Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-29

Mel Moore requested me TO 20 and get
= hack, which l did Immediately; [ was
gons but o few minutes MEj. Moore
was in the room VIXEN l WenE away /;
nobody but Msj. Moore went up stairs
with me the fret tine; there was an
: other man helped Msj Moore snd myself
carry the deceased down stair; | don't
know who iS wss; ths hall extends
through The building and steps lesd
down at the rear OF the house = person
could hgva gone down that way and
ous Of the building.
Cross examined The rooms up stairs
were occupied by D0Tsn and two women
I heard the scvffiing between ntre aod
ten o'elo6k the only pistol shot L heard
was when l got 10 the head OF the steps
two or three seconds sfter the shot a
woman opened the door Of the west
room; 1 think Whitfield died a. we
were going TO the hotel.
Sue Campbell sWOr1 i was living IN
Memphis and present when the deceased
was shot he was shot in my room; the
room wss occupied by myself and Capt.
Dorsn /; the shooting was done in the
morning; Whitfi5 I'D first knocked at the
door occupied By my sister; l heard
aim ask ior AT. DJran; he then came %
my door and knocked and D1TAn an
sgered him D0rRn Was undressed and
lying 10 bed DJran went to the door
and opened il; deceased said he wanted 10
see him he then came into therOOm d.
ran closed TIE loor and locked it Whit
field then slapped Doran on the left
shoulder and told him he wanted 10 settle
the card matter; DJran told him there
was c sies wcu an in tbs room q an
other woman ia the OihsT room; Whit
field said he came TO take il OUT OF him
/ fDa-lUN 49, n-w~@ NIn@ haar-1I -
wards the bed and gOshis pistol he then
still backed towards the Fireplace, and
nuaily gJ5 near the wardrobe, when
Whitfield told him to stop, that his life
wa h.s there was then several shots
fred l dOn'C know how many, or who
nred tnem [ tried to gst Gus Of ths room
and succeeded in getting 10 my sistel's
room after the firing. Dorzn had no pis-
tOi II his hand wneo he vent to the
/ door l cav that Whitfield had Q pistol,
but l c5uli not tell what kind it vas ;
| do not know who fired first; 1 saw
Whl'h I'D points pistol at D0rgn; D5ran
was quite sick ths night before, and had
been unWsIi fCr sOme time (; he had one
OF his fingers broken some time before
thai, [ do know how losg; he had phys
icisn5 attending him L do not Know
whether he vas suffering from 1t at that
time or not l know it was not
well; during the difficulty Whitfield
told Doran to step; DJTan told him he
would let aim slGce if be would let him
(DoraD) alone; Whitfield then said give
Ine your pistol; Doran said no, 1 would
be { pretty fool 20 give you my pistol 10
kill me with.
Cross e~rdn3jaed.-I am a single wo-
man; have beea married; am about
twenty-five years Of age; my husbands
name was Il. G. Campbell he is now
dead We lived together about ffteen
menthsi I lived near PAducah, KY,
while married after leaving my hG.
baad ! came TO Middle Tennessee with
Capt. JaeksCa he Wss q captain in the
Confederate army; MS name was Shep-
psrd Jackson. l had occupied the rooms
on Second street some time before the
difficulty the rooms were rented by
Capt. D0rsn Dora0 and myself occu- !
pied theh sst TOOnl; my sister was in the
pack room; Capt. DIEsn, myself and
| sister were IL the house the night before
the homicide; I don't know where nv
sister is she remained ss my house
about two months after the homicide l
dOn's know where sac went to after l
moved. D5Tsn came home the nizhs
bsfore the C-Gi 'ulsy about ten or eleven
o'clock suffering with headache and
| quite unWell. DJTsn did not get 10
until the knock was made ct the east
door he was sleeping in float aud
uegce the door than ! was I saw Capt,
Whitfield when he came to the door
after i5 was opened, and another man
behind him in the hall; the eoBversa.
ton occurred IS con a. Whitfield came
into the room ; Duran generally laid bis
pistol by bis side sc night the FIRST pis-
tol | saw was the one The deceased hgd
10 his hand after D5ran got ais pistol
he continued 10 back towards the fire
place when Whitfield told D5ran his
life was mis-, be drew his pistol and there
were two shots fred st oEae, then there
was a SILENCE Of e few seconds, and then
more ariDg n0Fsn did not invite Whit
Geld in when he cams to the door; l did
not go into the room after the firing
my sister was the first TO go in the room;
she went to get DJTan's pants then
some persons came to remove Whitfield;
l don't knoW WIS they we're.
Court mere adjourned until this morn
ing. 1t lie thought that the evidences will
close today.
CHANCERY COURT VIA. If Smith,
ChGncek11.-W. B. Chrisp, surviving
partner OF Morgan & Chrisp, vs.. Margs-
ret Barry, guardian, etc. This cause was
tried before Chancellor Smith last week
ct a special term held for that purpose.
About 500, 600 depend upon its decision.
David L.. Dunn, OF the 7th Of January,
1861, made Q settlement on his wife OF
property, personal and real, Of an esti-
msted value OF Sl20 600 He died ia o.
tOher, 1867, leaving hiI wife and ore
child surviving him, which child is now
the ward Of the defendant Barry, the
mother having died some years since.
| Tho a-nAiEgra - n-=sfE t nn,H eaeH- -
set aside this conveyance upon the ground
that it is a constructive, If not an actual
fraud upon them. The proof shows that
at the date OF the settlement, Dunn owed
between $40, 600 or $50 900 and probably
had reserved between $40, COO or $50 000
worth of property. From the date of
the settlement up to his death, his in
iebtedness had SWOLLEN to some $50 coo
OF $40, Goa, which, added to his liabilities
outstanding at the date Of the deed Of
gift, according TO the report Of the Clerk
and Master, make an aggregate Of over
Sl00 coo liabilities at the time Of his
death. The chief Indebtedness subss-
quent to the settlement arose from the
purchase OF an Arkansas river plantation
at a cost of $50, 600, made on the
18.h February, 1851. It is alleged
on tbs part OF the defendant that
Dunn reserved sufficient property to
pay off all his existing indebt-
edness in personally, in fee simple, and
in life estates. i is replied that the life
estates were unimprOyed and that they
were vaiueless from the uncertainty Of
thsir duration, inasmloh as is charged
that Dunn mad the consumption st the
date OF tae settlement. It is argued if
he hsd the consumption st that time
his life was not inaurable and eonse-
qlently had nc appreciable value. Much
proof is tsEen OF this point. Ths princi-
PIE OF law which governs cases Of this
character seems to bs this, that the debts
in exstenee at the date Of the gift must
beer an inconsiderabis proportion to the
assets reserved for ths.r payment, that
the fund must Go ample, il not supeffiu-
Gus, with which to discharge all indeOt-
edness, and that the Courts will not enter
into any calculations in determining
whether or not the reserved assets more
than eOunterbslsDce the debts in exist
L at the time of the settlement. tn
cause was conducted AID argued with
marked zeal end ability by MessFs w.
Z GaotE .-1 4 . Es3-~f, for fha aor0-