Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-08

to touch him; Thompson took off his coat and
laid his hand on AuStin's arm, and said Snow
We touched you;' Bowin was there and said to
Austin that he had heard that he (Austin) had a
pistol; Austin made answer. elf have one and
you force me to pull it out I'll use it,, Bowln
said there were pistols in the neighborhood that
would shoot rs deep as Austins; Austin said he
doubted it; Bowlin and Austin then struck Aus
tin; Austin struck back; Bowlin went down to
the road and picked up a stone and threw il at
Austin, who stopped down to avoid it; he then
ran up to Bowlin, caught his ears and shook him;
Thompson started off and Austin followed him.
Thompson ran around the house and Austin
passed by the door some two yards and stopped,
and then ran into the house; BuTch was light be-
hind Austin; girl miss Mary Ann BallS cried
out from the bystanders not to let them fight;
Austin went into the house before he drew the
pistol when witness entered Austin was in the
back part OF the house, and Burch standing over
him. Austin jerked himself away from the grasp
OF Burch and his hand being free he fired; Burch
immediately lost the use of himself; his hands
hung down, and Austin sat down on a bench and
fired the other two shots; John Burch did not
enter into tue ARRAY in the house, James Bur- Ii
was only trying to get the pistol away from Aus
tin when Austin fired; Burch got of his horse
after the girl cried out to stop the fight; BOwlin
Is 4 cousin to James Burch; it was after Austin
fired the three shots that Donaldson struck Aus
tin; he then hit him several blows with his fist.
The preceding witnesses were examined for
prosecution after the evidence for the defence had
been commenced. according to an arrangement of
cvunsel on yesterday.
The evidence for defence was then resumed
Or. StaGler, swon.-Was called on 18th day
of June TO see Austin in Jail examined him ali
over; he had various fresh wounds and bruises
about the head and face.
Thomas Hall, sworn.-When witness got to
the place the parties were not fighting witness
stood by the church, started, and went near
standing under some trees; Bowln and Thomp-
son came up to Austin threatening him with their
lists and with clubs; presently James Burch got
off his horse and chased Austin into the school
house; witness went i'm at the same moment: Aus
tin went i'll first and Burch followed him rum
ming across the room after him; he seized him bv
the hair and beat and kicked him; Austin was
doubled up, his face towards the floor; while
Burch was kicking him, Harrison Thompson
came up and struck Austin; didn't see any one
else strike him. didn't notice John Burch there;
the parties were in the northwest corner of the
room from the entrance; Austin was against the
wall, and could not run any further, without 90
ing through the window; pistol went off heard
lree shots In the house, and after went Ou heard
two shots more outside; witness saw the fight be-
gin with the small boys and Austin was pushing
them oil but when Burch aud the large boys ran
up Austin ran to the house; Miss Mary Ann Ball
cried out for the large BOYS TO stop the ii Jbt wit
ness never head Austin swear i'm his life; has
known him six months.
Cross ned.-When Austin went in the
house witness ran in at the same moment by his
side; Is sure Harrison Thompson was beating
Austin in the church, there were three parties as
saulting him in the church, Jas. Burch, Harrison
Thompson and John BowIin: witness saw the
pistol at this time; Jas. Burch and III Thompson
had hold of Austin when he fired first shot; don't
know who took the pistol from Austin
Robert 's'tch, sworn. Don't know what hap
pened out of doors; Austin came in the church
followed by James Burch, John Burch, and
others; James BurCh took AustiH by the hair and
kicked and beat him, and John Burch struck
Austin; this was in the back part Of the church;
they got Austin down and James Burch kicked
him; Austin was doubled mp with his head down
and James BuTch was kicking, and John Birch
striking him, when Austin fired; soon the piss
N zen nfTfN
and ran home; (witncSs WAS small and very in
tellisent bOy;) have known Austin two wears; he
never sweafs, never heard him; never knew him
in difficulty before.
The cross examination of this witness ELECTED
no new point.
RObt Harrison, sworn.-Saw Harrison Thomp-
son attack Austin, and challenge him to hglt;
Austin replied that he came to Sunday school be
did not come to light Thompson said he should
fight, and struck him, and john Bowlin also
struck him, and threw stone at him; at this
point of the atfIay James Burch who sat an his
horse, looking on, said that he must have a hand
IN that fight, and got off his horse and run after
Austin, who fed in the school house; Austin Is "A
peaceable boy, and never gets in dilficulty; he
never sweaTs; would not fight, unless driven into
one.
,niHed.-Austin came TO the place i'm
company with witness and witnesses brother;
nothing was said about expected fight that
morning; was quite near the parties when the
fight commenced
ThOnaS Harrison, sworn Saw Bub ThOnp-
sun hu>tln huStln refused. and
Thompson struck him; Bowlin took up a stone |
and thrOwed it at Austin, saying he wOuld kill |
him. Quaker son Of d bitch, if he could; James
Burch here got off from his horse and said, 81
must have hand in that fight, > and chased Aus
tin into the church.
CrOSS-sTamiHed.-Wa not aware that there
was to be fight; did not advise Austin not to 90 |
to the church; did not know that Austin was |
armed; never knew that he had pistol Austin |
said nothing about an anticpa fight that MORN
ing; when Thompson took off his coat and struck |
Austin, he (Austin) walked away upon the bank; |
he did not show any disposition TO he uuarrel- |
some; witness asked Austin to 90 TO another
church, but not in consequence of his having |
heard about fight at Mount Carmel OH that |
morning.
Malcolm Douglass, sworn.-Was not at the |
church till the atfray was all over John Bowlin |
lives with witness; has heard him utter threats
against the prisoner; on Thursday previous to the
affay was working in a corn field; John Bowlin |
.nd several boys were there working; John Bow |
lin talked of what they intended to do to Man |
vile Austin on the coming Sabbath; il was his |
intention to stand on one side OF the church door
with Bub Thompson on the other, and when Aus |
tin should attempt to enter, to catch him and |
whip him. Massey was present and told him he |
had better let Austin alone; he had heard that A
was armed, and he (Bowlin) might get shot If he /
troubled Austin; Bowlin said he did not care |
that they would whip Austin: and if he had arms
they would kill him
Messrs. Hays and Pierce were sworn, and rave
the prisoner an excellent character; they had |
known him three or four years, he was a Young
man of great moral goodness; never swore; never
fought with the boys.
The evidence closed with the examination of |
NOEL Drummond, magistrate, who was called 10
I'VE answer in relation to the evidence OF Isaac
Veitch, given before him, the day previous The
witness did not in his examination throw any adj
dltiondl light on the matter at issue
Mr. stuart, addressing the Court proceeded IN
quote the authorities governing cases of homi-
eide, and laying foundation for 4 deSsion at the
hands OF the Court, which should hold the
prisoner In custody for trial. He commended
there was nothing directly in evidence TO
show conspiracy on the part OF the boys To at
ack Austin, that several witnesses had testified
point blank that there was nothing preconcerted;
az dwelt on the fact, which he said more than All
ended to duplicate Austin as Il criminal that of
bnrch not having joined in the atiiay, until the
prisoner had beaten and maltreated larshly the |
deceased ; relative, Bowlim; that Burchs c0nl-
ng there on horseback was not designed, he be
ug out IN search of his colts and knowing moth
hg OF the fight until ii occurred. Mr. Stuart
poke with great caTnestnesS and much legal
cumen.
air. Smith, for the defence, said that he wauld
ave been entirely willing to have submitted the
slSe To the cunrt without aruument but fnr Sopna |