The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-03-22

! gkemea OTIS, brother a. the deceased. W
have space Cor oaly a brief condemnation o
the evidence. The account We gave 81
Sunday morning coatained neerly al th'
essential particulars. The witness said
? On Saturday evening last, Aslween hall
past seven end eight o'clock, On neaderlck
street, heard noise Of quarreling. Ny
, | brother wanted DAVIS 10 pey some money
ne owed aim. Foley interiered and struck
s him In she slreei, the two got together; fo-
ley shot him with . pistol; begFea some
body 70 help nae % set the pistol from F0-
lev; both seii 10 the ground; my brother
said . my God am killed" This was in
, front Of Htnes Saloon. Afler the first
! Quarrel my brother went into Hines Saloon.
he then came oat, edHaReing as he did 50
towards Foley, who had remai ned standing
| near the door, with q whip Ia his hand,
with Il he struck my brother in the eye;
then they caught hold Of each other, and
/ Fcley drew pistal snd shot; they both fell,
tried b cei the pistol away; Foley shot
| three times more after they were down.
while and my brother were in the house,
they were hoilering outside thai they would
whip anybody; my brother want out then
Foley struck him with She whip. When I
FOL OF cd him had nothing in my hand; =
pisfoi that WIS in the house put into my
pants fearing my brother might get iti
did not take il out in the street; when !
went ont my brother aud Foley elinehed;
| do not know who was top when they fell;
/ seized FoieT's wrist, never held him by
| the shoulders; / did not see the pistol; |
saw no knife in my brothers hand; had
not the pistol with me then; saw neither
/ knife nor pistal on my brother.
Thomes Dolan said / saw the difficulty
between the men; I saw Otis 90 out Of the
house towards Foley, who struck him with
a whip; then they graPpled, Foley drew a
revolver, fired, and they fell Foley was
topmost: Tom Foley came up and seized
Foley 81 Che wrist, and asked that some-
body should take the pistol from him
three more shots were fred after they were /
down at the LAST shot Otis said, " am |
Killed. in FIVE or six minutes he was dead. /
After che third shot fred when the men /
vera down, I got hold Of the pistol which /
vss ia Foley's hand. / saw Otis come out /
and walk toward Foley; he did not sd-
vance threateuingly. Foley advanced to- /
wards him and struck him with the whip /
I did not hear Otis say 70 Foley you are |
son Of a b-h, you have taken Davis part, /
and I will whip you !" l saw no knife |
Otis had no pistol; when Foley shot, he /
was on top Of Otis.
Barney Hines and other witnesses ex-
plained how the quarrel arose, from which /
1
dollars he owed him. Davis replied in q 4
manner Otis thought implied no intention l
Of paying, and be threstened to sue for |
twenty dollnrs. Davis said the money had /
been borrowed at S gambling table and /
could not be recovered, besides it was only /
fen dollars; he had borrowed twenty, but /
the other ten was from another person.
Otis said 'sthat is 80, but the money came |
ont Of my drswer." To this Davis replied: /
ssThat looks IS il you and the man played /
with were in cdho0t" The threat 10 sue, /
md the insinustion Of unfair play thor |
oughly excited the two men, violence fol- |
lowed, aud Foley joined IN the quarrel, /
taking the part Of Davis.
Hines stated that Otis had neither knife |
or pistol on him when his body was exam
med. He searched the pockets and found /
one hundred and fifteen dollars in money /
and some shinplaster money, and comb.
No pistol or knife was found on the ground |
wher4 the struggle took place. He saw no /
knife or pistol on Tom OTIS.
