The Evansville journal., 1869-11-02
TITE snaoFING OF DEPUTY SHERIFF.
FITzEELLIAES.
testimony taken by Coroner's Jury.

Coroner's Jury, after taking the testi-
mony of DR.. Mageniss and Marshal
Wunderlich. on Sunday night. ad-
journed over until one o'clock yester-
day afternoon.
This unfortunate homicide was the
leading topic of conversation on the
streets yesterday, and the affair has
created a profound sensation. Mr..
Deeds has not had preliminary ex-
animation yet, but probably will to-
day. We have no comments to
make, and leave our readers to form
their own opinions from the testimony
below, which is given as taken down
by P. Burke, the Secretary of the
Coroner's Jury:
Chris W-LnderEich sworn. and testified as
follows:
hour of 10 o'clock on Sunday night; my
attention was called to the corner of Sec
oud and Sycamore streets: found John
McClain and Joseph App were quarreHng,
and ordered them to des1st from making
any further noise; on the opposite corner
I noticed the deceased, Captain Gayisk
and Thomas Nelligan, and some other
person captain
McClain, App, and others went into Louis
.Eller'S saloon, on Sycamore, between Sec
ond and Third Streets: the deceased,
in company with others, went into the sa-
loon; went over to the saIooD and looked
in through the window; saw the deceased
going up to the counter, and asking others
to take drink; L noticed at this time the
following persons: James FuzWIlltamS,
Thomas Nelligan, Joseph App, John Nc
CLAIM, q man named Burke, Louis Eller,
and several others; / was in company with
John Young and Sylvester Deeds, (polica-
men), George Huber, Alex. GumberJs, and
several others; while ON the outside,
noticed McClain and App going for each
other; 1 Immediately raped at the door;
could not get in from the front door, but
made nv Savnn stairs and cot into fine
bar from the back entrance, in company
with the two police officers mentioned
above; as soon as / got into the bar-rOom
went to open the front door; Mr..
Deeds, was at the door at the same time;
saw Mr.. Fitzwilliams take hold of Deeds
and pull him back; Immediately Deeds
struck the deceased with his mace on the
forehead after Deeds striking the de-
ceased, he apologized, by stating that he
the deceased was struck, he went for his
pistol, and said he would give 1t 10 him;'
/ Immediately held his hand, and sue
ceeded in getting the pistol away from
him; about this time shot was fired, and
the deceased remarked that I've got,1t
and am hurt and said his "shirt was
burning;" at the time the shot was fired
they could not have been more than two
or three feet apart; did not see who
shot was fred, Deeds was standing
facing Mr.. FltzwillianS. After Pitzs
williams was shot ne walked apout, assist
ed by some person, supposed to be Captain
Gavisk. and noticed him to be sinking on
the sidewalk; during the scufhe noticed
pistol. and cannot tell who held it; sup
after leaving the deceased, I started up
the alley extending from Sycamore TO
Main. between Second and Third Streets;
from inform alton received through Chas.
Ehrhardt, some person had run up
through the alley; and followed him, in
company with Policeman Young, to Lo-
Gust Street, up Locust to Third, and up
Third to the Engine House, and found
with O pistol In his hand, and took it from
him; examined it and found one barrel
empty, and handed 1t over to Tom Boys
ton, Chief of Police; when he handed me
the pistol he asked me how it was" and
replied that FiIzwIlltams was hurt, and
was done accidentally. The pistol was then
produced by the Chief of Police, and iden-
titled as the pistol taken from Deeds; sup
posed to be the same pistol.
Or. Mageniss sworn. He testified to
making an examination of the wounds,
and stated that the deceased had been
he thought had reached the heart.
, Thomas ROySto2s was sworn and testified
as follows: / am Chief of Police; was at
the Engine House about 1G14 O'Clock on
Sunday night; Deeds came in the side way,
bareheaded, with pistol in his hand; 1
matter; he told me that he wanted to
speak with me; We stepped out into the
back yard of the Engine House, and he
then told me that lie had got into troi1ble;
/ asked him what it was, and he told me
that he had shot the Deputy Sheriff 1
that he went into a saloon TO quell IL dis
turbance, and that he had MS pistol out,
ana that It vas was discharged Rs6aig aeel, Gel
Deputy Sheriff was badly hurt, and
he stated that he was afraid that
he was; he then said, What had better
do 20 L told h i'm wou Id take care of him
then stepped back into the Office and got
the key of the lookup; on returning told
him 1 would lock him up, which did;
before locking him up, took a pistol from
him, and found one barrel of 1t recently
discharged.
1.-THE pistol was produced and identified
as the one taken from Deeds.l
George z. Cochran was sworn, and tesd-
am acting as Deputy Sheriff and BaiIid
of the Court, and found Deeds in custody
of the Chief of Police, at the Court House;
the Chief of Police turned him over to me,
and locked him up in the County Jail;
before locking him up, he stated to me
that he had met with misfortune, and
made no reply, and then took him to his
cell; he told me that he went in the back
way of the saloon, and got in before John
Young (policeman); John Young broke
open the front door, and he (Deeds) said
that he struck FitZwiiliams with his mace
when the deceased caught him by the coat
collar and told him TO stop; Deeds turned
around and saw Fitzwiliams with a re-
time took possession of the pistol; during
this scuffie, Deeds took out his pistol anu
fred, and remarked that the pistol that
was in his own hand was the pistol that
shot him (the deceased; he further stated
that he borrowed the pistol for the purpose
Vn1. E. Sherwood testified as follows:
lam Tailor of Vanderburgh County Jail,
and found the prisoner Deeds in the Gus
tody of Tom Royston and Marshal Wua-
deTlich; Deeds stated that he had m ct with
an unfortunate accident, and stated the
following in the presence of myself and
Capt. Cochran: He went n the back way,
and got to the front door and then struck
the deceased with his mace, and then
apOlOgized, on the grounds that he was not
aware of his being an officer; Fitzwiiliams
then caught him by the coat collar, and
then Fitzwilliams pulled his revolver, and
said that he would settle with him; at
this time the Marshal took the revolver
from the deceased, when the pistol in his
iiams; Deeds stated that he thou gut Fitz-
w illiams was one of the bummers.
John Ne Claim was sworn, a--d testified as
/ was present at the time of the killing
of James F1tzWilliams, and the following
are the facts, to the best of my knowledge:
Mvself Burke and App had got into the
saloon, and went up to the bar and called
for drink. App and myself were stand
log at the extreme end of the counter;
when the front door was shaken, the pro-
prietOr opened the door, and the deceased,
James Gavisk, and two or three other Per
sons came in; Fttzwilliams proposed to
take a drink; In the meantime, app
and myself were having an alter
cation, and 1 struck App, where
upon FitzW ilIiams arrested me and
ordered me to go along With him with his
hand on my left shoulder we both start: d
to the door; think some one came in the
front door and struck Fitzwtll ans with a
wooden cub or mace on the forehead, and
he staggered back, and holding on at the
same time to witness; at this time the
Marshall and Policeman John B. Young
came in the back way; the Marshal caught
mold of the left arm of the deceased, and
HSr Needs with his pistol in his right
hand. held It up to Mr.. FitzWiIliams' left
breast and fired and then Deeds started to
run out the door, and ran Toward the
oO ..sd .r.s,,n ndiafaIx Let 90 his hold on me