Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-07

| Burch, Thompson, Bowlin, and witness were
| together going to the stream to battle when this
| talk occurred; supposed that Burch must have
heard the conversation. Witness finally acknowl-
edged that there was an understanding among
the boys that night that Austin was to be attacked
| the next morning, and he (witness) went to the
church to see the anticipated fight; the last two
shots Were fired after witness struck Austin.
| John o. BErch, sworn Went to the church
that morning and saw the boys get into a fight
Austin was Striking one of them, Who struck him
back with brickbat; Austin ran towards the
| church and Jim Burch ran after him. did not e G
the other boys run after Austin; some females
who were there cried out for the parties TO be pre-
vented from fighting; when witness entered the
church Burch was trying to take the pistol from
Austin, who jerked up his hand and fired; the G
very little time between the first shot and the
subsequent shots Jim Burch had hold of the pi. .
tol and was STOPPING over Austin after Austin
fired the first shot he sat down; Burch had no
use of himself after the first shot; John Donald
son tried TO part the combatants, and struck Aus
tin in order to get the pistol away from him.
CTOss-erdmiaed.- WITNESS is own brother OF
deceased; never had heard him speak of pre-
concerted fight with Austin; Thompson com
menCed the attack on Austin; he Is a boy IA years
OF age, not tall but chunky built; the other boy is
rather taller, but not so stout; Thompson chal-
lenged Austin TO fight; one thing led on TO anoh b.
er till BOwlin's boy came up; Bowlin ran mp 10
Austin and said something TO him, and then the
fight commenced; ''they ft him. and lac fit them,
and they all ft;' the females said don't let them
u0Ht jim DufcH ran alter tncln 10 Inc cntlrcl,
witness followed, with John Donaldson; witness
came i'm before the first shot was fred when wit
ness came in Jim Burch was trying to get hold of
the pistol; Austin was standing up, and Jim :
head was against AuStinS breast; Austin fired
and Jim fell forward; Austin then sat down and
fired twice more didn't see any one strike Aus
tin; saw Donaldson trying 10 get the pistol away;
Massey took the pistol, and Austin ran away;
when Austin fired, witness was so frightened that
he Could not tell the position of the other persons
in the house
J. Wesley Rnrch, orn-Did not see the firing:
arrested Austin who, after lac was arrested told
witness that he had borrowed the pistol from a
man living with Mr.. Brown, and that he had
done with il what he intended TO do; witness told
him to hush up, he did not want to hear anything
about the matter pretty soon Thomas Thompson
came up, and Austin again alluded 10 the affair
and witness again told him in Thompson's pres
encc to 90 hush
,CrOss-sramiHsd-Austi did not seem to be at
all excited
Robert Massey sworn-The boys were all sit
ting around, and fuss occurred between Austin
ana two other boys; was standing in the road
John Donaldson was talking with Burch who
sat on his horse; the boys all ran towards the
house; James Burch ran too witness ran towards
the house; when he entered Austin fred
CrosS-eLamined.-The small boys commenced
the 1uSs; Thompson begun by saying to Austin
that lac had heard that he (Austin) had threatened
10 whip him (FhompsOn) and his little brother
Austin denied having said so Bowling then
came up and asked Thompson why he did NOT
knock Austin down; they then attacked Austin
and the fight commenced; they ran to the church,
James Burch following; when witness got TO the
door Johh u. Burch was standing in the door
with two other boys. and Austin was sitting
down firing at BurCh; did not 90 to church to see
fight; had no idea of IT. Austin fired three shots;
did not see any one strike Austin; witness took
tue pistol from Austin; did not strike him; did
not zee John Donaldson strike him; is no relation
OF the Burches; did not see whether Ausvn got
INTO TIE church first or not; saw Donaldson fire
the pistol after the occurrence
Mr.. Stuart, for prosecution. here said that two
OF the important witnesses for the prosecution
were absent, and sked that they might be exam
lned during the progress of the defence and that
their evidence should 90 in with the eXaniua-
ton in chief; to this the counsel for defence did
not object and it was agreed
Mr.. Smith now commenced the examination on
the part of the defence by Calling
isaac pstteh, sworn:-At the commencement
OF the affair was standing near by on the road
side Austin and the two IIarrisons came IN the
road; when they got near the church witness saw
Thompson walk out and take off his hat and coat,
and tell Austin that he had got 10 Hobt him
Austin said, What have TO figbt Won for ? 7
didn't come here to fight; | came to SUNDAY
school; - more words Were passed; then Thomn.
son came up TO Austin and struck him; Austin
LETT and walked up on the bank: John Burcb
John Bowin, and Thompson commenced TO talk
with Austin; John BurCh said he had \ knife
which would cut as deep as Austin's: John Bow
I'm SAID he had pistol which would shoot as
deep AZ Austin's; Austin replied that he Thought
IL llkelyi Bowlin went into the road and took up
stone; John Burch struck Austin; BowIin said
10 Austin. -" \ on Yankee son of bitch, III kill
YOU" and throwed the stone at Austin, who
threw up his arm, and the stone Dassrd over his
head and went some distance beyond Bowlin
ran at Austin and struck him with his fist and
then took mp a large stick and commenced 70 heat
AuStln across the face and about the head:
several blows Were thus struck by BowIin
witness tried to stop this, and told Austin To
run or they would Kill him; he did so. and
James Burch got from his horse and ran after
him with the other boys to the church. tho
all got in the church and the door was closed:
witness called to Donaldson to come and help or
they would Kill Austin; the door was now open
ana witness went M. and saw the deceased
Burch, with both hands IN Austin'S hair: John
burCh also had one hand in Austin's hair and
the other in Austin's pocket; Austin was doubled
up; Thompson was standing of and not inter
feriny; witness saw pistol in Austin's hand
ana heard in another moment discharge: viii
ness then called to two gentlemen who were paSs-
ing to come in and save Austin; they replied that
they could do no good, and passed on: witness
then called Massey to come and he stop the H. ht:
while witness was calling for help the other shots
were fired; did not 20 into the church after that;
saw Austin come OUT his hat was of and his face
bruised and bleeding; the parties all ran ter him
as he fled, and two pistol shots were fired at him:
Bunch was stout man; didn't know OF any anti
cipatrd fight before the occurrence took place:
went there to attend the sabbath school
Cross eTd1ninsd.-A was the first one wit
ness saw enter the church; when witness saw him
IN there his face was bent down toward the ioor;
hand James Burch was pulling his hair out !;
standing over him; Austin was i'm this bent posi-
tion when he fired didn't see any one strike him
the stick with which Austin was beaten was 4
large red oak one and had some dry branches on
IT; saw the injuries on Austn's face; he was
bleeding freely; heard Miss Ball call on the by
ISLANDERS not 10 let the parties fight she did not
appeal to James Burch more than to any one pre-
sent; the whole difficulty was brought on by the
parties without any kind of provocation on the
part OF Austin; Austin did not attack any one
but tried to avoid quarrel; witness told Austin
to run, because he was afraid they would kill
him; the two boys who commenced the attack
Were great deal too much for Austin; and if he
had not run, they would have perhaps killed
him
Mr.. Stuart here asked that the Court would adj
Journ, as II was impossible TO close the case to-
day, and suggested that the witnesses be notified
to be at the court at O'Clock q. m, on Tuesday
morning. 1t was so ordered. and at half past 1
?. m the court adjourned to Tuesday morning at
Q O'Clock.
TRIAL OF MOVING MACHINEs-A trial ofmow-
ing machines in Mercer county, New Jersey, last