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

tickets is played" We had twitted
Matt. because we had gone up without
tickets; Halveys and Gafney wanted
to go up stairs; McDonnogh said we
don't want to go up; i went1on to the
door with App, Dunlap and Ryan; /
stopped in the door: | said. stop,
there may be some trouble" stand
ing on the door-sill, L could
look over the screen and see every
thing in the Saloon; App, Stinson,
Dunlap and Ryan looked through the
screen think 'slat was out; thought
from their manner there might be
trouble; Halvey, Gafney, and Me-
| Donnogh came towards the 'front.',
they stopped twice; McDonnogh
passed out by me-; McDonnogh said:
l." Ifyeu are going to do it lIf go
home" I Saw there was going to be.
a difficulty and started at a rapid gait
to prevent it; they had come round
towards the counter; Mat. was at or
near the other end of the room; I
went round at the other side; at the
first fire Haivey rushed on Matt, who
showed him over against the wall;
got tangled in a coal bucket; Matt.
was leaning over, being pushed by
Halvey; both clinched did not see
| the pistol when the first shot was
fired; heard the report; after the first
shot Gafney ran towards the front
door and disappeared; the only
thing | heard said was who
do you call a son of bb-ch?"
| Clarke, to the best, of { my
knowledge and belief, said st is
you" | called to Matt. as loud as [
could, }"",Come, here to, me.""gtnen. l
think, Look. OUT did it from the
representations Of John Gavisk about
the man; never saw him before. but
once, in front of my stable, talking
with John Gayisk. THE witness de-
scribed their position as they
clinched. Saw no pistol that night
exceptC lark,syh heard a ball strike the
wall and drop on the floor; can't say
whether twas the first or second ball
fired; went to look for it next morn
ing; found a mark on the wall, but
did notiind<the ball :; in a melee Of
that kind [ could not tell. if [ were
to die for it, how many shots were
fired; don't know how many shots
were fred that night; / think it would
as rapidly as 2 the shots were
nEtu tudt uikHt NitHOut d SCli- COChlux
pistol They had clenched when the
ing an indentation in the wall that
Witness described the position of
IF the mark on the wall was by a pis-
toll shot from Matt. Burns pistol, 1t
could not have injured any one in its
rN Ill NJ
Ryan lodged down behind a billiard
against the wall. Ryan was at the
Louis; was to have been back last
Monday; he kept a keno room here.
When | was looking over the screen
and Dunlap followed; last | saw of
Halvey was at the end of the front
table, and walked TO the corner when
the first shot was fired: Mat. was
about eight feet from him at the
side of the table; Halvey walked
slowly to the corner of the table,
and when the shot was fired. ran to
Matt, and seized him with mis- right
hand: Matt. seized him with his left
hand; were together when the second
and subsequent shots we're fired; I'D
not see any chair; saw a coal bucket;
T was the first TO take hold Of Halvey:
Clarke then +" aa.;i ~ Ii TT; when
/ took hold OF Haiyey he made one
little surge, and looked up at me. re
laxed and walked with me towards
the door; no shot was fred after |
laid my hand on Halvey; don't think
Matt. Burns followed; [ took a step
or two with HaIvey aud turned to see
if Matt. was seriously hurt: Matt. was
standing holding his ARM Matt.
Burns was not arrested; saw
Day at the Engine House; said
he would deputize me to take charge
of that man; did not see Matt. Burns
pistol that night. or since; yer to
DR.. Days office; saw the wound; did
not examine it; could not tell any
thing o the nature of the wound; had
a conversation with Oran B. Clarke
next morning at the corner of Main
and Third Streets; Clarke selected
me to file an affidavit against Matt. he
said they wanted him to do it, but he
said, Il was too excited. and you
know more about it than | do" after
| turned around. and was looking over
the screen, Halvey, Gafney and Me-
Donnogh had not left the
foot of the stairs; did not
leave my position till "son of a
b-h".was said; then / did; [ took
hold Of Halvey; Clarke took hold of
Matt. Burns and separated them;
could not tel if the shots came from
the same direction or not; could not
all 49, Il 1ta r-. EraI die