The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-07-11
SECOND DAY-TESTIMONY FOR THE
STATE CONTINUED.

oGOO-'O
STATE CONTINUED.
Samuel P. Havlin testified Am
Coroner of Vanderburgh County; a
pistol was given to me by @. 3. Clark.
at the inquest held over the body of
Thomas Halvey. Pistol produced
and identified. Held the inquest at
the Contra. House. as Coroner.
Samuel Day testiied-Am a,Consta-
BILE; was at Phoenix Saloon, third
story, sitti nj near the window; heard
four or FIVE pistol shots; ran down
stairs; the fight was all over; saw
Halvey at Bank steps; staid with him
till morning, and most all day; he
was in much misery and did not talk
much during the night; the shots all
sounded alike.
paper produced) This is my
writing; is the dying declaration of
Thomas Halvey, taken Tuesday
afternoon; his condition was bad;
said he knew he was in a dying con-
dition; was told by his physician and
by the Priest that he was in a dying
condition. paper offered in evil
dence.) 184t %H5t
Chandler objected in a plausible ar
gument. DENLY read the law, aud
briefly argued the point. Shackle-I
ford also spoke against the admission
of the document. objection over
ruIad s
= To sShackleford-Halveys was not
Eighty; neyersaw him Eighty; don't
know that he was Eighty; the last
words I heard him say of his coBdi-
ton were, "it is going hard with
,me;', he answered questions distinct
ly, except when in pain, when the
question had to be repeated; took
down the answers as repeated to ME
by Philip Klein and S. P. Havlin;
read them over to him twice he said
they were his dying deposit oA. a4y.
The paper was then read as fol-
lows: 9 - isa# Ats0 .1l
Ques:-Do you think that you,
Thomas Haiyey, are in a dying con
fdition?
Ans.-Yes, I do.
%. Did you ever have any difficulty
with Matts Burns.f or did you know
him before last night? -
! A. | have not, and did not know
him.
: Q. Did you have with you, last
night, a pistol or knife? p
A. I did not have a pistol; nothing
but a small pocket knife.
.. Were you, previous to this
trouble, up in the Keno Room last
night?
A. / was.
Q. When you wanted to go up
again, who commenced?
A, Matt. Burns wanted me TO pay
fifty cents.
Q. What followed then?
A. l said to my partner, come on,
you son of a b-h, and lett go home;
when Matt. Burns was standing at the
back door of the saloon. and said, do
you call me q son of a BIB? aud i'm
mediately he fred a pistol at me, and
then [ threw Matt. over a chair, and
while he was dowa on the floor, and L
was on the top, Matt. fred and shot
me in the belly.
@. Where did you get hit at the
first shot?
a. l had my back to him, and can't
tell which OF the wounds | received
at that time.
@. Do you know how Matt. Burns
received his wound?
ali the time.
Q. Did Burns follow you after you
got up. and shootyou?
w.. H. fal1O-1J ~ ~ Al franf
door and shot at me nee after | was
out OF the saloon.
@. Did you at any time have your
knife out?
A. | did nos. Pat. Gafney was with
me all the evening, at the keno room.
@. Do you believe this to be your
dying depos ton?
A. [ do. his
(Signed,) THos. y HALvEY.
I. (Endorsed,) Taken by Samuel Day,
and witnessed by Philip Klein. Ed.
Burns, Samuel p. Haylin, Thos.
O'Oonner and Joseph A. levitt.
Margaret Cambry, proprietress of
the Central House, testified, that
she got Halvey's keys; sent out to
Section I'd and had his trunk
brought in to get clothes to bury him
in; found his revolver in the bottom
of the trunk: opened, the trunk my
self; it had not previously been
opened.
Estate rcsted.)s
TESTIMONY, FOR DEFENSE.
Charles Burns testifed:-Was at
the Phoenix saloon on night of july
it: saW every bit of the trouble: my