Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-11-06
He Is Examined Before Justice
Miller and Discharged
A synopsis of the Evidence,
Etc Esc.

IL hdH oElAsU AhO NeApANA
verdict. We went to press at three
O'Clock and the jury did not return a
verdict until near FIVE. The result, when
reported, was that the deceased came to
his death from a pistol wound in the
head, the shot supposed to have been
fred by one r B. Ferguson. Some time
before he had been. placed by Squire
Miller, acting Coroner, in charge OF an
officer, and Immediately after the YER
dict had been rendered, he was con-
waved by Coroner Cotton to the county
Jail, and placed under the charge OF
Jailer Nagiveny. At three o'clock yes
terday afternoon, he was taken before
SQUIRE Miller, ard the following testi-
mouy was ELECTED
Mr.. Charles DOrf SDoTn.-I live in
Chicago arrived last evening; de-
ceased came with me on the Lizzie Gilli
be went to the Empire saloon between
elk and seven O'Clock; had drank in
other saloons, but could not tell the
names or location 4: was introduced to
Ferguson for the first time the same
afternoon had been to the Capitol sa-
loon Ferguson was with us in the
| saloon ; 1 was standing inside when the
shooting occurred; / was close TO the
bar; the barkeeper was there, as also MT.
Howard; don't know whether the pis-
toll was fred inside the house or outside ;
the saloon is about as long as this
courtroom another person might nave
been there besides Mr.. Howard with
ont me knowing Ii as soon as the pis-
| toll was fred 1 stepped out into the hall
leading to the street and restaurant
Prentice was then lying in the hall, ap-
~pareptIy dead; I don't know who went
| out with Prentice; Prentice, when | saw
| him, was lying between the door leading
to the hall and the front door; / heard
no noise or conflict Ia the hall it was
about five minutes from the time l last
saw Ferguson until I saw Prentice dead ;
I understood that Ferguson and Prentice
were acquaintances I do not know OF
anv previous difficulty between the men;
| after the occurrence of the difficulty L
started for the boat, the Lizzie Gill, on
which we had both come down the river ;
| before / went to the boat I went to the
telegraph Office and telegraphed the
facts I didn't see Ferguson after the
shooting until arrested it was about
FIVE minutes after Ferguson left the
bar before the shot was fired; L do
| not know where Ferguson was /
heard no talk in the hall l was in
the bar at the time of the shooting l
heard the pistol shot, and went out In
the hail. and found Prentice dead did
not see Ferguson after the shooting until
| arrested I saw no persons at he time
walking toward either Main or Front
streets.
Mr.. Van Anderson, Of Van Anderson
L Bullock, waived all cross examination
| Of this witness, as they did in regard to
all others, and allowed the cass to 60
before Justice Miller On the testimony
and upon its merits.
Henri HOtUHrd SUOTH.-I live IN
Plsttsburg, n. Y, and have known
deceased for q year; saw him last aoou'
five or six minutes before the shooting
occurred; met him and Ferguson at the
corner Of Second and jefferson; weni
to the Empire, and found them there
st the time OF the shooting in the house
there were present the bar tender, Dor
and Mr.. Conners; I went in shesd of Con
ners; Ferguson and Prentice were in the
bar-roam when | got there l then re
ceived so introduction 20 Ferguson, anC
drank with him / was in the BARRON
about fifteen minutes before the shooting
occurred; Dorf was there, and dranH
with us; / was standing at the corner o
the bar lighting q cigar, whenI heart
the pistol shot; 1 went out Immediately
and saw Prentice lying on the hall floor
/ don't know who shot him / was read
ing a theater bill at the time; when
turned to read the tbeater bill, Dorf, Fer
Quson, Prentice and myself were prasen
ia the bar-roem when ] got into tn
ball I found Prentice apparently dead
on the pavement / saw nobody thai
could recognize; ] staid on the ground
about five minutes, and during tina
time about fifteen or twenty person
came there, none Of WHOM
could recognize; did not see Ferguson
again from the time l turned away from
the party to read the paper, until l saw
him at the Coroner's inquest; knew o
no difficulty between them, and no eaus'
for il, before / got to Memphis; Prentic'
and / were friends; I Jaw no person pas
the house after l got out; ! was excited
and partially intoxicated.
