The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-07-21
LOCAL MATTERS.

"a
.i e warrant OF arrest was issued appeared al
n e couhty Court-House, and soon thereafter
v T HeG USED took his seat at the bar represented
i,hnra. august, Esq, as counsel; Marmaduk.
prosecution S DA Va 'i'
10 ne circumstances attending this affair. ma,
.1'd summed ,ril up in a few words Mr. Malone
iie PIisoner, owns n lot Of ground on O street
between 3lst and Sod easf of tha .ornnra.
limits, ana In naighborhood which has beer
very much annoyed by bad hoys Not onI,
i .i,s safuen f ana orchard had been trespasseo
upon frequently, but his fences had heen bro
ken down from wantonness his servant abusef,
anu MS VINE insulted, at yarions times On
ne DAY OF the shooting, Malone was confined
To MS mouse by indisposition, and ON that Yer,
morning had been comnelIed ~ M .ro ;n.o ~.
orchard and drive out a party OF boys wh.
were plucking his green fruit and breaking anc
inIuring MS trees That afternoon his orchard
was again visited by boys, seeing which. h,
took his gun, went ont and fired il woundinp
young Butler, who had not been uuon his pre
Inises, and who was never seen in that neigh
oorhood before. This lad, when shot, was in
32d street, going up hill, and had not even
seen Mr.. Malone. He had been to Blakey's
mill pond, with other lads to bathe, and by
accident only found his way to where he was
SHOT. lie IS an intelligent, orderly, we!l-be-
naNed child, as all who know him say, and il
is therefore gratifying TO know that he has re-
covered from his in iuries and was able to At
tend Court and testify.
When the list of witnesses WAS called, some
fifteen or sixteen of them answered to their
names. Want of space will prevent our Civ
ing he testimony in full, but, by emitting re-
petitions, we present, substantially, the case,
rs made out before the Justice commencing
with the first witness:
ONO l.. Butlcr.-On Wednesday afternoon
last IN company with my two cousins Charles
ana Isaac GENTRY, went to Blakey's mill
pond to battle. and met several BOYS there
just before sundown We all started home, in
company with Mr.. Charles Richardson. there
being twelve or fifteen of us together. On our
way, we went to Haley's spring lin rear OF
Malone's orchard) to get drink of water
The spring was in Mr. Gregory's enclosure
and Isaac Gentry and William II. Stratton got
over the fence and handed us water Some OF
the boys sad there were peaches in the garden,
ana Emmett Bell and William Boykin went
into Malone's orchard to get them the rest of
the boys standing by the fence or sitting under
the tree in the street. Soon after Bell and
Boykin returned, l heard Charles Gentry say
malone is coming with gum / then walk
ed on and started up the hill in the direction
OF Gregory. house. Some of the boys had
gone before me, others We're sitting down near
the fence. Charles Gentry was within yard
or TWO OF me- ard other bows We're behind me
but not in direct line with Malone As
walked up the hill l was shot, seventy six
pellets striking me from my head to my an
Eies , had not seen Malone, and did not see
him when he fired the gun.
Cross Examined.-I did not go into Mr. Ma
lone's orchard, nor get upon his fence. Isaac
Gentry sat upon Gregory's fence, near the
spring. L was never there before. None of
the other boys were shot l was walking fast
at the time l was shot. Can't say whether the
other boys were walking or running Mr.
Richardson left before 1 was shot
Charles w. Gentry.-(This witness con-
flrmed the statement of young Butler up to
the time of arriving at the spring and getting
water) Some one said Malone was coming
with gun. L looked and saw Malone runnin z
towards us, but did not think he would shoot.
! was then going up the hill towards Greg
Rutipr bpinr rl Ep
hind me. My brother Isaac was sitting on
Gregory's fence, and L told him TO get down,
which lie did. As soon as Malone passed
around n tree on his premises he fired on Otho.
| told him l would have him arrested. He
then sad he would shoot me, and raised his
gun, but did not fire. Don't think any of the
boys saw Malone before he fired, except my
self None OF the boys had pis tolls. that know
OF.
