The Cairo evening bulletin. (Cairo, Ill.) 1868-1870, 1869-06-15

say auyInlnB- ncaTu 10 WORDS pass De-
tween them. = Witness was about 70 to IS
feet from parties, WAS not scared. : DO
not know B whether deceased snapped
pistol after he was shot or not bu' do
know that he aimed 1t at Mr.. Cum mings
before Mr.. G. fired upon him. b q
Cross examined by Albri hit. = After
Mr. Cummings shot, Eaton let his pistol
fall to his side.
Casper Y0st testified that he was stand
ing IN the upper warehouse, and heard
some one cry out from the sample room
that o man had been killed. AS stepped
out saw the deceased, and heard Mr..
Bell say "stop that man" followed him
and told him 10 surrender. Deceased
asked "are youa Policeman" Witness
told him that MIR. Cum .niDgs was
policeman Deceased then commanded
me to stop, aud seeing Mr.. e.. advancing
with his pistol Ievelied toward decreased,
! made no further attempt to effect all
arrest. Witness told Mr. G. to show his
tar to deceased. Star was on coat collar.
Witness saw IL plainly While Witness
was speaking t., Mr.. e. he shot; was not
la u position 10 see whether deceased
had his pistol AT aim; turued round aud
saw deceased fall aud went up To him.
Capt. Williamson who was present re-
remarked "the man Is deadu-witness
saw blood ooze from deceased's mouth.
Heard pistol 6f decreased snap after he
was shot and before he fell heard police
mau Cummings call upon him To surren-
der: Eaton tine q. ceased asked rs he
q policeman" Witness replied che Is"
Deceased had plenty OF time after Cum
mings told him that he Was All officer, to
surrender; but he made no reply. Police
man Cummings kept his eye steadily
liked upon deceased; and while wit.
ness was speaking to G. deceased eleva-
\ ted his pistol. The distance between the
parties WAS from ~ to Is feet Witness
was about 8 feet distant.
The cross-examin alton elected nothing
further. ""t
Capt. Williamson being sworn, testi.
! fled that he was Ia the warehouse, when
the alarm war given that a man had
\ been killed, and started for the door
when Eaton tine deceased) entered the
\ warehouse, MIR Yost after him. Wit
ness followed as far as ales, when Ea-
ton stopped and said TO Yost "halt!;"
\ Yost remarked that Mr.. Cummings was
an officer aud he bud better surrender.
| As Eaton turned, he elevated his pis-
toll, when Cummings fred. Eaton
turned, bent down, and groaned, and
4 81. l.I q
| Cum mlngs again and snapped H. De.
ceased had pointed mis- pistol al Cum-
| mings two or three seconds before the
latter fired. Deceased made no reply to
| Cummings secund order to surrender.
When brat nccosted he turned around
and enQuired '.srs you onicsr?" and
then raised his pistol, pointing IL at
| Cummings.
Cross.examined by Mr.. Albright-In
response To deeeased's interrogatory ''are
| youa policeman" Cummings replied
that he was. Heard Yost ask Cum.
mings to show his star. The star was on
Cummings coat collar or lapel Wit.
mes was only i've or six feet from de-
ceased when Cummings fired.
| The defense rendered testimony TO the
effect that deceased had declared, ON the
occasion OF shooting scrspe At Mound
City, some time ago, that II he should
ever shoot . man he would never be
taken alive. The court regarding such
testimony a. Irrelevant, refused ~ re-
csive II. Hfa
John Koehler, gunsmith, was then
called, and being shown the revolver
that had been identified - that which,
had been used by deceased, testified that
the same was out Of order; that, ordi.
nsrly the cylinder rsvolyed- too far. 10
that the hammer descending would
strike the shoulder Of the cylinder and
not the cap. He gave II rs his belief
that the pistol had been snapped twice,
| without effecting an explosion. An at
tempt mad been made to fire the two
chambers next to the one that was found
empty, the stroke Of the hammer having
left an indentation or bruise In the end
Of the cylinder:
Here the testimony closed.
Tho court regarded the evidence as
harmonious In all the important details,
aud held that 1t established an unq des.
tionable case Of justifisble homicide
This decision, although not unexpected,
was received with evidences Of pleasure
by the crowd that thronged the court
room. The examination involved about
| two hours time. ~
Great Imssrusnsusas Concert.
Carl Wittig, assisted by his grand.
daughter, Emma Wittig, orphan child Of
Carl Wittig, IT,, deceased, has been Ia