The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-07-13
Preliminary. Examfnation.
Before Joshua Davidson, j.. p. State of
Indiana as. Elihu N. Burns. Murder. ~


80 las --- Z a. EefH tHu
Before Joshua Davidson, j.. p. State o
Indiana rs. EIihu M-Burns. Murder. 4
THIRD DAY EVIDENCE FOR THE
yay DEFENSE CONTINUED.
Isaac Well testifiedAAm proprie.
tor of the Phoenix Saloon saw marks
on wall can't say if they were there
before thatnight; one mark was seven
or eight feet high looked like a bull
let mark; n edge was blue; cant
say if they were bullet marks or not
didn't hear of any one wanting to
borrow-a revolver: don't know how
many shots we're fred.
Cross examined-TheEe are a good
many holes in the wall; don't know if
are fbulletfholes or not; don't
know that they were made by apeker;
Charley Burns came down and asked
if sIyhad found a bullet ON the floor;
said / had not; had swept out; exam
ined the sweepings; did not find any
ball. ls95s zoe IA9 .e6r s.iilg
Direct-The holes have been work
ed with. ssI1s5
: Joe Carr testifed-Was sitting in
front of American; after first shot
started; firing ceased as | got to the
saloon; didn't court them; were too
rapid ffonFone man ytoI shoot all,
sounded as ifTthere was more than
one. pistol; from three to five seconds
between the ffstAand second shot;
then the rest in rapid succession; one
man couldn't do it all if; he was In a
'scufle; as many as four shots were
fred; might have been more; = saw
Matt Burnsswounda Minute or two
afterwards; have seen gun shot
wounds say but one wound y on the
inside of his. arm;diooked punched
out and covered with blood; don't,
knbw whichErm 1t was.1
Cross examined.-Was sittingdown
at the American House; after the
first shot was fred got up and startled j
out OF the American House twelve,
feet and asked where the shooting
was; went at a.fast walk had to go.
abeutsI-thirtys steps firing ceasedi
beforesT got there; went in as Halvey
came out saw Williams arrest Halvey;
after the first shot Williams came
opt and asked where. the shooting
was; Williams at the American
House door; didn't hurry; thought
the firing too hot for me; a physician
from Spottsville examinedthe wound;
saw but U wound it was inside the
arm, neal the elbow; was all bloody
didn't look to see where the bullet
went ia Jdidn't know there were two
wounds; lived in the city ever since
the war; am steamboating; last on the
Phantom as Clerk; three to five Sec
onds elapsed between the first fand
second shots; think [ took three
steps in a second; was abreast OF the
door when Williams came : cut;
imagined there was a difference in the
sound Of the shots; thought the third
shot sharper than the rest; was in
the 18th Kentucky InfantrX and the
18th Indiana Cavalry.
Direct examination resumed-Had
no curiosity ito hunt for the other
wound; was cooland collected.
Jack Hitch testifed-Have known
HalTey for two years; he was a
powerful man: Know his character;
he was powerful man; saw him be-.
tween 3 and 4 o'clock on the 1st of
July; he had a p stol; we were talk
ing; [ said goodbye to him and he
took NV hand and rubbed it down his
poke Felt 4 revolver; he said I am
pretty well fixed. jack: had seen him
have a pistol before; never saw him
have brass nuckIes; Sam Kelso, Billy
Green and johnny Hank were present,
on Second Street near the Irish Catho-
lie Church: Halvey was quarrelsome.
when drunk. 80
Cross examined Got acquainted
with Halvey when running on Rail-
road; be was on Second section, five
miles out was with Haiyey FIVE or
ten minutes; he was going down
street; | had just come from the river;
on the opposite side of the street
when | first saw him; he spoke to me,
and | crossed over; expect others
heard what he said; can't tell wheth-
it was before or after three
O'Clock was intimate with Halvey;
had met him several times: told this
to Bayle ard Fitzwilliams; didn't tell
it to anybody else; am certain [ saw
him on Second Street; di6 not see
him at the railroad shops; saw him
have a pistol last July; never saw him
have one at any other time except
when | put my hand on his pockets.
HefSi ASdLu VI niln uSHtlHS Will dny
thing but his fists; do not remember
any one who told me he was a fighting
man; heard his partner, Mike, Say he
could whip any man Nike is in Mem
phis; living in the city; am working
with a portable saw mill on Green
River; have worked 50 days this year;
said anything to Charley Burns
about this; was not drunk when |
met Halvey; Halvey was drinking;
seemed in a good humor.
Geo. Frank sworn-Am on the po-
lice; stall at Matt. Burns house all