lanes Corners StOOTH.-I was II
the saloon when the shot was fired J
had gone TO the saloon with Howard;
was about fifteen or twenty minutes he
fore the shooting took place; l know
both parties; they were in the salOoI
when | got there :, they were talking a
the bar when ] got there; the CONVEX
sation was friendly, ana We sll took
drink on Fergus0n's invitation QOrf
Howard, Prentice, Ferguson and Huett'
were in the bar st the time; Ferguson
asked me IL I had any money, as b.
wanted TO go and play against faro
be then went out l don't know which
way he went; shortly after l heard
pistol shot, and fearing that an aifrs!
was on hand, I went into the keno room
up stairs as l was passing, l saw a mai
fall, lust before l started up stairs; saw
nobody going either way; az the maj
fell, his head went toward the saloon
heard no quarrel, and the first intimattol
1 had Of such q thing was the report o
the pistol; l did not seePrentice from tn
time / left until l saw him lying in tn
hall dead I have known Prentice 70
about six weeks; got acquainted will
him ia Indianapolis, Indisna; be was,
believe, a Canadian don't know If h
was previously acquainted with Fergu
son.
Officer Selkirk Stporn.-I am a detec
tive officer; I was told to arrest Fergu
son. and I saw him in
lager beer saloon, corner Of SecOnl
and Jefferson it was about ten o'clOcl
at night he was coming up stairs aud
arrested him; he had nc weapons; tool
him in charge and gave him over TO Col
Beaumontg it was ove square from To
shooting told him / UEIts3 him and b
came right along 1 left him with Beau
mont Inever told him for what ! ar
rested him he never asked [ the caus
Va his arrest.
y N Hllste ssccrn-Am NJ OF the pro
prietors of the Empire, md i've at 1
Jefferson street was on watch whei
the shooting took plsce; when the pisto
--- a. 4 ELaaE- n1A.rr. MAJ 1fnhNan
his cigar there we're two or three mel
IN the room before the pistol was fred
cav naitAar Prentice or Ferguson leav
the room think Prentice went GU
with She party; they went GU
through the hall dcori aHer they WeA
hut It must have been Rge minute
before the shooting took plsce had sol
a cigar and made charge before | hear
Z the Distol shot; the party did not leav
tsgethef; was wiping Ela ses at tn
time, and dropped my toTel, ran cut
: Rpd saw Prentice lying near tbs dOaF o.
: his back Of the suggestion OF my part
ner | visited tbs newspaper offices {
keep the name of tine saloon out OF tn
: psRers, as It was accldeHtthsti 1t Ocourret
Ia the Empire; l did not see Ferguson
I again until after this visit.
James GREELEY, an officer, was ex
. amined, but his testimony did not elici
any new fact, and only went to cOrrobo
t rate those already proven.
James SchoOies sDOr1.-Was presen
in the house whep the shooting too
place; I was up stairs when l heard tn
report of the pistol; l saw a man in th
] hall saw some men who appeared muo
E excited did not see Ferguson then, bu
made some inquiries, aud was told tha
3 Ferguson was one of the party I the
: went out to find Ferguson don't knoV
the men composing the party l put M
hand 10 the head Of the deceased, an
t found that he had been shot through th
head.
r This closed the examination, and
] was admitted on the part Of the defens
! that Prentice had been killed by q pistC
wound, but contended that the burden
I proof reflected no more on the defendar
g than it did on the other gentlemen wh
e composed the party.
d Gen. Sale admitted that there vi
K proof to show that the deed was premes
itated, and the question arose as to VII
| L sNN-l 49, - Tr II