Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1862-11-06

which our former editions was not suffi-
cient 70 FIJI E(
TESTIMONY or D. ?. curry.
| have known deceased for some tmo.
His name is Bollmeyer--don't know his
christian name-think his initials are ], +.
This morning when was going home from
market, I saw deceased and henry NJ. Brown,
standing near each other apparently eoBver-
sing. They were in front OF MIRA Stntsmans,
On I'd street FIRST observed them when
was about half way between Dinners corner
I and Mrs Stntsmaii's The deceased had one
foot on the horse block, and had his market
haskell resting on his knee, with his arm
through the handle Of the basket When !
had advanced to within about ten feet Of the
parties, Mr. Brown said 10 BolImeyer, "Yoa
did abuse me" and i think he said Ylast
night, but caunot be certain. Bolmeysr re-,
piled, ~ did not abuse you," to which Brown
replied, "You are d---nd liar had
then Just passed them-but had kept my eye
ON them al the time Bollmeyer then set his
basket down on the horse block and advanced
little toward Brown, who retreated three or
four steps, and drew pistol Bollmeyer then
retreated q short distance and turned partly
round. Brown aimed the pistol and held Il
toward Bollmeyer. Bollmeyer said to Brown
Don't shoot !" and held up his hands did
not think Brown would shoot, but in mo.
ment more the pistol fred, and Bollmeyer
| fell Brown stood momeht--then turned
and went away. ai Ha OF alg a.. I.. ID
Bollmeyer moiioned to me and seemed to
be trying TO speak. ran TO him and put my
hand under his head He said "my wife,
aud put my lips to his ear aud asked him II
he wanted me to inform his wife of what had
happened He nodded his head several
times and smiled told him would break
the intelligence to her as kindly as l knew
how tf HHi.. Hal
| Christian Breene and Mr.. Crumbaugh come
! up and shortly after others. | asked some
one to summon q physioiRn and shortly Dr.
Jewett came, and shortly afterwards weRt
away H' ,a IHia4HIa
Question by the Coroner:
What was the manner Of the parties during
the conversation and interview between themH
! Neither Of them appeared TO be much ex-
cited ill Brown called Bollmeyer "a d4---nd
liar Then Bollmeyer seemed to be stung
by the impuiation, but he did nothing violent
to Brown, nor was his manner as he advanced
towards Brown, indicative Of violence |
saw no weapon in his hands. He made no
effort TO take hold Of or strike Brown. a
| Question by same: ,ur. 4..
How far was Brown from deceased when
he fred at him and how far were your
| should think about ten feet, and was
about the same dirtance, but in an opposite
direction. (Signed) +. p. CUPPY
s. O. oRuNBAuGH's TESTIMONY
! was returning from market and when op
posite the boarding house Of Mrs Stutsman
saw Mr.. Henry NJ Brown and Mr. J. r. Boil
meyer standing near the edge Of the pave
ment Mr.. Brown on the pavement and Mr.
Bollmeyer standing in the gutter, with his
market basket on the loft arm, and his right
around the tree box Mr. Brown called Mr..
Bollmeyer "a damned liar" when M. Boil.
meyer set down his basket and stepped upon
the pavement, but as far as could Judge, not
making any hostile demonsri tons. / was
then standing not more than four or FIVE feet
from both Of them Mr. Brown reeeded a
couple Of steps observation-disclosures his hand
into the right pocket of his pantAloons, drew
forth pistol and advanced a step, and at
about the same instant that he cooked It, said
you "God damned or merely damned liar,
Il will shoot you" Mr.. Bollmeyer exclaimed
"Dont shoot, Henry" | did not think that
Brown Vouid shoot, neither do think that
Mr.. Bollmeyer expected that he would, but
he did shoot and Mr.. Bollmeyer fell upon
his back, his head striking within foot
OF where ! was standing When Mr.
Brown shot he was not over four or
FIVE feet from the deceased and was
abcut the same distance, at right angle
from him, MIR, Cuppy came up Immediately
l asked the deceased whether he was much
hurt he nodded his head, then examined
his head and after seeing the location Of the
wound asked him no further questions. He
was struggling very hard TO speak and made
some kind Of a sound TO Mr.. Cuppy but not
distinct enough for one to recognize the
language. 7'i -Ai aa. oY biHa" l
/ Question by C5roner--Discribe the manner
and temper Of the parties before Brown fred
J --was Il angry or otherwise, aud what did
Brown do or say after the shooting2 ra !.
Mr.. Brown seemed to be very much excited
but did not think that Mr. Bollmeyer was
Unusually excited He made no demonstrA.
ton AZ IL endeavoring to take concealed
weapon from his pocket, and as far asI could
see did not even lold his Est Mr Brown said
not word after he Ahot---but replaced his pis.
tol in his pocket and walked away. ,.. 5s
s @, CRUMBAuoH.
@. W Willard being first duly sworn
deposeth and saith as follows: agree with
the testimony et Mr. CrumbAugh 10 the case
IN hand having been only few feet farther
distant and saw the scene
dEo W. WILLARD,
-- .|.al.u
c, g, Breene being 6rst duly sworn de,
poseth and saith as follows:
About half past o'clock was going to
my breRktast-sRw Mr. Brown and Mr.. Boil
} meyer also Mr. Crumbaugh and MIR. Willard,
also saw Mr Cuppy When got with fifteen
or twenty feet Of where Mr.. Bollmeyer and
Brown were standing in front OF Mrs. Stnts-
mans Boarding House on Second street