Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-27
THE COURTS.
CRrmrnAL ConRr.-R n,

Judge 3 b Barker, WHO depessd IS EIIogs:
reside in Memphis: wss residing here on the
tors OF The AUdlo5iche at thai time Ihe book
keeper, Mr.. Sie6ney, handed NE an advertise
r ment az that tim= 10 re NJ in the paper: the
advertise meat was handed for publication on
FIST receiving II declined publishing L, but
upon consultation l 'opsent-d 70 coso; nave
not the original manuscript OF the ADVERTISE
men; / have made search IOF1t Tut cannoL md
IL l have q copy Of the Lumber OF tue paper
in winch the card appeared Oh file 81 the onice
u the Apd'Gnche at least l suppose IL Is there,
as we keep a file OF The PAPER; l read the ad-
vertaeuDent al the time il was handed me for
pubhcat'O on. Here a copy OF the card was
shown witness That Is the same as the card
that was publishes, and 10 a correct COPY
Here counsel fer the state read the copy OfLhe
csrd.D We lnbliShed it as an advertisement A;
L recognise that as - correct copy of the sdver-
Usement which was handed me by Mr.. Stick
ney on the evening of the I'm or Jsnn ry, 1868.
Cross eDdDltaed-fhe publication appeared In
the paper On the morn ng OF the Sun January.
1853; on The morning the publication appeared.
some one by the name OF Whitfield called to
see me and inquired for Mr.. Doran II was Be
tween 5 ana . o'clock in the morning; Idon't
recOl ect that he ASKED me for any explanation
OF the card, though l think Tired TO explain
to hitn how the publication came 70 be made;
the conversation lasted some i've or ten min
utes; the party who came was either the de-
ceased or ms brother; tne inquiry was about
tue article in line Taper the article was handed
in about . o ciosk in the evening.
IL. n. Siickney was next os,led upon the
stand. lam a resident OF Memphis was a
resilient in January, 1858, on the SIN January.
/ paper on the evening OF the TIN January,
1868, an advertisement was handed me BY y
per on introduced TO me As Mr.. y. A. Doran.
with a request 10 publish the same; 1 read the
adver iselnent as II was handed TO me there {
copy was handed the witness that advel tise-
meat was published In the AtGldRehe on The
morning of the Sth January, and il q correct
copy Of the ADVERTISEMENT handed me by
DOran on TIE evening OF the tn, when
It Wa handel me, 1 took il 10 rLe
proprietors OF the paper 10 know - il should
De pubhsned: II Was, oa co 'sultadon, ordered
| Id De lngEgfG1- ~ 80 II - -
any othAr s4verJs snent, aud Eas published as
such. Idi1 nOt know nJraa until he was in
trOduccd u Lis a. sat a. ON the evening of the
7tn O~fJanuary. Judge Barker end Col. Gala
wsy were tJgether VIXEN 1 took the advertise
ment to them 10 koOT lit should be Published I;
they said II was cIztotnary 10 puUltsI such
advertisements. and ordered IL 10 be published.
Cross examined Il knew Capt. WhiIda.d, the
deceased for a number CT ye2rs before his
Ceath be was about twenty-six years Of age,
Was in good health and stout a. the time # his
death. 1saw hin on the morning the card was
south SIDE of tbs street, l did not BEE him
sgain that morning.
5. Moore bsIns sworn testiies as follows:
1 resided in Memphis in January, 1888 anna
j Justice OF the Peace am not acquainted with
DOran; never Nv niIn until the Gay before the
killing DIV hltneld ne wa In my Office that
day; there was a suit before me in which Whit
/ neld was suing Doran for the possession of a
house. The suit was uisd before me and
'SCuire Hill and SQUIRE DickicsOn. The suiI re-
| suited in favor OF Whitfield. DOran was pres
ent during the trial, and at the rendition OF the
1 l4L6ALEhAs 4ANAt q AO III ACEAh5 EALA1AtGA
| by Dorau al the termination OF the suit. 1t vas
/ about TIRES o'clock in the afternoon that the
| suit ended Ibid not near any remarks from Do
ran about Whitdsld or his Esther that evening.
DR.. Paul Otsy being sworn depoSeO es fOi-
lows: 1 am a pryalcian; was a prac1cing pby-
stefan and Tea.dent OF Memphis on the TN aud
Sth Of January, 1889; anew Capt. Ed. Whit
field; was called in to See him sometime in
January last at The Peabody Hotel; when l got
| there he was dead l examines his body aud
found a wound from a pistol ball the pail en-
tered ABOUT the seventh or eighth rio on the
I lie 1T - "a IA n -. n so -. 49, -
/ spinal cyIGmn 4 cut the bail out there was a
| slight wouud on The head which appeared TO
Gross Erantned.-Cdpt. Whitfield had bean
dead aOOaJ nteeR minutes when saw him
tie ball entered about four inches below the
arm pit and on n line with the arm l could
only form a conjecture as to the position of the
| parties at the time the shot was fired.
Virgil V. Moore being sworn deposed as fol-
/ lows: 1 am a commission merchant; was doing
business At No. | Howaru's Row in January,
1888; know DOran by sight; think 1 ned seen
him before the homicide; knew Edward Whit
ueldi l nrst saw deceased on the morning Of
the homicide about EtEe O'Clock. He
sb6ut N nine enc o.elo Saoe ws SIsi 1 went s in tb SH1 dc.
ceased asked me II l had seen the card in the
paper. / told him ny attention mad been cali
edltO.lt. he thea asked me 10 go with him tOsee
1ceH 1 consented 10 90 so. When we left
taSrr re Whitfield was not armed as we went
up town Withheld stopped at a friends room
al the Commercial Hotel aud obtained a re-
peateT; he examined II, and finding 1t unload
I'd. said he would 60 and have IL loaded he
4 AAEA hEAA 0~A A1A a. ~ VIC I4CA
went on 10 the house which DOran occupied.