Cross s-Examined.-Otho Butler had not been
on Malones premises, or trespassed upon him
in any way. When shot he was going up the
hill, and was within two yards of me. Malone
was about tWenty-three yards from us when
he fired. Otho was the first one he saw. None
of the boys had been i'll the peach trees. We
had been at the spring about ten minutes. /
heard no words between Malone and any of
the boys, some of whom were sitting near the
spring ct the time he fired. Emmet Bell and
VIM Boykin took the peaches. One got two
the other one. l saw them when they went
into the orchard, but did not tell them it was
wrong to do 80. have heard of boys being
in the orchard before, but never saw any OF
them. Being the largest boy, I suppose he would
have shot me if he had seen me first. Tha'
night Malone said he did not know that Othu
was Pat Buffers son, or he would not have
shot him for the world. OthO lives az my house
lie is peaceable, well behaved boy. l am but
fifteen years Of age. l never was in Malone
orchard
the shooting. Returning from the pond, i
wanted water, and the boys went TO Haleys
spring with me. Some of them got over and
gave us drink. Two of my sons Were along.
One OF them had gun, and was trying to
shoot q cat-bird for his little brother. AS
was about to start OFF, heard some of the boys
mention peaches, and | told them not to trou-
Bile anything. There We're ten or twelve boys
in the croWd-they were orderly whilst with
me- l left them all near the spring. VIM. H.
Stratton was the boy that spoke of the peaches.
/ had not left them twenty minutes when l
heard the report of gun.
DR.. Briggs was called to see Otho after he
was shot The wounds were not at all dan
gerous and the shot must have been fired at
some distance, to have scattered as they did
They were bird shot, (No. 81 and merely pen
eratSd the skin.
p H. Butler the father OF Ohio, Oh hearing
that his son had been shot, after securing The
services of 4 physiciap and visiting the child,
obtained a warrant ana went with Constable
Thomas to arrest the prisoner. We found Ma
lone sitting in The street near his house alter
the officer ARE. ted him, said he wante to have
talk with me-thht he would not have shot
Otho for anything in the world, II he had
known him, and was very sorry for what had
happened. If he had known OHIO, would
sooner have given him anything ON the place.
than to have injured him. Witness has known
prisoner ten years, and they We're always
friendly. lad never been intimate, because
they did not1i in the came neigh borhood; but
had no reason TO suppose that prisoner would
iniure him or any of his children.
VIM. J. Hicks, in July, 1853, heard prisoner
say If he caught any boys in his garden he
would shoot them.
Robert Smith, some twelve months ago.
heard prisoner say he would shoot any boys
that he caught in trespassing on his premises
BENZ. Mosby, some two or three years ago,
when party were talking about chicken
thieves, heard prisoner say he would shoot
any one that he might catch leaning on his
fence
VIM. II. Stratton.--I was with the party at
the spring. Emmett Bell pulled one peach,
and VIM Boykin pulled two. David Richard
son and Isaac Gentry goto,er Gregory's fence
aud gaveus water. l was going up the hill in
advance of Otho when he was shot. Turned
when 1 heard the report, and saw Ohio clap
his hands to his back. Charles Gentry was
behind me. Saw two boys in the orchard once
before. Ohio had not been in Maione's lot.
VIM. Boyhn.-Saw Malone coming with the
gun. Ohio was in the street, about six steps
from the tree, when he was shot. Emmet Bell
and myself went into the orchard. J. never
was in there before. We were in Gregory's
iol, getting DidckDerrlts, WheH we saw tlc
peaches and went after them There were
about twenty boys in the crowd
Thomas Enmet Bell.-Wm. Boykin and
y>elf went into the orchard and got some
peaches. We had left Malone's and were 60
ing up the hill, when the gun fred was be-
fore Otho. He did not go into the orchard.
Mr.. johnson said he was willing to rest the
case on this evidence, without going further
Mr. August then called and examined the fol-
lowing witnesses for the defense:
Robert Smith, stopped ut the spring to
get Il drink of water, and heard VIM Boykin
say he would 20 into the orchard and get
peaches if Charles Gentry would go with him.
None of them went while remained at the
sprinn fter I left I heard the renort of