The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-07-10

ming; Halvey walked at a regular gait
towards the door; Burns walked fast:
Burns took out the pistol as he start
ed; did not see Charley Burns or Joe
App during the shooting; Halvey
pushed Burns down over a chair, and
L think some one interfered. {
Cross Examined.-Met Halvey near
the Court House; asked me to go
down to Bradley's to seeAa man; did
not find him; met McDonnogh :;
asked us to go to keno; stopped at
Anthony Kelley's; took a drink of
beer and drink of pop; arrived at the
Phoenix about IL o'clock; Halvey
played; did not win; went down stairs;
took a drink of beer; made no noise;
were not reproved for being noisy:
wanted to 60 up again; Burns object
ed; Halvey said he thought he might
go back, as he had been up and spent
his money; thought he said to me-,
Lets go, you son of a b-h;" Lwit;
ness again detailed the shooting, &c.]
had no pistol myself; did not see
HalTey hayeka pistol; Halyey was
not drunk; McDonnogh wanted us
to go home; nothing was said about
going without a fuss; we did not rush
up stairs: Burns asked where were
our tickets; we. said we had them;
did not have tickets. =,
[Court took recess till 2 o'clock
/ 9aat.aaN AFTERNOON. sl-s $50,
DIR. Thompson testified to the char
acter of the wounds of Halvey, the
same as we published after tire coro-
ner's inquest; said, his death was
caused by the, ball that entered his
abdomen and penetrated through the
,intestines and the vind} caUd TO the
backbone, where the trace of it was
| lost; could not tell whether wound
on the, shoulder was from behind OF
before; made a post-mortem examin-
alton with DR.. Casselberry; did not
see him alive after first visit to the
engine-house; did not notice wound
on the shoulder particular "; it was
very slight.
VIM. w. Williams Night Wharf
master and Policeman, testifed-Was
at the American House; heard shoot
ing3four or FIVE shots; reports all the
same; fastened to the Phoenix Saloon;
met Halvey at the door; saw Burns
arm bleeding; supposed Halvey had
done it, and arrested him; he said he
was bleeding; asked himlto sit down;
led him to the BankTsteps, where he
tainted; searched him for weapons;
found nothing but a pocket knife,
pocket book, and some trinkets; he
had no4pistol; after The was arrested
he could not have disposed Of it, un-
less in going from Bank to Engine
House. ua1r
or Burns; there were several in the
house. 5.
Herman Becker testified - Tends
bar at Phoenix Saloon; three men
wanted to go up stairs; John Sixt
tending door, told them not to go up
without tickets; started up; met
Burns on stairs: Burns said: You
men have treated me like a dog; |
have treated you like gentlemen =
heard one Of them say " son of b-h;"
did not know who he meant; Burns
walked towards him and fired; they
got together, and Clark tried to para
them; Charley Burns called Mat,
and went up and tried to separate
them; Halvey's back was towards
Burns when the first shot was fired,
and then turned; | did not see Hal
vey have. any weapon; Burns fred
five shots as near as L could tell a
no pistol in the hands of any n but
Burns; no difference in the sounds;
firing rapid; [ remained in the back
of the room all time.
Cross examined.-The cross exam
nation elected noalag new, except
that Burns after getting them down
stairs, told them to go away for Gods
sake. Charley Burns, Joe App and
Ryan went out to front door; did not
come back till two or three shots had
been fred. Charley Burns said.
come here. come here to me, Mat"
The middle sized man wanted to keep
the peace-asked them to come along
home. [ saw the pistol when Burns
fired am certain this was the first
shot.
John McDonnogh testifed--Not diff
fering materially from Gafney and
Becker; He saw no pistol except In
the hand of Burns; Burns fired as
Halvey was walking towards the door.
Cross Examination elected nothing
new.
Joseph Schoney testifed-Am bar
keeper at the Phoenix Saloon saw the
shooting. but did not hear the quar-
rel at the back of the room. His tes-
timony fully corroborated Rockers
and McDonnogh's, as to the shooting.
In his cross examination, allusiOn
was made to a quarrel between the
witness and Burns, that originated at
a horse-race, though the witness de-
MED bearing any malice towards
Burns. He acknowledged hat he
had said that ii some people had his