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


walking towards the front door;
Burns stepped forward and said,
who de- you call a son of b-h?"
Gafney said not you" Burns then
shot; Halvey turned and advanced
towards Burns; they clinched-
whether before. or after the second
shot was fired, rl witness was
notsclear; Burns was at the foot of
the stairs leading to the keno room;
had keno checks on the table; was
acting as doorkeeper; did not
known to whom he had applied
the opprobrious - epithet; follow
ed a few feet behind Burns; five
shots we're fred; could distinguish no
difference in the reports. This &C.
curreain this county, on the first floor
of the Phoenix saloon, on Water
Street; Halyey was walking at an or
binary gait when Burns shot; say no
excitement on the part of either till
the shooting commenced; did not see
anything in Burns hands till he shot;
heard the report; Burns was twelve
or fifteen feet from Halvey when first
shot was fired; Halvey was on the
point of turning round when Burns
shot; made no, demonstration till at
ter the first shot; saw no pistol In
.Halvey's hand; four or five shots were
fired; think there were five; short
pause between the first and second re-
ports; Others in rapid succession; saw
BUT one pistol. a revolver; six barrel;
had one load in when l took it from
Burns; gave the pistolito Webb Oar
ling, at the request of Burns; got it
back next morning, and gave it to
Sam Havlin. the Recqrder;on]y per-
sons present werenthe two ~iqbarkeep-
ers,. Mat. Burns, Halveytw two other
Irishmen and myself; nHalyey5 said
nothing when asked to whom he ap-
Piled the opprobrious epithet; the
other said, mot to you;" L arrested
Burns;. snatched tie pistol; it fell to
the floor and [ picked it up; others
came down stsirs and in at the front
door; was asked why did not ar
rest the other man; said he would
soon arrest himself; Williams, the
Wharfmaster, arrested Halvey; did
not examine Halvey for weapons;
8 the man that did, the1shooting is i'm
court; hat is be-" (pointing toward
E. NJ. Burns
Cross-examined-Had been in the
saloon but a few minutes went to
foot of the stairs. and was about to go
up for lunch; did not go up; met
some persons going out; heard some
words and turned around heard some
one use the words "son of a b-h;
think l met Joe. App, Charley Burns
and one or two others going out;
don't know Gafney = Burns, Halvey
and another man stood by a table
neal the foot Of the stairs; when the
words were spoken | was just at the
foot of the stairs; Burns started at
ter them after they had made the re-
mark; L followed to middle of the
room; am a little hard of hearing;
did not hear all that was said distinct
ly; know Geo. Frank saw him
at Mat. Burns house next
morning; talked about the
matter: did not see the pistol till
it was fired; am certain it was fred
by Burns; did not see Burns draw
the pistol after the first shot was
fired; did not tell Burns, in the pres
ence of Geo. Frank, that | had seen
him draw his pistol after the first shot
was fired; after the first or second
shot Haiyey rushed on Burns, be-
tween the counter and billiard table:
struggled; were at one time down on
their knees; may have been against
the wall; Halvey was a large, stout
man; [ was not excited till the fight
was over; had not time to be fright
ened;; did not tell Charley Burns
next morningsthat 1 was so excited
that [ did not know much about it;
say Charley Burns come and look
over the screen after the shooting was
over; no one interfered till L did [
arrested Burns; did not see Joe App.
Charley burns, Tor Dunlap till the
shooting was over think five shots
were fired; had not time to run in till
the firing had begun; did not think it
safe to run in then; don't think
Charley Burns separated them; did
not get down behind the billiard ia
BILE; was not frightened; Burns did
not hand me the pistol and tell me to
take it. THE pistol was shown and
identified by the witness.l
Pat. Gafney tcstified-Am a laborer;
was.atPhoenix saloon on night of the
LIST of July; saw Thomas Halyey
there; Halvey wanted to go up stairs;
Burns would not let himJ.sat down GA
table; in a few minutes started to go;
Halvey said something about son-of-
a b-h; did not mention any name;
Halvey walked towards the front door;
Burns followed; saw Burns draw a
pistol; he said to- some one, "That
man called me a son Of a b-h."
and then commenced shooting;
Ion,4 Enom e Haluo. .an uualla-