Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-02-06
MURDER on MARKET STREET
Mr.. Claiborne Duvall Killed.
Investigation of the Case.

went AuOo MS Uncle room, ana d5keu Mn
IL he had pistol. Al the time, there were
FIVE stock drovers sleeping in the house. Mr.
George Morse got out Of bed, went
hastily into their room, told them that there
were robbers in the house, and asked them
if they had any pistols One of the men
Mr.. Wells-gave him pistol. Harmon
Morse took the pistol, and snapped it at q
man who was in his room, but it had been
dropped into a creek the day before, and
would not go off. Harmon then asked
another of the drovers for pistol
and was handed navy revolver.
de returned 10 the room where the man
was, and fired four shots. Afterwards, Clai.
borne Duvall, one Of the drovers, took the
same pistol, went into the room where the
supposed robber was and soon came out
saying, II am shot" The bali entered the
abdomen of Mr.. Duyall, causing his death
about six o'clock on Monday morning
We are informed that his parents reside ir
Kentucky, but that he himself had been en-.
gagged in this city, as a cattle drover, for the
last ten or twelve years. He was about forty
years OF age at the time Of his death.
1t is said that there were four men who
were attempting to rob the house. Two
mer, named John Brady and John Ryan
were afterwards arrested by policemen Long
and Snyder.
Shortly before u o'clock, Yesterday, the
case was tried before Esquire Meacham
Judge w. X. Turner being counsel for the
defense, and James NJ. Brien for the prose
cution.
The first witness called was DIR. w. A.
Chatham. who testified that the deceased
came TO his death from the effect of the
wound received as above stated, and that
the ball-a small conical one--had been ex-
tracted by DIR. Eve.
Harmon n. Morse, the principal witness
for the prosecution, testified substantially as
follows:
"On Sunday morning, about o'clock, /
was awakened by the Earring Of my bed, and
found that there was some one in the room.
got out Of bed, and started to go around
to a coat which hung ON the bedstead, so
as TO get my pistol out of the pocket. In
doing so ] made two or three steps, and met
a man about my own size, with light whis-
kers. The moon was shining through the
window, and | could see him. He stood be-
tween me and my coat, so that | could not
get TO it; he was also between me and a
double-bHreled gun, which stood in the cor
ner | then went into another room and
called TO my uncle, asking if there was pis-
tol, and my aunt said it was not loaded. NV
uncle got out of bed and went into the room
where the drovers were sleeping | went
there and obtained pistol from them, and
went back into my room. The man stood
about as l left him, leaning against trunk.
snapped the pistol three times at him, but
it didn't go. / then returned and called for
another, and Mr.. 0glesby (oneof the drovers)
handed me one | took il, and went back
TO the room, where the man was standing as
before | took deliberate aim, as l sup
posed. The first time as / afterwards as
certained, the ball took effect in the top of
chair which stood between me ard the man.
| could not see him after that, as there was
so much smoke, but fired three shots in the
same direction as before, as near as could.
There was a sofa between me and the man,
and / afterwards found three ball holes
through it. / then returned to the room
where left Mr.. Oglesby, and handed him
his pistol. In going into this room, where
the drovers were, / met Mr.. Duvall. Ny
uncle told him not to go in. Mr.. Duvall
got the pistol, and / went out on the porch.
| saw the fash of pistol, or
firearm, and Mr., Duvall came out of the
door, and said az am shot" / asked him
where, and he said, In the abdomen"
There was no one in the room at the time
Duval was shot, except himself and the
man who shot him. Zone of the prisoners,
John Brady, was here pointed out TO the
witness, and he was asked if he could
identify him. | saw a man there about
my own size, with light whiskers,
and this man would bear that
description. His countenance cannot posi-
lively swear to. He was so near me that
could put my hand on him from where
stood. could not say what his business
wasin my room, whether he was attempting
to rob or not. / saw only one man. The
last shot | Thought was fired in the room
leading from the one | had been in. There
were two doors through which the man might
have escaped, but didn't hear any one say
that they saw any person run out. The man
could have escaped through the back door
so that no one could have seen him."
Mr. George Morse, the next witness called,
made diagram of his house, giving the
of the different rooms, and the
porch at the side of the house, showing that
there were two doors in the rear by which
said that he told Mr.. Duvall not TO go into
the room, as he might run into danger. His
testimony correspondent substantially with
that of II. n. Morse, but he gave some addi-
tional statements which were important. He
said that he saw man on the back side of
the house and asked him who he was and
what he was doing, to which the man replied
that he was policeman, and would go for
help. He departed, and that was the last
Mr.. Morse saw of him.
Mrs. Morse testified that she went into
the room to get some matches, and saw a
man standing there, but could not tell
whether he was white or black.
Mr.. Wells, drover, corroborated several
of the above statements, and testified that
he went to the stable to help saddle horse
for some one to go after doctor, and on his
way he saw man lying under the steps.
He obtained help, and went up to this man
and found him asleep. After waking him,
he was searched and no arms found on his
person, but he held a grapeshet id his
hand. This mans name was John Ryan.
Mr.. Long, one of the policemen who as
sisted in making the arrests, testified that he
heard an alarm given, and after looking
about for some time TO discover the cause,
he found Mr.. Morse's house, and that after
discovering the circumstances of the case he
went TO the station house TO get assistance.
This he obtained, and went back towards
the house when he saw a man clambering
up an embankment over Lick Branch. He
arrested him, and his name was afterwards
found TO be John Brady.
The testimony of other witnesses was
produced, showing that the prisoners, Brady
and Ryan, had been engaged for some time
past as lahorers onthesGspensionb bridge; that
for two or three days previous to their arrest
they had been intoxicated; and that they
had left a grocery, about ten or eleven
O'Clock on Saturday night in an inebriated
state.
The defence took the ground that these
men had been drinking TO such an extent
that they became confused, and entered Mr..
Morse's house by mistake, as his residence
was not far from the house Of Mr.. Teig, where
they boarded; and also that Mr.. ii. n.
Morse, in the confusion of the moment, might
accidentally have shot Duvall.
Esquire Meacham decided thatthe evidence
snot sufficient to justify the detention of
Ryan, but required Brady to give $1,000
bonds, which he was unable to do, and was
therefore committed for trial.
NEGRO SHOT on THE NoLESsyIfIE
PIKE.-About dusk on last Sunday evening,
two soldiers belonging 10 the 18th U. s. CT,
who had left this city for their homes-on
T..,.ls