The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-07-12

about the middle of farthest billiard
table walking forward; there was one
man in front of him and two or three
behind; could not see what the man
in front was doing; the man was
twelve or fifteen feet before Burns
saw Burns half a minute before the
first shot was fred; when the first
shot was fired | started to the front
door, a distance of ten or fifteen feet;
before / got there the second shot
was fired; between the first and sec
ond shot was eight or ten seconds
the third and fourth were in four OF
five seconds, and the fifth larger;
Charley Burns said hold, hold,
Matt " three, or probably four times.
Samuel Doty testiied-Was at
Matt. Burns house the evening be-
fore the shooting: went to the keno
room with him did not see his pistol;
did not know he had one; heard the
shooting; think three or four shots
were fired.
Lucian Smith testified-Was on
the Coroner's Jury; examined the
wounds in front; the mes in the face
and breast did not appear as large as
the one in the belly; cannot say if
they were made by the same sized
balls or by balls of different sizes;
think a large ball would make a big
ger hole than a small one; knew Hal
vey; have known him since Christmas
eve; have not seen him since till the
night he was killed; know his gen.
eral character; it is that Of a rowdy.
Collected to by Buchanan, and argued
by Buchanan and Shackelford; OBJ
lection overruled.) He was not a
~peaceable man by any means; was a
lighting man; was a powerful, ath-
letic man. able to handle any nan
Cross-examination--By a rowdy, L
mean a desperate fighting man; on
ly saw Halvey on Christmas evening,
and on the night he was killed; saw
him at McTernan's, on Christmas eve-
ming; a boy threw a shooting cracker
into his pocket; Halvey got mad about
it, and wanted McTernan to whip the
boys Invent to Halvey and told him
the boy meant no harm; was only
hayinga little fun Christmas eve; Hal
vey drew his hand out of his pocket
and struck me over the head with a
slung-shot; that's the way [ made his
Observation-Disclosures; everybody
in the house said he was a desperate
character, and too handy with his
fists; there was no fight; he did it
all; knocked me completely out of
time; never heard him spoken of ex-
cepsythat night, and on the night he
was killed 'ho 70 asiiia % -.
Charley .Kinkle testified = Have
known Halvey for year; have known
his character to be that of a bully
and a fighting
Cross-examined.-Liye in the city,
sometimes one place and sometime s
another; live now on Eighth Street;
live-or | don't live, but stay-at what
they call the Eighth Street House;
don't know what kind Of a house it is.
Pat. Burns testified to a conversa-
ton he had had with Schoney; Scho-
ney said Matt. Burns would have
shot me at the horse race if he had
had a pistol, just as he did Halvey;
had never liked him since; said moth
ing about getting even with Burns;
have known Halvey a year; have
heard his character spoken of; when
drinking he was a rough man; don't
know that he was q dangerous man.
Cross-examined.-Board at Nc
Ternan's; heard McTernan say he
was a rough man.
John O'Brien testiied.-Knew Hal
vey fourteen months; had seen him
frequently: never heard anything
about his character as a fighter, ex-
cept at McTernan's, and on the night
he was killed.
John Hunnell testified = Have
known Halvey for a year; knew his
general character; he was a fighting
man he was a large and powerful man.
Cross-examined.-Heard Bill Matt
land say he was a dangerous man;
was not at McTernan's; was present
when he struck Charley Kinkle; he
struck him with his fist, on the street;
Ito Shackelford.) Charley laid up
against the fence.
III H.