MCGOWAN got together. Held
to j. H. Everetts pistol when got him down on
the steps. II might have fircd-somc pistol did
Mcdowan was shot down ten or fifteen PAGES from
this place. Thought the young man shot him down.
Don't know who struck MCGOWAN on the face. Old
man got up to them as MCGOWAN fell Did not see
Price at this time.
Cross-examined by Mr.. Moore.-Crowd wanted
McGowan to read the letter. Told him he had
friends there. MCGOWAN was reading letter to crowd
Young Everett asked him to rerract MCGOWAN told
him to come down and it would be settled. Everett
was much excited. MCGOWAN said, IL sec you have
your hand in your pocket am prepared" Saw
the old mans pistol pointed at MCGOWAN from be-
hind. Saw him burst the cap. Did not see Nc
Gowan's pistol when the two came together Did
not hear MCGOWAN saw he was able to shoot Saw
pistol fired a j. H. Everctts breast. Could not have
had ball in, or it must have killed him. Thought
McGowan fired more than once. Cannot tell whcth-
er or not took the paper from j. Fl. Everett to
McGowan. Did not ask MCGOWAN to retract. j.
II. Everett asked me if l would take such Ian
guage as that, applied to your wife? and the rascal
won't retract"
Re-examined by Attorney General Saw young
Evcrett's pistol when he stepped on the ground
Saw Simon Everett take sight at MCGOWAN. before
He SdW tue cap OulSC y. II. Everett QfcW before
McGowan did. Caught his pistol. 1t was six
barrel pistol Thought it fired twice while held
it. Simon Everett might have fired whilst held
the young mans pistol. Did not see him. Parties
were separated three four feet. Do not know
how they got together again. Can't tell anything
about the paper. BY Mr.. Moore.-Cap burst first
time they got together. Kept my eyes on them
Too much firing to be looking about. BY the At.
torney General.-It was about ten feet from the
place of the first meeting to where MCGOWAN fell.
witness named Milan testified to seeing j. H.
Everett trying to turn the muzze Of his pistol to-
wards McGowan's head--he trying to prevent him
from doing He at last got it right" and fired.
MCGOWAN fell. Saw Simon Everett fire one or two
shots at MCGOWAN whilst he lay on the ground
Was satisfied MCGOWAN did not fire while on the
ground.
DIR. Long testified to the character of the wound
He described the jaw bone having been fractured
into several small pieces. Attended MCGOWAN eight
or ten days. when he was taken to Raleigh. This
closed the evidence on the part of the State
Mr. Moore introduced the testimony on behalf of
the defendants in brief address to the jury, in
which he contended that there evidence
whatever against the defendant Price. After re
viewing the testimony offered by the State he
called
L. R. Lauther, who testified to McGowan's refusal
to rctract. Saw him with paper which he refused
to sign. The Evcrctts were not present at this time.
Did not see any writing. The parties moved to the
front of Campbelps store McGowan wanted to see
The Everetts. Young man came down Campbell's
steps Each wanted the other to rctract. j. ii.
Everett was much excited MCGOWAN said, 'You
need not grit your teeth, am not afraid of you"
Heard cap pop. Did not know who fired. Ran
round the post to protect myself McGowan put his
hand i'll his breast and pueda pistol out McGowan
was willing to retract if they would do so. Saw Nc
Gowan put pistol to j. II. Everett's breast. Can't
say whether young Everett had pistol drawn
not.
Cross. examined.-Can't tell anything about the
paper Would not know it if saw it. Don't know
how MCGOWAN got it. Did not know what it was
MCGOWAN refused to rctract j. II. Everett said
Had his hand in his pocket Might have had pis-
toll. Did sec it. His hand was out of sight on
his right side.
MCGOWAN re called.-Got the pistol from news
boy at Weldon. Did not know who sent it. By
the Attorney Gcnera.-Fired but one shot,
Allen re-called-Do not know the pistol Mellow
an had Did not see who sent it.
4 Magistrate named Parker testified to hav ing is
sued warrant for the arrest of the parties an
affidavit from MCGOWAN. The parties were brought
before him in high state of excitement. He thought
to settle the matter amicahly, and made PROPOSE
ton in writing requesting that the Eyeretts should
be satisfied if McGowan would sign it. Sent the
note to McGowan 10 sign Did not know who took
it. Received answer that if the Everetts would re-
tract, he would. They agreed, and seemed pleased
Allen came in ant. stated that notwithstanding this
arrangement, McGowan wanted the parties bound
over. Witness required MCGOWAN to DC there to
take the oath as he witness was not certain they
were the right persons" The Everetts left in an
excited state. Witness "callcd them to desist"
! The firing then commenced Did not know who
were firing. When the firing he went out
and saw McGowan down. Thought he soon would
die. j. II. Everett was gritting his teeth
Cross examined.-Did not know what the Ever
Allen was. BY Mr.. Moore.-Thnught Price went
out of doors with the Everctts. BY the Court-The
parties brought before him after the assault
Did not know who had pistols.
Officer Howell testified to arresting the PARTIES
Made no resistance. Before the assault, he took
note to McGowan who refused to sign it. He would
retract if they would"
j. F. Simmons callcd.-Went to see what was 60
ing on Saw bowie-knife-heard crack-con-
cludcd they could get along without him-and left.
| laughter MCGOWAN had Everett down the
steps. Saw no weapon but knife.
Can't. Riggan re -called.-W at the cars when
| the note was brought to MCGOWAN He refused to
sign it, land repeated what he had said" Drew
out his pistol and ourshed it over his head. That
| was the only weapon he saw that day.
| Geo. Smith testified to hearing MCGOWAN ask j.
! H. Everett to come down from Campbells steps,
"They could not scare him McGowan said Saw
his pistol first Put it to Everett's breast. Thought
he would KILL and left.
Cross-examncd- The elder Everett was behind
MCGOWAN the ground. Don't know if he fired.
MCGOWAN might have killed j. H. Everett, ifhe had
thought proper. This closed the evidence for the
! defence.
The Attorney General called Jno. Spelman, Geo.
Fisher, and W. A. jenkins, who testified to the
character of MCGOWAN, as being that of an honest,
sober, and industrious man, and as being good for
truth.