Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-07-03
Preliminary Examination of Warren
Lundy.


Warren Lundy, charged with the killing of the
soldier Maloy. on Sunday night last, was brought
before Esq. Sullivan Wednesday to undergo an ex-
animation touching the affair. Fishback appear
ed for the State, and T. d. & r. l.. Walpole for
the accused The investigation was held in prim
tive style, under the shade of the trees in the
Court house yard Some hundreds of eager lis
teners were in attendance, as well as epauletted
Majors. Captains and Lieutenants, and high pri
Yates with mrskets and bayonets. The accused,
quite young man, is of the fash order, and has
evidently taken degrees in fast city life. He was
quite self possessed throughout the investigation.
and frequently put questions to witnesses, and
continually prompted his counsel.
The testimony was very full-some ten or if
teen persons being sworn. Wegive the substance
of it.
DR.. Mason, Surgeon of the 18th regiment, made
a medical examination of the deceased. He found
wound in the left side Of the abdomen, the ball
decorating the bowels and lodging in the spine.
The wound was necessarily fatal. The deceased
survived the shot some twenty or thirty minutes.
He lived only six minutes after he was brought to
quarters. He died Sunday night about o'clock.
Sergeant John Cowan stated that deceased,
himself, and four or FIVE others, we're going along
Washington street on the night indicated, and af
ter passing the house kept by Mrs Harris, two men
came out and called to them to stop, which the
party did. One of the men came at witness as if
he was going to strike him. Witness struck the
person who Immediately fired. The accused was
the man that did it, The accused was the man
who struck at witness. Three shots fired
by the accused. Witness got out of the way as
quickly as he could. Witness admitted that he
was intoxicated on that night Some of the
company with witness had muskets and bayonets
Allen Study, a soldier, and one of the party
from Camp Sullivan, testified that Sergeant
MCGOWAN (the last witness) tapped at or jerked
open a window of Mrs. Harris house-that they
were ordered away by woman-that deceased
used some very rough language when the win
dow opened, threatening to shoot into it, and
bringing down his gun. Deceased was very
drunk. The whole party of soldiers were drunk
After they left the window and had gone about
twenty PAGES, two men came from the house.
called to them to stop if they wanted to fight
The party went back and Maloy, the deceased.
pointed his gun, cooked. directly at the accused
4 Witness told deceased that he was fool as his
gun was not loaded Heard Sergeant Cowan
tell his men to charge bayonets upon the men
who had approached from the house. When the
accused fired the deceased had his gun pointed at
him. Three shots weie fired-one at Segeant
Cowan, ono at Maloy and one after the party ram
Lieutenant Striker corroboratcd the testimony
of the last witness with reference to the bad con-
duct Of the soldiers at the window. Saw the ac-
cused in the house and heard him tell the soldiers
to go away. The conduct of the soldiers was
very bad.
/ Frank Kessler Ia soldier who admitted that he
had broken guard but was not of the party heard
from the other side of the street the order of
charge bayonets and the instant shooting there
upon.
Jacob Kyle, soldier, testified that Sergeant
Cowan ran up to the windows of Mrs. Harris
house and hallooed. The shutters few open, but
he did not know whether he jerked them open or
not. Saw the two men coming from the house
toward the party of soldiers. Heard Sergeant
Cowan's order to Charge bayonetsp The ac-
cused asked witness if the guns were loaded9