Deceased knocked at the door in mont OF the
stairway q woman came TO the door; deeeas-
ed a ked If thai was DOran's room; she sid
no; that the next uOcr was his. Deceased then
wenI to thst door and knocked; LUrau came
to the door and Whitfield entered i. an ac-
quainted with the looms Ofthe house in which
Whitfield was KILLED II is a two stOrS house on
the wet side OF second street, az the corner
| of the sIley between Market and Exchange
streets; the mouse is entered cy a stairway from
sec ma street, tie rOoGs being on the moth
! EHraH h. -UUnwn Tn aAaa uTT~I -
| (Whithelo) knocked az was Just at the head OF
The stairs. shut i've Or SIX feet, the door
which he entered was abouttSn feet east OF that
door; IneroOms are CONNECTED oy loldtng doors.
| 1 was in the room after the shooting Doran
was uDdrt ssed aud in his night clothes. In a
few mcmsnts after Whitfield Entered the firing
commenced; 1 cont thlng it was three min
utes rom the Jime the mr. shot was nred until
toe last, IS sooa as found l could not get in
The room ! went cow stairs to ges some hslP;
WHen L rttCrsed DOIan was standing at the
door at which we first Knocked and held a re-
psaJeT IN his hands. He said - US, Come in
gentlemen, l cont waut TO murder the man"
l Cund Whitfield sitting on n trunk; l took
MIN up and latc MIN on the 5oE be vas IN
| able 10 stan up; l saw 10 ether pistol about
the place hut the one Doran had in hi hand
and the enc bGckled about the person OF Whit
/ field, Whign wa the SAINT one that he got whea
going TO the house. Here the clothing was
| shown in which lite deceased was shot and was
recognized BY the witness as the same as worn
/ knew Whitfield several years before his
death he anu l were partners ct tue time Of
4 MS utdlu us Vas 1bOHt khEAtJ ~ GdL5 O4A4
Gross erdnliaed-Wbitdeld and were part
ners. Wnen L returned from oreaEIast on the
doy OF Tue homicide u my once, found the
/ dt ceas.d a. the Othco OF our store. he had
time while g9ne to get the pistol loaded or 10
get another; he WOls tee repeater on Dts night
side. We walked very rapidly 10 DOran's
/ house; l told deceased that we were walking
| too last, nd that he would be too excited when
/ be got Lhsie e. l was armed myself; haa been
out the evening before and had a dsrringer
with ms and mad net taken 1t from my pocket.
4 VI Hraa aIaarHn nv nrn wEhan hA EDF a
the room the dor was then closed. and In a
| short time the first shct was nreJ L Urlsd to
/ ente-, hut could not get In; l then went down
! stairs and told Mr.. Jungle that Whitfield was
| having a difficulty mp STAIRS, and a4ke0 him TO
go win me ne AMI L then went up and found
Horan standing il the door a which Whitfield
| first En0cked; Doran was standing In the door
with a pistol Ia his hand AID In his night
c'olhes; 1 passed on into the room which
Whitfield mad entered L found him
sitting on a trunk asked aim If he
was wounded, aud be replied no was
! the trunk was on the left hand side OF the door
at which deqessed mad entered; 1 was satfshed
as tOan as ] got to Geceaked that he was IA a
dying condition asked him, after laying him
down, if be thought he would die he said yes;
the bed in the front room looked as IL II had
lust been slept il; IL was tUmbled ~ the wo-
men were undIeSsed, or rather in their night
Here the Court adjourned until this morn
Ing, when the trial will be resumed.
We omitted to mention, IN Sundays Issue,
the name OF Ci, John s.. Kerr as one Of the
counsel retained for defen-e, also that OF Mr..
DtckjnSOn.
MUNICIPAL CoUBT-Geo. ". RGldroH,
Jud0e-Yesierday was motion day. No orders
OF importance were entered. The calendar for
1-dsy is as follows:
1877 Firth VS. Graves.
1868 Choat VS. Tighe.
i773 Blngham VS. Carlton.
1905 Mayor and Aid. OF Memphis vs. Noel.
1907 Same vs. Craft.
1910 Same VS. Gallagher.
1872 Same VS. Guuman.
1918 sans VS. Finn.
1914 Harris VS. Knapp.
1918 Mongee VS. Etchevarne.
1920 Rhine VS. Whalen.
1921 Byrd & Reynolds VS. MeCloud.
1872 Leftwich VS. Harris.
- 3 Ventwrsne VS. Mitchell.
1871 CODnor VS. Williamson.
Ial5 Toohiil VS. Coczren.
1923 UOyn ne VS. HeyDia.
1870 Pooley, Barnum a Co VS. Whitmore ct al.
LAW CoURT-H. s. Lee, JUDGE
| There was nothing done in this Court yester-
day, il having adjourned cut OF respect TO the
memory OF BarnEell +. Stusrt. late a member
| OF the Memphis Bar, who dtsd at his former
| residence in Soul Carolina a few days ago.
To-day the trial of the case OF Mcdonald VS..
Ackermap, continued from Friday, will be re-
| sumed and u. posed OF, AFTER which the csse OF
| Moore 4 c.. VS.. Oliver q Co. ct al. VIII be pro-
| ceeded with This Is q litigated case and will
| DrObablY cor sumo tbs remainder Of the week.