The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-07-11

apart; / was on the opposite side of
the room farther down than, either of
them towards the west wall; If the
ball that made the mark on the wall
was rom-Burns@pisto it passed be-
tween me-and the vdoor-nearly in
range With Ryan; struck the west
wall thirty feet from the door;
don't know whether the ball struck
the wall square or obliquely; heard it
| fall distinctly, 80 -, - -sfass
The witness described infinitely the
position of the parties around the.
| billiard table next to the, trout door;
Halvey was first about in the middle
of the end towards the front door,
Burns on the east side near the far
Their vend, Ryan and the others on the
southwest side Of the table towards
the door; witness on the west. side of
the room nearly between the billiard
tables Halvey advanced to the south
east corner of the table when the first
shot, was fired, her rushed towards
Matt. Burns with both hands up;
Ryan lodged behind the billiard ia.
Bile; Gafney left. Witness described
the shooting, illustrating the rapidity
with his hands, occupying about five
~seconds-J Did not see Clarke at first;
saw all the rest; think Clarke was hid
behind something; saw Becker at the
back of the room, and the bar keeper,
Schoney, at the bar; think they were
both lodging; the ball-marks on the
wall were "a little glancing; could lay
the point of my thumb in them; am
excitable, but when not in a difficulty
myself, can keep cool; don't know
whofbar Halyay's bonIc za~a oman Or
shut when he rushed on Matt. the
shots were about as fast as the ticks
of clock met Clarke next morning
Streets; said he was so excited that
he knew little or nothing about it;
he solieited me to file the aft
davit; had told him that / knew
all about it; they clenched near the
middle of the front table on east side;
lkept trying to get to- them all the
time, and to keep out Of the range of
either of them, kept my eye on them,
and around the room as well as L
could; Matt. Burns is my own cousin;
his father and mine were brothers;
have taken an active part In hunting
up witnesses for the defense.
eve have given4the Testimony of
Charles Burns almost in full, omit
ting only such portions as were mere
repetitions.Ha his was the most direct
and positive evidence introduced as
yet for the defense.-REPoRTER].
w. dunlap testified-Gave par
tieulars of going to the Phenix, and
the movement of himself, Charley
Burns and others, until Charley CALI
ed put . hold: " Charley went on to-
wards the far end of the room at the
second shotI left the room Charley
Burns was about the middle of the
room, near those quarreling; as we
came down stairs they seemed to be
angry and quarrels0me; did not take
much notice; think | heard as [ got
to the front door the words son of a
b-h; don't know who used them;
don't know that he was talking TO
Burns; was going around the screen
when the first shot was fired; left
when the second shot was fired; was
in some hurry in getting out; three
or four shots were fred afterwards;
Charley Burns was nearest the par
ties when the shooting commenced.
This witness described the position
OF parties. locating them much the
same as Charley Burns. Both par
ties advanced and clinched as the
second shot was fred. !
Cross-examined-As L was look
ing through the screen think
Matt Burns was neal the stairs, COM
ing up towards the front; Halvey was
half way up the room; Halvey was
half way or more from the bar to the
stairs, to the right of the billiard ia
Bile as you go in; think he was stand
ing a foot from the corner of the bill
lard table towards the wall; saw him
all the time except for a second. as L
passed around the screen; did not
see Halvey at the head of the table;
| stopped when the. first shot was
fred, and left when the second was
fired: [ live In St. Louis; have been
here since the 18th of June; have nc
particular business here or in st. Lou
is; have not been in regular business
for two years; generally have money
enough to carry me through.
1.-THE great length Of the testimony
for the defense compels US to defer
the balance taken yesterday for the
next issue; some of it is too interest
ing to be lost. At 81 o'clock the ex-
aiming court adjourned owe until
Friday morning].
SPLENDID MUsIo.-We neglected
to say, yesterday morning, that the
music for the dancing party of the
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