Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-03-29

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TIE sToUT AID FEBTs AFFRAT.
stout Tried by Committing Ceurt aud
Discharged.
Ira A. stoui wss srrsigned yesterday morning be-
fore comnitiing Court composed q justices Rob,
ertsen, Msxey and CalsaEt, q charge Of assault
ing and maliciousy stebbiHg J. v. FelIs, sAtur-
day last
Andrew Creighton testified that he was at the polls
a. the Gaiety Theatre on Saturday about baF past
two o'elocl that he was sitting on one cad Of the
table ussdb BY the judges and Ira A Stout on the
opposite end that J. W. Felis came up to the door,
and that shortly afterwards soae one remarked tha.
Stout was ahead, when Fslts remarked that he DID
not know how stout he was .hen, but that he was
not as stout as when he took him Of his (Stout's)
fsther some years sgO. Stout then stepped ont Of
the door aad shaking his fist at Fels, said that he
or anybody else who made thsl charge vas a dam
ned liar. Fells retorted, "I can prove it," when
Stout again denounced him as damned lisr, still
shaking his fst under Felis' nose Felss then made
characterization towards Stout, but Mr. Creighton
could not tell whether he struck him. scufis en-
sued, and shortly afterwards he heard some one
cry out that Stout was siabbing Felts He then
made his way TO where they were fighting and
sisted il separating then. Mr.. Creighton describ-
cd the cane which Felts had in his hand pretty
large one, but he did not know that it contained
sEerd until after the fight.
div Morton testified that Mr.. Felts was
brought to his Office in few minutes after
the stab vas inflicted. When he discovered the
wound not more than an ounce of blood bad flown
externally; Fells appeared pale sad disposed to
faint was requested to lie down, when he became
entirely puseess and remained so for two or three
hours, after which reaction took place. and he
grew better The wound is in the left side between
the eighth and ninth ribs, running doWnwards and
backwards, and penetrating the left kidney. DR..
Morton thinks it doubtful whether Felts sill live
though at this time he is doing as wen as could be
expected fr0ma wound Of SO serious a nature.
- Brantley testified to the origin Of the diff !
Guilty, Substantially narrated by Mr. Creighton, but
he could not say which struck first. When he cav
them 6rst after the fight commenced, Felt had his
stick in his left hand when Stout caught it near the
large end and the sword came out. Simultaneous-
y Felts commenced striking with the stick and Stout
stabbng with the sword; Stout retreaiing the means
while, ard be thinks Stout was on one knee when |
ne stabbed Felts.
To question, Mr. Brautly stated tina. when they |
Robert Barr testified to the origin Of the Difficult.
~ as narrated by the previous WITNESSES. After
Stout denounced Felts as damned liar the second
time, he saw Fslts put his hand stouts shoulder,
but could not say whether he struck him; Stout
wrest the stick from Fels and strike hin oa the left
side OF his head and attempted 10 strike him again.
when Felts caught the small end of the stick caus-
ing it TO part and the sword to come out with which
Stout commenced stabbng him, making three or
four thruss, when they closed and fell in the street.
Fets being on top. When they we're separa ed be
(Barr) remarked to Fets that he was stabbed, to
which he replied that he did not think so. Felts
then unbuttoned his vest and Mr.. Barr supposes he
saw some blood from the wound in his side, al
though hO BARR saw none, when he drew small
dirk or dagger which appeared be fastened to the
Wastband of his brseehes, and rushed at Stout, who
retreated, saying that he was uusrmed. Fslts was
then eauget and taken away.
W. J. Taylor testified to the origin Of the difficult
~ substantially as narrated by the previous wit
nesses. After Stout denounced Felts as a damned
liar the second time Felts struck him with his cane
abOuthe head shoulder when Stout wrs from
him and strlck him three or four times. They thea
fought until they reached the middle of the street.
]
was advancing. At this point both got hold of the
stick, when it parted the end containing the sword
being in the hand of Stout, with which he commence
ed stabbing at Felts, making three four thrusis
and FeIts striking with the stick. Stout was in a
falling position when he stabbed Fets, who closed
upon him Immediately and they fell, Felts upon
top, after which they we're separated.
o. F. Noel testified that be came upon the ground
after the fight was over that he met Stout about
twenty yards souh Ct the theatre and that his nose
was bleeding IrOfusely from a severe wound caused
by blow.
P. Lawrence testified that after Stout denounced
Felts damned liar the second time, Felts caught
him by the collar of his coat, with his left hand his
cane graspei near the middle in the same hand, and
struck pushed Stout with his right hand; that
Stout wrenched the cane from Felts add struck him
with il; that Felts caught the stick when it parted
the sword coming out in tie hand of Stout who then
stabbed Fsts. While they were fighting Stout was
and Fets advancing all the time. When
the remark was made to Felts, af er they had been
separated that be stabbed, he drew dirk, con
ceaed under the waistband of his points, and rushed
at Stout who retreaied, remsrkiug that he was IN
armed.
bV'NAdl SbucI NltHetbes were Duh lDeLF &
is unimportant
The Court hen repaired to the room Of Mr.. Felts
to take his testimony but he stated that he was too
much exhausted TO unicrgo an examination, and
they returned to The Court House.
After brief summing up or statement of the
points of the evidence and The law touching the case
by counsel for the prosecution ana defense,
the Court decided, unanimously, that, according to
the evideree the defendant, Ira A. Stout, was not
guilty as charged in the indicment-that what he
did was clearly in self Defence and that it was their
6lty TO discharge him.
This announcement WAS greeted with considerable
applause.
Messrs. N. VI. Brien, Herman Cox and W. G. Brien
appeared for the prosecution, and Messrs. Andrew
Ewing, Ben. Pilmsn, NJ. Vaughn and R. W. Mac
GaVock for the defendant.
Kansas Correspondence.
Topeka, X. T., March 10, 1889
To-day find myself at the renowned Topeka,
having passed through Lawrence day before yegter-