Phillip O'Donnell stated the way the /
struggle began. He could not tell who |
was uppermcss whea the msn fell; he |
cot hold Of the revolver which wa /
II Foley's hand. Tbomss Foley /
ssked me &c get hold Of the pistol. The |
officer came 10 and he took hold Of Foley /
and said 70 him There is the man." /
When Foley was taken prisoner there was |
a spot Of blood on his forehead. do not |
know whether be wss cut. saw motion |
Of Mike Otis hand that made the thought |
cross my mind that no had knife, but |
saw no knife. / never heard Tom ask his |
brother whether he had the pistol |
When / sock the pistol from Foley, he did |
not give It up willingly. 1 think |
Tom Foley had hold Of the hand |
which had not the revolver in it. did |
not sec Tom hold Foley down 5y the |
shoulders.
Martin Hines testified I knew Mike |
Otis: he was o 'Donnelps bar keeper. ! saw |
the affair between Otis snd Foley. When |
they fell Foley was uppermest, ne was on |
the top % OLis and fred down on him; Tom |
had hold Of his wrist TO keep him from |
shooting, but the shots were fred before ne /
could be got Of. Tom was calling for some
body 10 take the pistol away from Foley I /
saw no weapon but the one in Foley's /
hand.
DR.. wharton testified that he had ex-
aminad 0tis' body. There was one wound
in the neck, one on the breast, and spot
on the right side, probably caused By the
rlancing OF another bullet. Owing to the
change Of position aher the wounds were
made, the muscles had closed over two Of
the wounds, 70 that they could not be
pro5ad, but the one in the breast could be
Examined the course Of the ball was to-
wsrds the heart, and that wound was saih-
cie-i to cause death, a. perhaps the other
in throat might be.
Frank Cline and Michael Davis were
examined for the defence. They ooTrobor-
ated the main incidents Of the tragedy, but
in various important particulars entirely
contradicted The statements Of the other
witnesses. Cline, while giving the main
facts, stated | was acquainted with Foley
but not with Otis / was within yard Of
the shot Of the struggle; We had bean at
the race track, myself and Foley after our
return we met Davis on College street Da-
Wis loft us and said he would go home; We
met him again talking to a hRekman, and
concluded TO 60 and get drink Of beer at
the shamrock then We went to Hines; We
came in; went 70 take the
horses snd told the young man 10 60 and /
get his drink, which had been paid for. /
| (rhe witness then detailed the conversation
about the money! Davis told Otis he
could not get il; Otis said "you are a liar,
I will get Il on Monday" The lie and id
lie was passed between the two; Otis aimed
blow at Davis and missed, Davis then
struck him, Otis had a kEife ia his hand at Il
The time; they clinehed and were separat-
/ ed; Tom Otis Their came up; Davis com
planned that be had been cut with knife, L
| then Foley said / viii zee you have fair
| play. Otis asked: " What do You mean ?" /
/ Foiy said "You son Of b-h you have cut
DaYis with q knife" and he struck him |
with whip, then they clinehed and the /
| shooting commenced; / cannot tell who /
shot; they Tell, Foley fiat on his back, and |
saw Tom Otis get out his pistol; Nike |
Otis was on top Of foleyj Tom Otis clinehed |
/ with Feiey and threw him down. When |
/ Foley said nobody oughtto serve a mar as
Ods hsd Davis. Otis said: "You Cd id !
son Of a BIB, what have you got 70 do with |
/ III" and went towards him with q knife.
Foley turned off The blow with his whip.
/ heard Foley cry "murdcr" when he was
down. saw him afterwards, he had 3 cut
/ ON his head. Foley was in court, 20 wound
wps visible, nor was It shown 20 the
Court during the examinstion.) | was
holding the three horaes while this went
on, two in one hand; they were quiet aud
not troubled By the gathering crowd the
other, which was less gentle, required more
notice. In the struggle Tom Otis was on
/ Foiey,s head; he went behind him and
threw him down when he fell. His breast
was across Foley's head; do not know
what Mike was doing then; both the broth
ers were on top Of Foley until they were
pulled Of, This was about seven o'clock,
and afler dark. saw Otis have & knife
before ne sirack Foley; do net know what
he was doing with the knife when be was
on tcp Of Foley; do net know whether the
cut on Foley's head came from the knife or
not. I did not hear the seswer when Tom